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Raise strength of High Court judges
7/22/2011 10:51:43 PM
At one time there was a demand for raising the strength of the judges in Jammu and Kashmir High court on the plea that the rate of increase in court cases has witnessed sharp upward curve during the last 20 years.The rise has been linked with the rise of militancy related violence which has given birth to various types of crimes.Instead of raising the number of judges in the High Court the Government has shown a sort of helplessness in carrying out immediate filling of vacant posts of judges.A stage has reached when out of 14 sanctioned posts of judges there were at present only seven judges.On one hand cases continue to pile up and according to latest reports the total number of cases awaiting court judgement and disposal has touched 60,000.It means that if the Government delays filling of vacant posts the number of cases pending in the High Court may touch about 75,000 within next one to two years.
Justice delayed is justice denied.And the denial or delay in justice is the result of 50 per cent posts of judges remaining vacant.You cannot expect already overburdened judges to race through the cases in order to reduce the size of the pending cases.If such a course is adopted it may affect the judicial process forcing the people to cast aspersions on the nature of verdicts.After all Judges are human beings and it may not be possible for them to work for more than 16 hours in order to complete as many cases as possible.Judiciary is one of the four pillars of democr acy and if one of the pillars is weak or its functioning is restricted because of one reason or the other the fabric of democracy fall crumble.
During the last over five years judicial activism has given new dimensons to the relations between the executive and the judiciary.Over the years the executive has been found either involved in various ommissions and commissions or has initiated measures that have affected lives of millions of people in India.The only course left open to the aggrieved people is to knock the doors of the courts.They move the courts with the hope that they would be able to get speedy justice.A new trend has emerged in various states in India which reflects growing faith of people in the judiciary.It is the result of this faith that even the political leaders have been seen knocking the doors of various courts,including the Supreme Court.If on one hand incidence of human rights violations by the Government agencies have increased on the hand the level of crime has gone up.It is an era of rape,abductions,murders,extortion,caste conflict,industrial disputes and so on and so forth requiring judicial intervention.Hence keeping posts of judges vacant even for weeks is an attack on the independence of judiciary.There is need for increasing the strength of judges not only in the Supreme Courts and the High Courts but in the lower courts also.It is the need of the hour.After political malpractices time has come for the judiciary to act as a watchdog so that rights and liberties of people were not jeopardised.
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