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SC asks J&K, other states to implement ADR mechanism
12/5/2008 10:48:34 PM
AGENCIES
New Delhi, Dec 5: Peeved at the indifference towards implementation of the path-breaking alternative dispute redressal (ADR) mechanism okayed by it and the Centre, the Supreme Court on Thursday gave a deadline to the non-compliant states to either enforce it or face judicial music.
On the red list are Delhi, Tamil Nadu, Kerala, Gujarat, Jammu and Kashmir, Chhattishgarh, Jharkhand, Puducherry and Chandigarh, which have not bothered to tell the court about the status of implementation of the apex court's August 2, 2005 judgment green lighting the ADR mechanism suggested by a committee headed by then Law Commission chairperson Justice Jagannadha Rao. The court had on August 20 last year asked all states and Union Territories to file status reports on the implementation, but some are yet to comply with it.
And if these states and UTs do not file the status report on opening of fully functional mediation and conciliation centres by January 13, then their chief secretaries would have to appear personally before the Supreme Court.
Also in the line of fire are the high courts of Madras, Jammu and Kashmir and Himachal Pradesh, the Registrar Generals of which have been asked to appear before the apex court on January 13 if necessary amendments to their rules have not yet been effected to facilitate implementation of the ADR mechanism.
Expressing anguish over the long delay in implementing the measures aimed at reducing litigational cost and time and in turn taking the burden off the courts, a Bench comprising Justices B N Agrawal and G S Singhvi said the top bureaucrats appears to have no time for these suggestions.
"Nobody has time to go through the apex court's order. That is the problem with this country," said the Bench after hearing amicus curiae C S Vaidyanathan and K V Vishwanathan.
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