ADARSH SEIN
ANAND
D.O. No.A.60011/17/97-NALSA
Judge
8th December 1997
Supreme Court of India
&
Executive Chairman
NATIONAL LEGAL SERVICES AUTHORITY
Dear
Our meeting on November 29, 1997 at New Delhi was quite useful inasmuch
as we were able to have proper interaction and an exchange of views in regard to the
implementation of legal aid programmes in the country. I am taking this opportunity to
address a communication to you to reiterate some of the points discussed at the said
meeting when both the Chief Justice of India and the Law Minister were also present, so
that you may direct follow up action. I would welcome your suggestions/reactions, if any,
on the issues discussed herein.
The Legal Services Authorities Act, 1987 (as amended by Act No. 59 of
1994) has provided a statutory base to Lok Adalats by adding a separate Chapter VI
therein. It has conferred wide powers on Lok Adalat Judges through Section 22 of the Act
in the matter of summoning and examining witnesses on oath, discovery and production of
documents, reception of evidence of affidavits, requisitioning of public records or
documents etc. The Awards passed by Lok Adalat judges are now deemed to be decrees of a
civil court and the court fee paid in such cases is liable to be refunded in the manner
provided under the Court Fees Act,1870. These Awards are final and binding on all the
parties to the dispute and no appeal lies to any court against these Awards. It is thus
very important that we should put these provisions in active use and try our best to hold
as many Lok Adalats as possible and include therein different categories of cases like
matrimonial disputes, bank loan matters, land acquisition cases, matters relating to
industrial disputes, landlord tenant controversies and petty criminal cases etc. The cases
between different departments of the Government, State owned corporations etc. can also be
settled through Lok Adalats. This however, would be possible if you initiate a dialogue
with the State Governments to persuade them to settle their disputes through Lok Adalats
instead of resorting to litigation which is not only expensive and additional financial
burden on the Government, but is time consuming also. In this 50th Anniversary of India's
independence, the Government of India is also very keen that programmes on Lok Adalats,
legal literacy etc. should be whole heartedly organised and as such I request you to
ensure that upto 15.8.98 maximum number of Lok Adalats are organised setting as many cases
as possible, so that the litigant public gets relief through Lok Adalats. This exercise
would render a great service to our judicial institutions also which is already reeling
under heavy backlog.
At this juncture itself, I would like to suggest that the Lok Adalats
should not now remain intermittent and occasional in character dealing with mainly Motor
Accident Claim cases. The time has now come when we should work out modalities for
establishing Permanent and continuous Lok Adalats in all the Districts. I feel that in
case separate room is ear-marked for a permanent Lok Adalat in every District Courts
complex and the State Legal Services Authority deputes some staff to receive and handle
the files, a beginning can be made. The regular court functioning in such districts then
will be in a position to refer cases to these permanent Lok Adalats in terms of section 20
of the Legal Services Authorities Act, 1987. You will appreciate that in the cases
relating to matrimonial disputes, landlord-tenant controversies, commercial disputes etc.,
one time sitting with a limited time schedule is never enough to motivate the litigants to
arrive at an amicable settlement. In such cases the Lok Adalat judges manning permanent
Lok Adalats can give repeated sittings and hearings to the litigants to resolve their
controversies and may also use the powers vested in them under section 22 of the Act. In
the beginning the Lok Adalat Judges in these Lok Adalats may have sittings once in a week
or fortnight which may be increased later on depending upon the quantum of work. The
prospective litigants may also approach these Lok Adalats before entering into litigation,
which may reduce the inflow of fresh cases in the already overburdened courts. This
strategy I feel would go a long way in institutionalising the concept of Lok Adalats and
would prove a great support to the judicial officers who have their own constraints in
making suggestions to the parties to resolve their disputes by way of conciliatory
settlements.
I would request you to initiate necessary follow up action at the
earliest. Some orientation may be given to judicial officers also to make as much use of
these Lok Adalats as possible to settle legal matters so that they may divert their court
time to more contentious and complicated matters.
