Fear of "Being Unconventional in lower court judges"
All lower court judges are under direct supervision of High Court.
There is an Administrative Judge who gets reports on all judges of lower court through District Judges.
Their speed of disposal is repeatedly checked. Their quality of judgements is checked.
On basis of this they are given grades like good, average, very good.
On these remarks, their future, their promotion hangs.
They have a hidden fear of "Being unconventional"
Suppose a case comes before them where he can see that woman is completely lying. She deserves no mercy. Husband is soft person who is exploited by wife.
Yet, most probably, he will give judgement in favour of wife. If he dismisses case of wife, he will be unconventional, "going against wind".
Same in cases of corruption Act. He sees that there is not good evidence against accused. Yet, probably he will convict the accused.
If he acquits accused, he will be "Unconventional" judge going "against the wind".
Such judges in lower courts suffer a lot and are often denied promotions because of unconventional judgements.
This kills creativity and job satisfaction in trial court judges.
Desire to give some new judgement dies. They then work mechanically.
Sad. This my word for them.
Haresh Raichura
29/8/13