CJI Bobde inaugurates new Patna High Court centenary building
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“Litigation is fine and making provisions for litigation is fine. But it is time we resort to pre-litigation mediation”, CJI Bobde mentioned.
Chief Justice of India S.A. Bobde on Saturday known as for lowering dependence on courts by encouraging events to go for “pre-litigation mediation” which has “a way of solving problems”, each civil and legal, which come up from comparable dispute.
He made the remarks in Patna whereas addressing a operate the place he inaugurated a new “centenary building” of the Patna High Court, within the presence of a bunch of dignitaries, together with Union Law Minister Ravi Shankar Prasad, Bihar Chief Minister Nitish Kumar and Chief Justice Sanjay Karol, amongst others.
“Litigation is fine and making provisions for litigation is fine. But it is time we resort to pre-litigation mediation”, mentioned the CJI.
He mentioned disputes solved by way of pre-litigation mediations “made a big difference to the feeling among disputants” apart from lowering dependence upon courts.
“I was discussing with the Law Minister that the only thing lacking in a pre-litigation meditation was a force of law. This was being included since it is the essence of pre-litigation mediation”, the CJI added.
He noticed that the necessity for new court docket buildings implied that there was an “increased legal literacy……which is necessary, without encouraging litigiousness and cantankerousness” and folks had been “increasingly approaching courts to settle their disputes, instead of taking the law into their own hands”.
Turning in direction of the Chief Minister who spoke earlier, the CJI expressed his admiration of “deep insight into the purpose of law, the purpose of the courts and the way he stated the principle of the theory of separation of powers, without mentioning it”.
“The theory of separation of powers does not imply a hostility between the branches of the government. And it is extremely elevating to hear such wonderful, realistic views which are absolutely in accordance with the Constitution”, mentioned Mr. Bobde, thanking Nitish Kumar “on behalf of the judiciary” for “understanding the needs of the courts”.
Mr. Bobde additionally spoke in regards to the judiciary being “heavily invested” in making use of know-how for fast dispensation of justice and sought to allay fears that using Artificial Intelligence in judicial work may have an effect on “decision making” by the judges.
He spoke of the function performed by know-how in serving to the courts operate when bodily interplay between judges, litigants and attorneys had grow to be unfeasible due to the COVID-19 pandemic.
“Thankfully, we had in Ravi Shankar Prasad a Law Minister who also holds the portfolio for Electronics and Telecommunications”, the CJI remarked including that this helped in bringing a few seamless transition within the working of courts.
He, nonetheless, famous with remorse that the new type of functioning was not nicely obtained by many attorneys and litigants who confirmed indicators of “unexplained depression and rage” due to which psychological well being clinics needed to be arrange on the Supreme Court.
Mr. Bobde mentioned he felt a powerful affinity with Bihar, having labored with innumerable judges from the State which “does not seem to me a new place, and I am happy to be here”.
He additionally made a point out of luminaries like first President Rajendra Prasad having practised right here and two judges of the Patna High Court, Justice B.P. Sinha and Justice Lalit Mohan Sharma, having made it to the CJIs chair.
Comments in opposition to judges a disturbing new development: Ravi Shankar Prasad
Union Law Minister Ravi Shankar Prasad expressed robust disapproval of authorized activists making objectionable feedback about judges who don’t cross beneficial orders on their petitions, calling it a “disturbing new trend”.
“We can surely criticise the reasoning of a judgment. But, I foresee a new trend which I need to flag today”, Mr. Prasad mentioned referring to “grossly unfair” feedback on social media in opposition to judges by those that file PILs and really feel aggrieved when the judgment just isn’t beneficial.
Asserting that the judges of India, be they of the Supreme Court, the High Courts or the district courts have to be given the liberty to resolve a case as per their information of the legislation and that although individuals had been free to provide you with their very own analyses that was vital of a verdict, “trolling” and “agenda setting” weren’t acceptable.
“I had been thinking of making my concerns public. I chose to do so here”, mentioned Mr. Prasad who additionally made a point out of getting practised, as a lawyer, on the Patna High Court and his present tenure because the native MP.
The Union Minister additionally referred to the just lately issued tips for utilizing social media which was “long overdue”.
“We are supportive of freedom. We are supportive of criticism. We are supportive of dissent, too. But, the issue is the misuse and abuse of social media. There should be a grievance redressal mechanism for someone who is abused on the social media”, he added.
The Union Law Minister additionally spoke of the proposed institution of All India Judicial Services, “a work in progress”, as a part of which “the best minds” could be appointed as judges after cracking aggressive exams held by the UPSC “below the course of the Supreme Court.
He additionally mentioned that the federal government “wished to give proper reservation to SCs, STs and OBCs” which might make the judiciary extra “inclusive”.
Mr. Prasad additionally expressed satisfaction over the judiciary having risen to the problem posed by the COVID-19 pandemic final yr.
The complete variety of instances digitally heard throughout the nation, until January 31, was a staggering 76.38 lakh. Of these 24.55 lakh had been heard on the varied High Courts, one other 51.83 lakh on the district courts and 22,353 on the Apex Court. “It is a matter of some assurance and appreciation”, he asserted.
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