Need mechanism to judge merit of cases: CJI

CHIEF JUSTICE of India J S Khehar on Wednesday said the judiciary alone should not be blamed for pendency of cases.

Speaking at a book release function at Rashtrapati Bhavan, he said sometimes it is difficult for a government department to take a call on whether to file a case or not.

“And since the stakes are high and nobody wants to take the responsibility, so decision is ordinarily taken to file it (the case). I wouldn’t at all blame the government for filing these cases,” he said in presence of President Pranab Mukherjee and Prime Minister Narendra Modi.

The CJI favoured an independent mechanism for having a second look at cases which merit to be filed. “Since the government is the largest stakeholder with us, obviously the consequences of failed litigations is largest for the government. So, nobody can grudge it for raising the claim. But it seems that we need a further look at it...

“May I make a suggestion... there could be a mechanism where some independent agency, maybe some retired judges or some professionals of eminence who you may choose at all level, whether it is the district court or the high court or the Supreme Court, to take a second call.

“And if we can just reduce ten per cent of those litigations, we will go the long way ahead. Again don’t take me wrong, it is not a matter of any criticism,” he said.

Justicekheharsaidthoughvariousreasons led to the delay in filing of appeals, the judiciary was invariably blamed for it. “When the finaldecisionistaken,ittakesfivemoremonths to file the appeal and the period of limitation is 30 days. So I don’t understand how that delay could ever be explained by anybody at all, but it ends up with us,” the CJI said.

Modi, on the other hand, said, “We have repealed 1,200 laws... We are in the process of cleaning the system so that the burden of judiciary goes down.”

“Efficient governance can lessen the burden of judiciary to a large extent. And when I say efficient governance, then I see the link from the drafting of the law to its implementing authority,” he said.

The Prime Minister appreciated Justice Khehar for his “quick decisions”.