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Sectoral Workshops - Law & Justice


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PROCEEDINGS

Objective of the Workshop

The objective of the Sectoral Workshop was to bring together the various representatives from the field of Law and Justice Sector and have them deliberate on the key sectoral challenges, the possible solutions and what could be the key sectoral Vision for 2025.  

Time & Date          :  10:30 – 16:35 Hours, 28nd September, 2017    
Venue                    :  JW Marriot, Bangalore
Mode of Meeting  :  Focused
Anchored By        :  National Law School

KEY HIGHLIGHTS

Issues

  • Marginalised section of society face delay in justice, excessive expenses, lack of support from the government and legal aid. These people end up spending more money in fighting the cases.
  • Subordinate courts are backbone of the department and justice delivery system needs to improve at all levels
  • Karnataka has close to 16.35 lakh cases pending at both subordinate and H.C level.
  • Judge population is 19/million as against a recommended figure of 50/million.
  • Less number of courts result in delay of justice. Only 1000 out of 1300 courts are functional, having close to 800 courts operates in rented buildings.
  • Issues such as excessive usage of paper and lack of computerization is prevalent in judicial system.
  • Data capturing and recording is overlooked and Department is not aware of the number of cases that State Government is a litigant.
  • The Government Advocates and their fees including the Notary Public information is not computerized that results in lack of transparency.
  • Courts are spending excessive funds on infrastructure, stationery, staff fees in carrying ‘less grave cases’ for a long duration
  • Lawyers seek postponement citing unreasonable issues, which results in delay of justice and non-clearance of cases.
  • Lack of legal support for the inmates has resulted in increase in number of inmates and excess spends by the govt.
  • The Court timings are not able to fit the cases, hearings and prosecutions need to be across 2 sessions.
  • Case flow manual is disregarded by the advocates and the staff.
  • Anarchy and parity is seen at a high level in the courts and specially ‘Shirastedars’ face highhandedness by the lawyers.

Recommendation

  • Number of judges should be doubled and infrastructure in courts should be improved.
  • Number of Courts including technical infrastructure should be increased and spread across the state.
  • 100% computerization of the court and its activities including the video recording of the trials/proceedings is neede.
  • Central repository of state govt related cases and private party cases to be maintained.
  • Technical upgradations to be carried out throughout jails and courts to ease the VC prosecutions.
  • Increase in remuneration should be considered for the Legal aid providers and also for the witnesses.
  • Amendment of procedural law, providing time slots to the cases and other Court Management measures must come up to speed up the process of trial.
  • Measures to monitor the investigation and forensic report timings to speed up the procedure.
  • Court anarchy, hostility between judges and lawyers need to be addressed understanding the crisis in judiciary.

DOCUMENTS FOR DOWNLOAD

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