Management & Technology in Indian Judiciary

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Management & Technology in Indian Judiciary

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Legal Reforms in Indian Judiciary - Need of the Hour

Immediate Measures for Quick Results

Following 4 measures will bring quick results and relief to public:-

(1) Video Recording of Court Proceedings:- Advocate and Judges will be careful in awarding adjournments, proper arguments will be held and actual time spent on work will be known.
(2) Summer and winter holidays be stopped. If anybody desires such holidays, he will have to pay.
(3) The Reference due to demise of advocates be held after office hours
(4) There are more than 70% cases from Govt and public sector bodies. There should be independent legal audit before filing original case or appeal.

The implementation of above measures does not require much investment. In the meantime, the model adopted by Americans to improve their Judiciary be studied and suitably modified before adopting.
The above we have suggested based on our own experience of 25 years in Indian Courts, Further details may be seen from our article on this page below:-

Entire democracy is suffering due to highly backward Judicial System in India. Globally there are 73 countries which have better Judicial Systems. Recently Justice R.M. Lodha, the Chief Justice of Supreme Court of India has expressed his anguish over the extreme pressure of pendency in Indian Courts. He said that disposal has now become uncontrollable. He informed that he had discussions with Chief Justices of Supreme Courts of 12 countries, who informed that they handle not more than 150 cases per year and hence they were surprised to learn that Indian Supreme Court handles 800 to 900 cases per week.

In 2010, Mr Rao, a sitting judge of Andhra Pradesh High Court stated that the pendency in Indian Courts is more than 3 crores cases and it will take more than 320 years to clear the pendency.

In 1988, famous Justice Krishna Iyer stated that in Judicial arena, we are 200 years behind the developed countries.

In view of above we have prepared a Pragmatic Article given below. This is based on our own experience in Indian courts past 25 years.

We have submitted this article to Internet Resource in 'Transform India with Narendra Modi' part of Local Circles set up under the aegis of BJP.

We have also sent this article to Mr R.M. Lodha, present Chief Justice of Supreme Court of India

Lack of Management & Technology in Indian Judicial System

Greatest Cause of Huge Pendency & Utterly Low Efficiency

Pragmatic Approach

(Last updated on 02.08.14)

- Ram Kishan

M - 09691103689

www.drtsolutions.com

We adopted the Judicial System established by the British Rulers meant for governing over an alien country and hence obviously not suited for a democratic setup or even their own country.

We created so called a ‘World Class Constitution’ which was based on inputs from the various constitutions of the world. It was our lack of management that on one hand we took self pride that we have a created a world class constitution but we did not do anything to create world class courts, world class advocates, world class judges and world class judicial system. We left the court system in lurch to continue on their own. The attitudes of most of the judges, advocates, their staff, procedures and dealings with the litigants continued in the same manner as in British Days. As per the Constitution, the Public should have been respected and dealt with as the Master, Customer or the Client but the dealings are not much different than those in British Days. On one hand the Judges and Advocates are using most modern TVs, Cars, Air-conditioners etc. but in court room they are not willing to go beyond 500 years old technology of paper and oral submissions.

On account of above, during last 64 years, there has been ever increasing pendency from year to year and now it has crossed 3 crore pending cases and is going up day by day. This pendency is not created all of a sudden. We were voicing our concern every year but no substantial measures have been taken to arrest the ever growing pendency. One of the sitting Judges of Andhra Pradesh High Court, Justice V.V. Rao has said that it will take 320 years to clear the pendency (vide news item dated 07.03.10) Thus the said ever growing pendency of above 3 crore cases and clearance period of 320 years is the admission of poor management by the Indian Judiciary itself.

Justice Krishna Iyer has said in his book ’Law, Lawyers and Justice’ 1988 edition at page 133 that we are behind 200 years compared with developed countries. In one of the news items dated 2nd Dec. 2009, it was stated that the High Court in New Delhi is so much behind in its work that it could take up to 466 years to clear the enormous backlog, the court chief justice said in a damning report that illustrates the tardy state of India's judicial system. In global ranking, Indian Judiciary ranks 74th and therefore there are 73 countries which have better judicial systems. We are not interested to study and implement the better practices in those countries. The CJI Mr Lodha on 10.07.14 stated that the Indian Judiciary is terribly overloaded and disposal has virtually become uncontrolled. He informed that recently he had discussions with CJs of Supreme Courts of 12 countries. They do not have so much hearings as in India. Some of them, in an year, hear only 150 cases. Many CJs were surprised to hear that the Indian Supreme Court hears 800 to 900 cases from Monday to Friday every week. Mr. Lodha has invited suggestions from the Senior Advocates.

