The Chief Justice of Supreme Court of India, Justice P Sathashivam expressed concern over the shortage of Judges in the courts, which affects free legal aid and inexpensive justice.
He was addressing at the inaugural session of two days long 12th All India Meet State legal Services Authorities under the aegis of National legal Services Authority at Indira Gandhi Pratishthan on Saturday.
While sharing about importance of legal empowerment for nation’s development, Justice P Sathasivam shared that legal empowerment eliminates social evil in the country. "The sanctioned strength of the Allahabad High Court is 160 where as the present strength of Judges is 91 only. Due to lack of infrastructure in the State, the constitutional vision of free legal aid and inexpensive justice is difficult," he said.
He demanded to the state government that the Judiciary is facing challenge of lack of Infrastructure, accommodation, and lack of staff. With the sufficient infrastructure and support, our goal of easy access to justice can be achieved. The state should ensure the facility come up in near future.
He also shared that the action for increase in the Judges strength in the High Court to the tune of 25 percent has been initiated. In this regard, he met Prime Minister and Union law Minister. Allahabad High Court should reach to its sanctioned strengthen of Judges and then pursue increase of 25 percent Judges.
He said the vision of the Constitution and commitment is to provide free legal aid to all. The concept of free legal aid is healthy for the democracy. In providing free legal aid, the need for addressing the persons with socio-economic backwardness has to be taken care off. "This annual meet has been organised to discuss the stock of accomplishments made by the different states and prepare future course of action," he added.
Expressing his happiness in regard to the initiatives being taken by the different authorities in fulfillment of objective of the provisions, He said every stake holders of justice delivery has an important role to play and all have to work together, right from Supreme Court to Tehsil level authorities or committee in fulfillment of vision of our constitution.
While speaking on lok Adalat, he said in the lok Adalat, the presiding officers have to play a responsible role in deciding the matters through compromise, as it attains finality and no appeal lies against the final order passed by the court. Equal opportunity in such matters should be given to all the parties during the process of negotiations. "The National lok Adalat which was organsied on November 23, as many as 71.78 lakh cases was disposed off. lok adalats and family lok adalats should be organized frequently for speedy disposal of cases," he added.
Chief Justice of India revealed that recently he has recived a complaint from a litigant that his cases were not properly takenj up at lok Adalat. The Notice has been sent to the other party and centre was the case was taken up.
He said the key agenda agenda has to be, to provide legal aid to those people who cannot reach the law. The Media, Social organization, Para legal volunteers and advocates have to play a proactive role in fulfilling the constitutional vision. The legal Services cannot be a charity but important rights of people.
"The State legal Service authority should organize the legal literacy camps in the areas such as slums, labour colonies and backward areas so that these persons are aware of their rights and that the free legal aid is their right. Mass mobilisations of people are important in this regard to generation of legal awareness," he suggested.
Chief Minister, Akhilesh Yadav who was present in the meet as special Guest of Honour, said in his address that the vision of the constitution of providing Social Justice and the role of legal Services authority in meeting the constitutional obligations. The Concern for the poor, illiterate and other marginalized section of the society in regard to their ignorance and providing free legal aid was emphasised by him.
Extending his support for lok Adalat, CM said it was successful lok adalat which was organised recently. Necessary directions have been issue to all departments to extend all the support in organizing the next National lok adalat which is scheduled to be organised in April.
Assuring government’s support in lok Adalat, he said to supervise organization of lok Adalat in the state, the Principal Secretary (law) has been nominated Nodal Officer while other departments have been directed to nominate nodal officer for the purpose. "Ensuring justice to last person of the society is a challenge for the system and hope that State legal Service Authority will ensure effective supervision of the organization of lok Adalat," he added.
He also said positive approach of all of us is needed to meet the target. All possible help will be provided to the functioning of National leagal Service Authority and State legal Service Authority. "We need to create awareness about free legal services among the deprived classes.
Judge, Supreme Court of India and Executive Chairman, National legal Services Authority, Justice RM lodha said it is our duty to ensure that nobody suffers from injustice. The need and importance of for pre-litigation was emphasized in order to reduce filing of cases in courts. "The lok adalat and mediation is working well, but the pre litigation conciliation has to be taken off. This is one area where collaboratively and collectively we have to make efforts to ensure that conciliation process are given their due and maximum emphasis given to the cases which are numbed in the bud at pre-litigation stage. All efforst should be made that cases are properly resolved," he added.
He shared that in many cases what is required is sensitisation of stakeholders that there is value of conciliation. Until that value is not known to everybody conciliation will not give the result that we would like to achieve. The adoption of agenda of NAlSA by State legal services authority was shared and the need for adoption of the scheme/programme was laid emphasis upon.
He also shared that Village level care and support centre has been inaugurated and the objective of establishment of the same in meeting the obligation. The need of strengthening the above centre is required so that justice should reach door step of a common man.
Judge Supreme Court of India and Chairman Supreme Court legal Services Committee, Justice AK Patnaik shared the vision contained in the preamble of the constitution and it was shared that Article 39A of the Constitution of India obligates the States to promotes justice on a basis of equal opportunity, and free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability.
He said the eligible people for receiving free legal aid/assistance are not aware of the provisions. Efforts have to be made to ensure that these people are aware of these rights. The competent persons have to be encouraged to provide legal services. Such encouragement can be in form of incentives.
He expressed concern over the implementation of provisions of Plea bargaining scheme in the Code of criminal Procedure in quick disposal of the criminal matter. He also shared the cases where these provisions can be implemented effectively.
Chief Justice, Allahabad High Court and Patron-in-Chief, UP State legal Services Authority, Dr Justice Dhananjaya Y Chandrachud highlighted the details of the disposal of cases in the lok adalat, legal literacy camps, Settlement of cases, amount of Compensation awarded etc. with the audience. The Institution and disposal of cases in
Allahabad High Court and lucknow bench was also shared. He expressed concern over the lack of infrastructure in Judiciary. Judge, Allahabad High Court and Executive Member UP State legal Services Authority, Justice Sunil Ambwani, Senior Judge, High Court, lucknow Bench and Chairman, High Court legal Services Sub-committee, Justice Uma Nath Singh along with Judges of Allahabad High Court, Senior Judges of all High Courts/ Executive Chairpersons of the State legal Services Authorities, Members of National legal Services Authority, the Member Secretaries of State legal Services Authorities across the country were present.