With regards,
Yours sincerely,
(A.S. Anand)
All the Chief Justices of
High Courts
ADARSH SEIN
ANAND
D.O. No.F.2(1)/97-NALSA
Judge
10th December 1997
Supreme Court of India
&
Executive Chairman
NATIONAL LEGAL SERVICES AUTHORITY
Dear
The Government of India, on the occasion of the celebrations of the
50th Anniversary of the India's independence, has constituted an Advisory Group on the
theme "Law & Justice and States & Union Territories" and has proposed
extensive programmes on legal literacy and Lok Adalats etc. for the benefit of the weaker
sections of the society. One of the subjects discussed in the meeting, held in the Supreme
Court of India on 29th November, 1997, with the Chief Justices/Patrons-in-Chief of the
State Legal Services Authorities, was to launch a nationwide publicity campaign to create
public awareness in regard to legal aid programmes and Lok Adalats so that weaker sections
of the society for whom these programmes have been primarily envisaged are in a position
to reap fruits thereof.
You will agree with me that illiterate, poor and weaker sections of the
society for whom the Legal Services Authorities Act lays down so many schemes and
programmes are not yet fully aware of the facilities available to them through Legal Aid
Authorities. This segment of the people will not be in a position to utilise the services
being offered by us to them unless they are aware of the schemes, programmes as well as
the legal aid functionaries to whom they have to approach for the facilities. It is,
therefore, desirable that a countrywide publicity campaign is launched by us to apprise
the people about the legal aid schemes and create mass awareness so that the poor and
weaker sections of the society do not continue to suffer in silence.
In my opinion we should immediately make preparations for launching a
legal aid publicity campaign preferably with the beginning of the new year. This campaign
should notify the names and designations of the Patron-in-Chief, Executive Chairman,
Member Secretaries/Secretary of the State Legal Services Authorities/Boards as well as of
the secretaries of District and Taluk Legal Services Authorities, wherever the same have
been established. Complete addresses and telephone numbers, if any, of the Secretaries of
different Authorities have to be publicised, so that the eligible persons may contact them
for legal aid without any difficulty. The eligibility criteria for grant of legal aid as
well as broad outlines of legal aid facilities and programmes also need to be notified.
This campaign can be initiated through Doordarshan, AIR and daily newspapers in English,
Hindi as well as local languages. Hoardings/posters can also be put up outside the
district courts and police stations containing the aforesaid information. We may also
organise legal literacy camps in rural and remote areas through law students for
dissemination of proper information about legal aid facilities as well as basic legal
rights available to our citizens.
National Legal Services Authority is prepared to finance this publicity
campaign provided the expenditure proposed to be incurred thereon is recommended by you or
the Executive Chairman of the concerned State Legal Services Authority/Board with an
assurance that proper utilisation certificate would be submitted later on. I think this
exercise would be an appropriate tribute, in this year of 50th Anniversary of India's
independence, to those who fought for our freedom and made great sacrifices.
In case you have any other suggestions in regard to the publicity
campaign, the same may please be sent to me without any hesitation. Top priority needs to
be given to publicity campaign.
With regards,
Yours sincerely,
(A.S. Anand)
All the Chief Justices of the High Courts
ADARSH SEIN
ANAND
D.O. No.2586/NALSA/98/939-956
Judge
27th April 1997
Supreme Court of India
&
Executive Chairman
NATIONAL LEGAL SERVICES AUTHORITY
My dear
You are well aware that in terms of Section 12(g) of the Legal Services
Authorities Act, every person in custody is entitled to legal services as envisaged under
the Act. A Judicial Officer before whom a person in custody is produced is under an
obligation to inform him that in case he is unable to engage a counsel to represent him, a
counsel can be made available to him at the cost of State. This right to free legal
services is intended to ensure a fair and just trial to all those who on account of
poverty, or other disabilities are unable to engage a counsel while in custody. The
obligation of the State to provide free legal services as envisaged by Article 39A of the
Constitution does not arise only when the trial commences - it is to be available from the
time when the accused is first produced before the Magistrates.
I am informed that in some of the States including the National Capital
Territory of Delhi, a scheme has been introduced under which one advocate called
"Remand Advocate" is attached to every court of Magistrate and is under
directions to give free legal assistance to all those who are produced in custody and have
counsel to represent them because of their inability to engage one. He gives legal
assistance for opposing remand applications, securing orders for bail and moving misc.
applications as may be required. He is under an obligation to remain present in the court
assigned to him, during the remand hour and such other hours of the day as may be directed
by the court. Thereafter, when a challan is filed against the accused in custody, in the
court assigned to such Advocate, the case is entrusted to him for defence also. The
appeals or revisions arising out of such challans are also ordinarily entrusted to him.