Functioning of our entire democracy is suffering due to poor working of our judiciary. There is no proper management approach. Introduction of modern technology is very slow. One single suggestion which will greatly improve the Indian Courts is by introducing video recording of court proceedings. Legally also it is highly essential. In USA, the oral arguments are recorded since 1935. At present all the court proceedings there are video recorded. The said video record is uploaded on the court web site on the same day. The said video record is transcribed and transcription appears on the court web site on the same day. When we have proceedings, pleadings, documents, oral evidence and court orders in the court records, there is no actual record of the oral arguments. Hence as per law of evidence, there should be video record of oral arguments. When there is real time telecast of parliament and when the court is ordering video recording of evidence of prisoners and when video cameras are being increasingly used in traffic management, in shops, police stations, security points of courts etc; why the court proceedings can not be video recorded. If there is video recording of court proceedings, the advocates will be more serious to prepare and they will not ask for adjournments so frequently. Judges will also prepare in advance and will ask only pertinent questions. Introduction of video recording in courts can be implemented immediately.

In the meantime, the Govt can take up the judicial reforms on top most priority.

We are submitting here few practical suggestions:-

Court Management in USA

The Americans did not follow the Court System created by the British but developed their own Judicial System suited for a democratic country. The concept of ‘Court Management’ was introduced in USA in 1960 when a body called ‘National Association of Court Management’ was created. Past 50 years massive work has been done and as a result the performance of Judicial System has considerably improved. They identified 10 core competencies viz (1) Purposes and Responsibilities of Courts, (2) Case Flow Management, (3) Leadership, (4) Visioning and Strategic Planning, (5) Essential Components, (6) Court Community Communication, (7) Resources, Budget and Finance, (8) Human Resources Management, (9) Education, Training and Development, (10) Information Technology Management. In each core competency they prepared standards for KSA i.e. Knowledge, Skill and Ability. Exhaustive training and development programs were prepared and implemented. All this was done under the guidance and advice of top notch experts chosen from different fields in the country. All details about history and methodology are available on internet.

Our High Court and Supreme Court Judges, Advocates and Law College Professors have visited USA several times but no worthwhile efforts have been made to induct and introduce the modern judicial management and practices developed and established in USA.

On account of ever increasing pendency of more than 3 crore cases past 64 years and verdict of a sitting High Court judge that it will take more than 320 years to clear the pendency; it is proved beyond doubt that the existing approach of the present setup of the advocates, judges and their associate bodies like the Bar Council of India etc. can not accomplish better than the existing sorry state of affairs.

The only hope is out of the public initiatives to force the Govt first to enhance the budget from less than 1% to atleast 5%. After enhancement of budget, public bodies as in US and UK are to be created and they should monitor and guide the implementation as is being done in those countries. It is needless to mention that the judges are heavily overloaded and hence the advocates also in turn get heavily overloaded. The briefs are not read and studied thoroughly and orders do not deal with all the points in the brief or pressed during the arguments. Hence as a result the orders being defective or incomplete result in avoidable reviews and appeals and thus creating further load on already heavily overloaded system. Unfortunately the review and appeal courts are also heavily overloaded and hence getting speedy and cheap justice is a remotest possibility in the present system. Such heavily overloaded system becomes a easy ground for rampant corruption in the staff and even judges. The advocates also being under pressure of such overloaded system can not spare time for their clients leave alone self study and legal research.

The American Bar Association has undertaken massive plan for public education by making the following statement:-

“As members of the legal profession, we serve as the guardians and caretakers of the American Justice System. Our responsibilities include improving public understanding of the Justice System and sustaining public confidence in it.” They have resolved “that the American Bar Association encourages every lawyer to consider it part of his or her fundamental professional responsibility to further the public’s understanding of and confidence in the rule of law and the American system of Justice.”

