Can Judges be fined for granting adjournments?(Fake news) Neither legally possible. Nor practical.
Headline in one today's national newspapers says judges may be fined for granting adjournment.
This is cheerful but fake news. During election time, painful veins of people are identified and fake news are circulated in mind of people even if the promised steps are illegal or not legally permissible.
Be careful while reading such news.
1) One reason for most of adjournments is "Court Time Over". The cause list, lists a 100 cases, but by the time judge has disposed of 40 cases, it is 5.00 PM. Court time is over.
2) Those who give lot of advice to judiciary, should first go and sit for few days in a trial court to see how judges and lawyer work under pressure. Non appointment of required judges has led to a crushing arrears of three crore cases. Govt discontinued fast track courts and it has not publish plan to deal with these arrears.
Why legally not permissible to fine judges
1) There are 1000 laws in which judge is asked to dispose certain application in 30 days. It is not done anywhere.
Because laws are passed without consulting judiciary and without considering logistic time involved in process.
The laws are passed on basis of wishful thinking.
2) Secondly, Each law protects judge from not being personally liable for any judicial act done in court. The question of making them personally liable does not arise.
3) In cases, where it is found that judges have given undue adjournment, departmental inquiry can be ordered. But that power is with High Courts. Not with Supreme Court.
4) Earlier, Supreme Court used to direct High Court to dispose of certain case in 6 months. Same way High Courts used to direct lower courts that certain case be disposed of finally in six months.
Today, neither Supreme Court, nor High Courts give such directions. They have learned realities. If necessary, they only "Request" lower court to dispose case "expeditiously" so far as possible within six month.. But no direction.
The point I wish to make is, the Arrears is real problem. Shortage of Judges is real problem. Unwillingness of Govt to allocate enough funds to judiciary is real problem. Not motivating lawyers for early disposal of case is real problem.
The real problems are not being addressed. Fake promises and populist statements are made.
Just ask "How?" and "Why this news now?" when reading such news. These question may lead you to hidden agendas of news makers.
Haresh Raichura
29/6/13