This system goes a long way in providing effective and meaningful legal assistance to
undertrail prisoners, who feel handicapped in their defence on account of lack of
resources or other disabilities and cannot engage a counsel to defend them.
The above scheme appears to me to be quite desirable to be followed
throughout the country. I would like to be benefitted by your opinion before directing the
enforcement of such a scheme.
I would, however, like to call these layers, not Remand Advocates, but
"Legal Aid Counsel".
I believe that in case a proper network of "Legal Aid
Counsel" is established in all the States by State Legal Services Authorities and
District Legal Services Authorities , an accused in custody would not feel deprived of an
opportunity of having proper legal assistance. I would be happy to know, at an early date,
if any such scheme is in operation in your State. In case any further information with
regard to the modalities of the scheme is required, you may please ask the
Member-Secretaries of the State or District Legal Services authorities, to get in touch
with Member-Secretary, NALSA. I would also like to have your opinion to the proposed
scheme at an early date.
With regards,
Yours sincerely,
(A.S. Anand)
All the Chief Justices of the High Courts
MODEL SCHEME FOR "LEGAL AID COUNSEL" IN
ALL THE COURTS OF MAGISTRATES
According to Section 12(g) of the Legal
Services Authorities Act, 1987 (as amended in 1994) any person in custody, including
custody in a protective home or in juvenile home or in psychiatric hospital or psychiatric
nursing home, is entitled to legal services for filing or defending a case. A large number
of undertrial prisoners who are not in a position to engage lawyers for defending them,
feel handicapped in their defence and remain incarcerated for long periods. Therefore, His
Lordship Hon. Dr. Justice A.S. Anand, Judge, Supreme Court of India and Executive
Chairman, National Legal Services Authority has invited suggestions/views from all the
Chief Justices of the High Courts (Patrons-in-Chief of State Legal Services Authorities)
on a scheme for legal aid and assistance to the prisoners in custody. His Lordship has
pointed out that Legal Aid counsel may be attached to all the Courts of Magistrates in the
country who should give legal assistance to the persons in custody, for opposing remand
applications, securing orders for bail and moving miscellaneous applications as may be
required. According to His Lordship, Legal Aid Counsel should be under an obligation to
remain present in the court assigned to him during the remand hour and such other hours as
may be directed by the court. Thereafter when a challan is filed against the accused in
custody in the court assigned to such advocate, the case should be entrusted to him for
defence also. The appeals or revisions arising out of such challans should also be
ordinarily entrusted to him. His Lordship is of the view that this system can go a long
way in providing effective and meaningful legal assistance to undertrial prisoners, who
feel handicapped in their defence on account of lack of resources or other disabilities
and cannot engage a counsel to defend them. His Lordship has desired that this scheme be
followed throughout the country.
2. The scheme lays emphasis for legal aid and assistance to the persons
in custody at the following three stages:
(a) when in custody during investigation of the cases and need legal assistance for
getting released on bail and opposing remand applications;
(b) legal assistance during trial for defence; and
(c) legal assistance for preferring appeals or revisions in case of adverse orders.
3. In terms of the directions issued by His Lordship, a model scheme has
been formulated which may be adopted by the States with suitable modifications as required
under the prevailing circumstances and needs of the respective states as under:
(i) The first step should be to identify all the courts of Magistrates in each District
for attaching Legal Aid Counsel. In case the work load in a particular court or courts is
too little, one Legal aid Counsel may be attached to two courts even.
(ii) State Legal Services Authority or District Legal Services Authority to which the
implementation of the scheme is entrusted, may prepare a panel of Legal Aid Counsel
preferably with a minimum standing of five years on criminal side. The advocates from this
panel may be attached to the Courts of Magistrates and may be called "Legal Aid
Counsel".
(iii) The remuneration and fee to be paid to Legal Aid Counsel may be determined by State
Legal Services Authority or District Legal Services Authority, as the case may be. The
remuneration/fee may be fixed under the following counts:
(a) for attending the court during remand hour every day (the remuneration for attending
the court during remand hour may be fixed at Rs.500 per month or more depending upon the
work load);
(b) fee schedule for acting as defence counsel for aided persons may be drawn. It may be
on the basis of effective hearings in warrant as well as summon trial cases with a ceiling
of maximum fee;
(c) fixed fee with incidental expenditure for filing and contesting an appeal or revision.
