Breaking: SC Asks Centre To Examine The Need For New Judicial Fora To Decongest SC&HCs, Central Selection Mechanism,Full Time Body For Appointment & Evaluation Of Judges [Read Judgment]

A two Judge Bench of the Supreme Court on Wednesday directed the authorities consider the proposal for central selection mechanism for filling up vacancies in courts other than the Constitutional Courts and also to consider as to how to supplement inadequacies in the present system of appointment of judges to the Constitutional Courts at all levels.The Bench of AK Goel and UU Lalit has also observed that there is need to consider whether there should be a body of full time experts without affecting independence of judiciary, to assist in identifying, scrutinizing and evaluating candidates at pre-appointment stage and to evaluate performance post appointment.The Bench also directed the Government to consider what changes are required in the process of evaluation of candidates at its level so that no wrong candidate is appointed. What steps are required for ensuring righteous conduct of Judges at later stage is also an issue for consideration.The Bench was hearing an appeal where the order of the High Court was challenged mainly on the ground that the appellant had been in custody for more than ten years and the remedy of appeal will be meaningless if he has to remain in custody for the full term of sentence.But the bench has decided to examine the question as to how the problem of delay in hearing of the appeals can be remedied. The Bench appointed Senior Advocate Gopal Subramanium as Amicus Curiae.Submissions Of Amicus Access to justice is a fundamental right under the Constitution of India. It is also recognized under Article 10 of the Universal Declaration of Human Rights as well as Articles 9 and 14 of the International Convention on Civil and Political Rights.In appeals against acquittal efforts should be made to weed out unmeritorious appeals. Competent Government advocates should be appointed by a fair and transparent mechanism as laid down in State of Punjab versus Brijeshwar Singh.Vacancies of the High Court Judges should be filled up well before the date a judge demits the office. Ad hoc judges should be appointed to deal with the pending appeals.Suo Motu PIL On Central Selection Mechanism For Subordinate Judiciary: SC Seeks Response From States [Read the Letter]Wherever there is higher pendency of appeals, the same can be transferred to the courts of concurrent jurisdiction of other States. Technology ought to be used to facilitate speedy conduct of trials and disposal of appeals. Electronic copy of all papers should be served as soon as a charge sheet is filed. The technology can be used for speedy and summary disposal of certain cases such as the traffic offences. Evidence can be recorded by video conferencing, especially for Doctors and investigating officers who may be on outstation job and engaged in official duties which suffer if they have to physically come to the court. There must be change in the work culture amongst the members of the bar as well as the police. Efforts should be made to avoid adjournments. Time table should be laid down for hearing of appeals which should be strictly adhered to. AG KK Venugopal’s Submissions Government has adopted a coordinated approach to assist the judiciary for liquidation of arrears and pendency by providing better infrastructure for courts including computerization, increase in strength of judges, policy and legislative measures in the areas prone to excessive litigation and emphasis on human resource development. ECourts Mission Mode Project has been introduced. 6 Computerized courts have been increased to 16,089. Cost of Rs.1,670 crores has been approved for the purpose. Video Conferencing facility has been operationalised in 500 courts and prisons. Natinal Judicial Data Grid has information regarding 6.36 crores decided and 2.5 crores pending cases. 5.24 crores orders/judgments are available. Steps have been taken to fill up vacancies in Supreme Court and High Courts. Appointment of Judges and judicial officers in district and subordinate courts is within the domain of the High Courts and the State Governments. A total of Rs.5956 crores have been released under Centrally Sponsored Scheme (CSS) for Development of Infrastructure facilities for the Judiciary. 17,576 Court Halls and 14,363 Residential Accommodations are available for the Judges/Judicial Officers of District and Subordinate Courts. In addition, 2,852 Court Halls and 1,622 houses are under construction. 14th Finance Commission has endorsed the proposal to strengthen the judicial system by establishing 1800 Fast Track Courts (FTCs) for five years for specified offences at a cost of 4,144 crores. As per resolution of the Joint Conference of Chief Justices and Chief Ministers, the Government has requested the State Governments to strengthen institutional mechanism between the State and the Judiciary. Steps have been 7 taken for timely completion of infrastructure and eCourts Mission Mode project. There is need to implement Section 436A Cr.P.C. and ensure periodic monitoring of...

Breaking: SC Asks Centre To Examine The Need For New Judicial Fora To Decongest SC&HCs, Central Selection Mechanism,Full Time Body For Appointment & Evaluation Of Judges [Read Judgment]

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