Bar Council of India has no such approach towards public.

In USA, the Judges are addressed as Mr. Justice so and so, Mr. Chief Justice so and so. In documents and records also they are addressed like this. No where words like ‘My Lord’ or ‘Your Lordship’ are used. But in our country still we are continuing the old British Addressing like ‘Hon’ble Justice’, ‘My Lord’, ‘Your Lordship’ Thus in Indian Judiciary, we have still not become a free nation. In USA and UK, the Judges are living in flats but in our country they have large mansions with sprawling lawns in very costly localities.

Looking to the above sorry state of affairs, in a modest way we have created a body ‘Legal Forum of India’ which is active (past six years) in the arena of Judicial Management, We have spearheaded Technology and Reforms in DRTs (Debts Recovery Tribunals) apart from educating the borrowers and guarantors vide details in our web site www.drtsolutions.com (active since 2000) We have held two All India Conferences in May 2008 and Jan 2011 which were attended to by the litigants, advocates, chartered accounts, business men, industrialists etc. All proceedings were video recorded and are available in form of DVDs. The said DVDs were indexed by a Digital Clock perhaps for the first time in the country. We have been publishing ‘Weekly Mails’ past six years every Friday. All the said weekly mails are available on our web site vide link http://www.drtsolutions.com/weekly-news.htm These mails deal with practical solutions to the management and technological problems in DRTs. We intend to implement better management and technology in DRTs and the models thus developed will be available for implementation in other tribunals and civil courts.

We have also recently submitted 6 posts in the 'Transform India with Modi', part of Local Circles' Sub-section 'Legal and Judicial Reforms' vide details on our web site Transform India with Modi-DRT Solutions Suggestions .

We now highlight the most important aspects for immediate implementation in the court rooms as under.

Recording of Oral Arguments

All the oral arguments in the courts in USA are transcripted since 1935. Such transcripts are part of court records. The said transcripts are available to public on the same day.

Subsequently audio of all oral arguments are available since 1953. Such audio recordings are part of court records. The said audio recordings are available to public on the same day. The transcript, audio and video recordings are published on the internet on the same day.

It is reiterated that our High Court and Supreme Court Judges and law college professors have visited USA several times but no worthwhile efforts have been made to induct and introduce the transcripting, audio recording and video recording of the oral arguments.

It is needless to mention that recording of the Oral Arguments is a vital document in the adjudication process. The existing system of written arguments is not the true record of the oral arguments. Hence the system of transcripting oral arguments as prevalent in USA since 1935 and audio recording as prevalent in USA since 1953 need to be implemented immediately in the Indian court rooms without further delay. We welcome earliest possible introduction in DRTs.

With the above records of the oral arguments, the court orders will be much more accurate and hence there will be lesser review and lesser appeals. Thus unnecessary pendency on this count will reduce. Ultimately there will be much better attainment of Justice for which the courts exist. Finally there will be more satisfaction to the consumers i.e. litigants due to Justice, lesser time and lesser costs of the judicial process.

Interim Measure till Commencement of Recording of Oral Arguments

Before commencement of Oral Arguments, the arguing advocate should submit the points which he will be pressing during the arguments. As per the law declared by the SC in the matter of Mohd Akram Ansari vs Chief Election Officer vide citation 2008(2) SCC 95 all those points pressed during the arguments must be dealt with by the Judge in his order. If any of those points are missed in the order, the said advocate is entitled to submit an application to include the said point. With such approach, the quality of orders will definitely improve and hence there will be overall improvement

E-filing in High Courts and Tribunals

The system of e-filing in the Supreme Court has started. We made the first e-filing (from MP) of PIL in the Supreme Court on 05.11.10 vide Diary no 31960/2010 in the matter of Satya Pal Anand, Dharmdas & Ram Kishan vs Chief Justice S. H. Kapadia and others relating to investigation into corruption charges levelled against 6 chief justices of India. It was hailed by the print and electronic media on 07.11.10. All the defects have been removed and case was listed. Reminders were sent through e-mails. We intend to request the Supreme Court to conduct the oral arguments through Video Conferencing as well as to make Video Record of the said arguments.