The appeals and revisions may be permitted to be filed with the approval of the Member
Secretary of the State Legal Services Authority or Secretary, District Legal Services
Authority, as the case may be.
(All payments to Legal Aid Counsel may be made after obtaining certificates from the
concerned Judicial Officers regarding attendance of the Counsel at the time of remand or
conduct of trial/appeal/revision).
(iv) Name and address of the Legal Aid Counsel may be displayed outside the Court to which
he is attached with requisite information as to who are eligible persons under the Legal
Services Authorities Act and no payment is required to be made by them to Legal Aid
Counsel (in case of any complaint against a Legal Aid Counsel regarding demand of fee or
any other charges from an aided person, prompt action by way of removal of his name from
the panel may be taken).
(v) The scheme of Legal Aid Counsel may be given wide publicity in the State. Hoardings in
the police stations and jails may be affixed.
(vi) The scheme can be more effectively implemented if printed proformae of appointment
letters to be issued to Legal Aid Counsel, are handed over to the Courts of Magistrates
with a request to issue the same in favour of the Legal Aid Counsel who takes over the
defence of any person in custody being produced before the Court. On the basis of this
appointment letter Legal Aid functionaries to issue, required order allocating that case
to Legal Aid Counsel to facilitate settlement of bills.
(vii) To ensure that the Legal Aid Counsel remains present in the court during remand hour
or any other hour of the day as directed by the Court, Legal Aid functionaries may insist
for an attendance certificate issued by the court to the Legal Aid Counsel before making
him payment for remand hour.
(viii) Certificates of merit/awards may be given to those Legal Aid Counsel whose
performance is found to be outstanding.
ADARSH SEIN ANAND
D.O. No.2(1)/98-NALSA/1388-1404
Judge
23rd June 1997
Supreme Court of India
&
Executive Chairman
NATIONAL LEGAL SERVICES AUTHORITY
Dear
We have kept legal literacy, legal awareness and publicity to legal aid facilities high on
the agenda of NALSA inasmuch as poor, downtrodden and backward sections of the society
cannot reap benefits of their legal rights without proper knowledge thereof. The gap
between legal rights, benefits and privileges guaranteed by social welfare legislations,
enactments as well as administrative programmes/measures and a meaningful exploitation
thereof still remains as wide as illiteracy, poverty and ignorance stand between the poor
consumers of justice and justice delivery institutions. In my opinion the NGOs and social
action groups can help us a lot in bridging this gap because these voluntary bodies work
amongst those very segments of society which require our support in their pursuit of
justice. The voluntary organisations can disseminate legal awareness, legal literacy and
legal aid information to the masses in far flung, including tribal and backward areas and
can be trained as para legals also to support aided persons in their pursuit of justice.
I feel that NALSA should now take concrete steps to establish a nation
wide network of voluntary agencies for spreading legal literacy, legal awareness and
publicity for legal services. State legal services authorities are in a better position to
identify and select genuine NGOs and social action groups which are willing and well
equipped to support us. The SLSAs can monitor and supervise the programmes entrusted to
these voluntary organisations and grants in aid to such groups can be sanctioned upon the
recommendations of the SLSAs.
May I, therefore, request you to initiate steps to identify and contact such voluntary
agencies and social action groups and send a list thereof to NALSA. The applications for
grants in aid from such groups be also forwarded to NALSA. It is, however, made clear that
selection alone would not entitle any NGO to claim grant in aid from NALSA as a matter of
right because the grants are sanctioned after proper scrutiny of the merits of the project
proposals. In my view one NGO/social action group can be given accreditation for every
district in a State which should work under direct supervision of the District Judge who
is Ex-officio Chairman of District Legal Services Authority also. This strategy would
ensure a meaningful implementation of the projects supported by NALSA.
I have already asked Member Secretary, NALSA to send proforma of Accreditation and
application forms to all the State Legal Services Authorities in the country, which may be
used for giving accreditation and recommending the requests for grants-in-aid by voluntary
agencies.
With regards,
Yours sincerely,
(A.S. Anand)
All the Chief Justices of High Courts
S.P. BHARUCHA
D.O. No.6(7)/98-NALSA
Judge
30th October 1998
Supreme Court of India
&
Executive Chairman
NATIONAL LEGAL SERVICES AUTHORITY
Dear
An advocate from Chandigarh had addressed a letter to my predecessor in
NALSA pointing out the difficulties experienced by advocates while seeking interviews with
the detenues lodged in jails. He complained that the jail officials were not allowing
advocates to meet detenues without powers of attorney in their favour; also, the behaviour
of the jails officials was not courteous towards advocates. He requested that visiting
hours for advocates should be more and proper arrangements should be made in jails for
interviews between detenues and advocates.
