To, 05/01/2017
Hon’ble Justice Jagdish Singh Khehar
Hon’ble Chief Justice of India,
Supreme Court of India,
New Delhi
Subject: Judicial reforms urgently required for
enhancing public faith and trust on fairness and independency of Judiciary.
Reference to the subject mentioned above we, on the behalf of our trust
the Association for Judicial Reforms, India (AJRI) wants to humbly submit the
following submissions for kind consideration of lordship for enhancing public
faith and trust on fairness and independency of Judiciary;
1. That
our Trust, Association for Judicial Reforms ,India (AJRI) is working for the
cause of Judicial Reforms by suggesting practical ways to all the stakeholders
of Justice Delivery System based on public experiences and analytical legal
researches.
2. That
as our Trust believes that evolution of present Judicial system within its
jurisdictions is the best suited methodology to bring judicial reforms in
India, we at AJRI work for documenting the public experiences of litigants and
synergize these with analytical researches carried out by our researchers, to
suggest only those practical ways which if implemented as per present
Constitutional/Statutory provisions could bring valuable reforms in present
Judicial system.
3. That
public faith and trust on fairness and independency of Judiciary guarantees the equitable and sustainable
development of the society, absence/deterioration of which erodes the natural
rights of all the citizens of democratically ruled societies like India.
4. That
on the basis of experiences of litigants documented by our researchers and
analytical researches on “Judgment pronouncement in open Court to judgment
conceived by all the parties involved in suits” which warrants urgent
improvisation for enhancing impeccable
public faith and trust on fairness and independency of Judiciary.
5. That
majority of litigants and even their lawyers shared that while judges pronounce
the order/judgment in open court the voice of the Judge does not reach them
while sitting in the Court Room, which creates suspicion in their minds till
the oral judgment pronounced in open Court is turned into written judgment,
which as per routine takes 2 to 90 days.
6. That
the litigants whose decisions have been pronounced in open court but not
conveyed to them due communication barriers remain in a dilemma till a written
judgment/order comes, and during state of dilemma his/her faith on fairness and
independency of judiciary always remains in a state of pendulum, which is not a
good sign for Indian Justice System and should be remedied as soon as possible
in the interest of justice.
7. That
as per Rule 1, Order 20 of Civil Procedure Code and section 353 of Criminal; Procedure Code
the all Judicial Judgments are to be pronounced in Open Court, means thereof
that it should not only pronounced publically in open Court but also be heard
simultaneously by all individuals present in the open Court. On the contrary to
this, in majority of cases where voice of judge is not loud and size of court
room is large the judgment pronounced by judges in open courts are not heard by
those for whom it is delivered. A judgment is the final decision of the court
intimated to the parties and the world at large, by a formal ‘pronouncement’ or
‘delivery’ in open court. It is a judicial act which must be performed in a
judicial way.
8. That
as humbly submitted above this situation emerging out of facts mentioned above
may be remedied, if public address system is installed in all the court rooms
in front of Judges and counsels for parties, then legal communication made in
open Court will be able to reach to everybody present in the Court, this simple
move would further enhance the public faith and trust on present justice delivery
system and also complete communication process as intended in established law.
Keeping
in view the above mentioned submissions it is prayed that submissions submitted
by us may kindly be considered and in case positively implemented in the
interest of fairness an independency of Indian Judiciary, assistance from our
side, is always at the disposal of one of fairest and independent justice
delivery systems in prevailing world.
Dinesh
Singh Rawat Mrs.
Jatinder Kaur
Trustee Managing Trustee
Copies
to All Hon’ble Chief Justice of High Courts with humble request for considering
of submissions made in our communication in the interest of Justice.
Dinesh
Singh Rawat Mrs. Jatinder Kaur
Trustee Managing Trustee
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