The similar system needs to be introduced in the High Courts and the Tribunals without further delay. In fact we have filed a PIL in M.P. High Court at Jabalpur on 14.02.10 to introduce e-filing in the High Courts vide PIL by Satya Pal Anand and Ram Kishan vs Registrar General MP High Court. Mr. Satya Pal Anand, 84 years, famous PIL Crusader from Indore has been kind enough to learn modern computer technology from the author of this article and was the Chief Guest in the All India DRT Conference held on 8^th Jan 2011 at Indore. His thought provoking address is available in the DVD No 021 of the said Conference. Mr. Sudhir Bindal and Mr. R.K. Tekriwal of Indore have gifted a ‘Tablet PC’ to ‘Anand Trust’ of Mr. Satya Pal Anand with the hope that he will use the same in his office and the court room.

At present the e-filing system in the Supreme Court is limited to the Petitioner-in-Person and the Advocates on Record. It needs to be extended to all the advocates.

The system of e-filing avoids unnecessary travelling of advocates or their representatives. Further it saves papers as well as their physical movements. Since it works on round the clock including holidays, the efficiency of the system as a whole will improve. All these will considerably save the time and costs of the litigants.

Arguments by Video Conferencing

The Information Commissioner under RTI Act in Delhi, in 95% of the cases, is carrying out ‘Arguments by Video Conferencing’ particularly for the litigants from far off places like Kerala and Assam vide news item published in Economic Times, Mumbai dated 19.12.10. The litigant has to walk down to the nearest Collector’s Office where all the facility for video conferencing are available and carry out the arguments through Video Conferencing with the said Court in Delhi. This saves lot of time and costs of the litigants.

When the above Court in Delhi can carry out such process of oral arguments by Video Conferencing, the Supreme Court can also adopt the same system immediately particularly for the litigants from far off places.

Similarly in the Tribunals like DRTs and DRAT which cover many states, the same above method of arguments can be adopted immediately.

Video Arguments by the Advocates

Such ‘Video Arguments’ are being prepared and presented in USA for past several years. The Author of this Article has indigenously developed a method of ‘Video Arguments’ for the first time in the country and demonstrated the same before the District Judge Indore on 10.07.07 when the said DJ appreciated the same. This method was shown to many Retired Judges and Senior Advocates who also appreciated the same and desired immediate implementation. The proposal was sent to the Supreme Court and High Court where it is still under considerations. The Author has demonstrated the same in All India DRT Conference in May 2008, All India CAs Conference held in Indore in Feb 2009 as well as in All India DRT Conference in Jan 2011. The arguments is prepared on a PowerPoint Presentation which shows all the documents, records, judgments etc with narration. It is recorded on a CD and submitted to the court with copy to the opposite party. There are numerous advantages of such method. It saves time of the court as well as the advocates. It improves the quality of the judgments as the Judge need not note down or remember anything. This will be available even if the Judge is transferred as well as to the appellate and higher courts.

Court to Publish All the Case Materials on their Web Sites

In USA, all the documents, brief, transcript of the oral argument, audio and video records of the oral argument and the court orders are published on the web site of the courts. This will greatly help the litigants particularly from far off places by conserving their time and costs and thus will help in speedier and cheaper justice as envisaged in our constitution.

Permission for Video Recording on Mobile of All Discussions with Public Servants

Corruption has become the most important issue for our country. Oral Verdicts and Black Money are the sole causes. Public needs to be legally authorised to make video record of all the discussions with the Public Servants like politicians, bureaucrats, police as well as businessmen and industrialists. There are now 80 crores of mobile phones and many of them have got video cameras. With the legal authorisation of video recording, there will be more transparency, responsibility and accountability. When one is required to have written record, why video record should not be insisted upon along with the written record.

Implementation of Above has become Easy & Affordable

Our country has sufficient manpower and world class expertise in modern IT Technologies. The costs of hardware and software has also come down considerably. Similar systems are now being used by the many departments of the State Governments. Hence implementation has become easy and affordable. Whenever we get time, we illustrate use of modern technology and management to the Advocates, Judges, Law College Professors, PIL crusaders, Litigants, Chartered Accountants, Doctors etc. For important personalities, we have even paid several visits not only to illustrate but to train them in using modern technology. We have even shown them how to e-file the petitions in the Supreme Court. We have also illustrated use of ‘Tablet PC’ in the court room. The Tablet PC is a powerful device which replaces laptops and mobile and is so handy that it can be easily carried in hand. The author is using this device at home during walking to study written records, documents, news paper extracts, court judgments etc. He carries the same during discussions with advocates, retired judges, law college professors, legal luminaries as well as the litigants particularly in DRTs.

