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Thursday, December 2, 2010

Justice Chelameswar’s evocation

While admitting Kerala High Court Chief Justice J Chelameswar’s evocation that the evil system of corruption could be addressed only with people's initiative, I would like to add that it is not the lack of public initiative that spread corruption but it is the the snail speed of the Indian Judicial system. A delay for a decade or above for settling a dispute is the big handicap of the Indian Judicial system.

Consumer Redressal Forums set up for speedy disposal of cases are very slow in settling disputes and have become the havens of some greedy counsels. Even Presidents of these forums favour advocates’ assistance thereby denying the opportunity of the complainant to argue for himself. A counsel appearing for a client in a Forum costs at least a sum of Rs 5000 which is often unaffordable to many. It is my experience with Alappuzha District Consumer Redrassal Forum to wait more than a year to get the judgment of a disposed case. And public initiative in such occasion is a meaningless observation.

The huge number of pending cases in Kerala High Court is a clear indication of the snail space of the judicial system and it points out the rampant corruption in the society. When one approaches a court with a petition it is certain that some sort error has been committed by some one. If the court, that is bound to settle the dispute, brood on it for many years how it would be possible to reduce corruption. The Government itself could resolve many dispute without court interference, nevertheless, it has become the most involved litigator.

The solution is the only one. And that is the speedy disposal of cases with the active participation honest and able judicial officers.

K A Solaman

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