Staff Reporter :
The Chief Justice (CJ) Surendra Kumar Sinha on Tuesday said in a statement that some historical decisions of the Judiciary during the crisis moments of the country were delightful. With this, the Judiciary is playing important role to consolidate the democracy in the country.
The CJ also said that the Judiciary did not interfere in the State’s two other organs’ internal matter crossing its limit. So we hope, the other organs would not interfere in the Judiciary. Every organ should act according to the Constitution of the country.
The statement has been issued on the Supreme Court website on Tuesday to mark the second anniversary of taking over charge of the Chief Justice by Justice Surendra Kumar Sinha. He took the responsibility on January 17 in 2015 as the 21st Chief Justice of the country.
The CJ said that an offender cannot get impunity for his offence. Some RAB officers committed crimes of killing seven persons with the attitude of getting impunity, which shocked the entire nation. The Supreme Court interfered in the matter and secured speedy trial. The confidence of the people in the Judiciary increased with the quickest disposal of the sensational case.
He said that opacity of conventional law was the main reason for backlog of cases. The number of cases is increasing due to faulty and outdated laws. The lower courts or the High Court, both are stricken with the weight of cases, he said.
In the statement, the Chief Justice said also, continuous reform of laws is essential for speedy trial. At this point, ‘The Code of Civil Procedure, 1908’, ‘The Code of Criminal Procedure, 1998’, ‘The Evidence Act, 1872’, ‘The Transfer of Property Act, 1882’, ‘The Negotiable Instruments Act, 1881’ are outdated as those are more than a hundred years old laws. He said in the statement that ‘Land Survey Tribunal’, ‘State Acquisition and Tenancy Act, 1950’, ‘Women and Children Repression Prevention Act, 2000’, ‘Anti-Corruption Commission Act, 2004’, and ‘Money Loan Court Act, 2003’ are faulty. The number of cases is rising day by day due to weakness of those laws.
The statement said that officials of the every department of every organ of the state have separate service rules. The nature of work of the lower court judges is fully different from the others. Independent trial proceedings by the lower court judges may be disrupted if there is any opportunity of interference by the executive to discipline judges. This is why we hope the government will publish a Gazette Notification on the rules determining the guidelines of lower court judges as soon as possible though they have disagreements. The CJ said that role of media is like the clear light of the day to eradicate the inconsistencies from the society and building a society. Journalists can play an important role to ensure the independence of the Judiciary. So good relations between the Judiciary and the media is essential.