Recently Dr. N.S. Poonia, Editor ‘Lost Justice’ from Indore became interested in application of modern technology in court room. We had few sessions of interactions. We have devoted a page to Dr. Poonia on our web site vide link http://www.drtsolutions.com/Lost%20Justice.htm titled ‘Lost Just’ Unique Law Journal by Dr. Poonia’

The 'National Policy and Action Plan for Implementation of Information and Communication Technology in the Indian Judiciary' prepared by the E-committee of the Supreme Court of India in 2005 deals with various similar proposals made by us. The Chief Justice of Supreme Court of India is holding annual meetings with the Chief Justices of all the High Courts but the results are very slow and insignificant. Mere publication of cause lists on the internet on the web sites of the courts and e-filing in the Supreme Court (that too is not working properly) is a very small fraction of the proposals in the said Policy and Action Plan.

Conclusion & Proposal for Plan of Action for Implementation

In USA all suits (howsoever complex they are) are decided within 9 months whereas in our country we may take decades. That is why Justice Krishna Iyer has said that we are 200 years behind. On account of most inefficient and tardy judiciary in our country, the corruption and law breaking has become rampant from the highest level to lowest level as no body is afraid of wrong doings. More than 70% litigations are pertaining to the Govt departments or agencies. They fight even on petty issues upto the Supreme Court. Hence on account of various factors narrated in this article, the pendency has become more than 3 crore cases for which one of the sitting High Court Judge has said that it will take more than 320 years to clear.

The fundamental mistake in the said ' National Policy and Action Plan for Implementation of Information and Communication Technology in the Indian Judiciary' is that it is not possible for the heavily loaded judicial system to reform and upgrade itself and that too with a meager budget less than 1%. Until and unless, as in USA and UK, high power public bodies having experts from all fields is constituted and entrusted with evolution and implementation of judicial reforms, we will continue with the existing shoddy state of affairs of ever increasing pendency without any effective solution. The PIL Crusaders should accord maximum priority to enhance the said budget as well as formation of the said public body.

We through our web site www.drtsolutions.com (in existence since 2000) and body like ‘Legal Forum of India’ (working since 2008) have taken up a social activity to implement modern management and technology in DRTs in a modest way. Our two bi-annual conferences in May ;08 and Jan ’11 at Indore were attended to by people from all over the country. The DVDs of both the Conferences are in great demand. Similarly our weekly mails published on Fridays past six years are viewed with great interest. We shall continue to make efforts with our limited resources through the said web site, weekly mails and bi-annual conferences under the banner of ‘Legal Forum of India’ We are ready to spread the practical aspects of management and technology to the interested persons. We welcome suggestions through e-mail ramkishandrt@gmail.com and or mobile phone 09691103689.

We are hopeful that the recent IT and Social Media initiatives taken by the BJP under the leadership of Shri Narendra Modi. Prime Minister will definitely reform the Indian Judiciary suffering so long due to absence of requisite political will.

DRT Legal Solutions

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(2) We have created a separate web site www.usindolegal.com which deals exclusively with our US joint venture enterprise for activities like BPO, legal BPO, DRT etc. This site has started appearing in the search results of Google, Mamma, Alexa and Yahoo.

Application of Law of Torts in claiming Damages from Municipal Corporations for demolition of structures, closure of shops etc:- In many parts of the country, the Municipal Corporations are demolishing structures like shops and houses which existed for number of years. The shops existing for number of years are proposed to be shut down. The affected persons should claim Damages under the Law of Torts, which would be substantial. It is learnt that in Delhi itself about 5 lac shops are to be closed down and about 25 lac persons would be out of jobs. All these persons should file damage suits in the civil court. Since the damages would be substantial, the suits may be filed as Indigent Persons. Since the damages would attract interest, the usual delay by the civil courts will not affect the final outcome. The affected shop owners may discuss the details with us on phone.

Our Articles for Borrowers and Guarantors:- Our articles on DRT matters have been published in the Financial Express. The All India Manufacturers Organisation in its famous web site www.aimoindia.org has reproduced copies of our four articles. These original articles can be searched in the archive of the Financial Express in its web site www.financialexpress.com Two of these articles have been reproduced in other pages of this web site.

Useful link www.WorldVideoBusiness.com :- WorldVideoBusiness-WVB® is a business to business e-marketplace source of international trade leads, and tender opportunities from companies and government organizations around the globe.

About Us in Brief :- (1) We specialize in DRT (Debt Recovery Tribunal) and NCLT (National Company Law Tribunal) matters. As a whole you may approach us for all DRT Problems and Solutions as well as matters connected with ARCIL i.e. Asset Reconstruction Company (India) Limited, We have a Joint Venture with an America based law firm for various activities like BPO, legal BPO and DRT. The details of the said American firm and the joint venture may be seen at the page - Our US Joint Venture with Anand Ahuja Associates or in www.usindolegal.com (2) For your all problems including those in DRT, please phone us or send e-mail. Please give your contact details along with your problems in brief. As a whole you may approach us for all DRT Problems and Solutions. (2) With our Legal Opinion, you need not worry about the Securitisation Act or other DRT matters or NCLT. Please visit the page Products & Services and Frequently Asked Questions (3) On account of our expertise in the Law of Torts and Banking and experience past 15 years, we can help you to submit suitable defence with winning strategy in DRT cases, Securitisation Act, Guarantors' defence etc. (4) We need only copies of all available documents to render our expert 'Legal Opinion' which will be quite useful and valuable to you particularly in DRT i.e. Debt recovery Tribunal. (5) We have also handled assignments for preparation of damage claims against Electricity Boards, Insurance Companies, Municipal Corporations etc. all on the basis of the Law of Torts. (6) The DRT counterclaims is to be prepared well in advance so that it could be raised at proper time in DRT or other forum to safeguard the securities and assets. (7) Several DRT counterclaims drafted by us are being handled by different advocates at DRT Mumbai, DRT Delhi, DRT Jabalpur etc. Thus DRT advocates are available in these cities. Cases in other Debt Recovery Tribunals are under process. (8) This site is updated monthly mostly on every first Monday of the month or for urgent release on any day with latest material. (9) For further details about us, please visit the page About Us-DRT Solutions As a whole you may approach us for all DRT Problems and Solutions. We hail from the place to which Maharishi Mahesh Yogi and Acharya Rajnish belong and hence this site is dedicated to them.

Our this web site is dedicated to Yoga Rishi Baba Ramdev Ji Maharaj:- Our this web site is respectfully dedicated to Yoga Rishi Baba Ramdev Ji Maharaj whose method of Pranayam has cured even incurable diseases and thus has revolutionized modern medical science. For further details please visit our special page by clicking here Baba Ramdev Ji Maharaj, Yoga Guru, Cure for All Diseases, Medical Science Revolution

Site also dedicated to:- (1) Swami Ramdevji, Acharya Balkishan and their Guru Pradumn Maharaj.

(2) H.H. Maharishi Mahesh Yogi and Acharya Rajnish, the greatest gurus of all time www.maharishi.com, www.osho.com

(3) Shri Hira Ratan Manek (HRM) for his pioneering work on Solar healing vide his web site www.solarhealing.com and forum at www.lifemysteries.com

We regularly practice TM and SCI of Maharishi Mahesh Yogi. We also regularly practice Hath Yoga including Pranayam based on Baba Ramdev Ji Maharaj. We daily watch his global TV program on Astha Channel from 05:30 AM to 8AM and 8PM to 9PM Indian Standards Time. On Sanskar channel, we daily view the discourse of Pradumn Maharaj from 4 AM to 5:30 AM. Many chronic diseases such as Cancer, Parkinsons' disease, Polio, Asthma, Hypertension, diabetes etc. have been cured by the said method of Pranayam which can be learnt even by watching his program on TV. Since 30th March '06, we have started practicing Sun Gazing as prescribed by HRM.

(3) Shri Satyanarayan Morya alias 'Babaji' for his praiseworthy service to our nation. Please visit his site www.artistbaba.com

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