The matter was taken up by NALSA with the jails authorities in Delhi,
who have now agreed that the production of a power of attorney before allowing an
interview would not be insisted upon and a meeting would be permitted provided the detenue
agreed to the interview and, in token, signed a power of attorney in favour of the
advocate.
We all know that every prisoner lodged in jails has an unquestionable
right to meet his lawyer. Any unreasonable restriction on this right must go. A detenue
should have sufficient time for a meaningful interview with his advocate and there should
be proper arrangements in every jail in this behalf. An advocate, being an officer of the
court, is entitled to due courtesy and cooperation from jail officials. All State Legal
Services Authorities are under an obligation to protect this valuable legal right of the
persons in custody.
I am, therefore, to request you to take such steps as are necessary to
ensure that in your state proper arrangements for interviews between detenues and their
advocates are made in every jail.
With regards,
Yours sincerely,
(S.P. Bharucha)
To
All the Chief Justices of the
High Courts in their capacity
As Patrons-in-Chief of the
State Legal Services Authorities
S.P. BHARUCHA
D.O. No.6(17)/98-NALSA/3465
Judge
21st December 1998
Supreme Court of India
&
Executive Chairman
NATIONAL LEGAL SERVICES AUTHORITY
Dear
I hope you will agree with me that a large number of consumers of
justice in our country feel handicapped in the pursuit of justice on account of poverty,
illiteracy, social backwardness, or other disabilities. These faceless millions are not
even aware of their basic legal rights and continue to suffer private and state excess in
silence. Although our justice delivery institutions do not discriminate between rich and
poor, high and low and make every endeavour to dispense even handed justice to all yet the
disadvantageous sections have not so far been able to muster courage and confidence to
come forward and claim their legal rights in a big way.
No amount of legislation, legal aid programmes or legal services
network can achieve the goals set out under Article 39A of the Constitution of India
unless the judiciary as a whole is involved in legal aid programmes and every judicial
officer in the country helps to instill in the minds of poor and weak the confidence that
our administration of justice is committed to ensure even-handed justice for all.
I feel that judicial officers belonging to the District Judiciary who
directly deal with many poor litigants should be properly motivated and sensitized to take
care of those who appear to be handicapped or at a disadvantageous position in legal
battles. Legal services functionaries cannot reach and support every sufferer of
injustice, but judicial officers who are face to face with members of this section of the
society can do a lot by guiding them to avail of legal aid facilities.
May I, therefore, request you to introduce orientation courses for all
judicial officers in the District judiciary to apprise them of the legal services schemes
and programmes as well as the legal aid network so that they can convey the message of the
availability of legal aid to the masses. A properly sensitized District Judiciary can
bring a revolution not only in legal services programmes but in the administration of
justice in the country and transform the constitutional dream of equality before law into
a reality.
With regards,
Yours sincerely,
(S.P. Bharucha)
To
All the Chief Justices of the
High Courts in their capacity
as Patrons-in-Chief of the
State Legal Services Authorities
Adarsh Sein Anand
Chief Justice of India
December 22, 1998
Dear Chief Justice,
On my assumption of the office of the Chief Justice of India. I
received a stream of not only congratulatory messages from my friends and well wishers but
also a number of letters from our countrymen who while expressing their deep faith in our
justice delivery institutions, have rightly complained about 'laws delay'.
I firmly believe that our judicial system has withstood well the test
of time and has succeeded in safeguarding the Rule of Law. Even the worst critics of our
judicial system have not been able to suggest any alternative which may be better and
workable in our country. The main criticism against our administration of justice is on
account of delay in the disposal of matters at almost all levels of the hierarchy. We have
succeeded to a great extent in reducing the backlog in the Supreme Court but the majority
of the consumers of justice go to the district judiciary or to the High Courts only as
such it is high time that we all concertedly advert to the problems of pendency at
District Courts level and try to identify the causes and consider possible solutions. This
cross cannot be permitted to continue to hand on judicial neck.
In my opinion, the blame for pendency to a great extent, is
attributable to non-filling up of the vacancies in time resulting in courts lying vacant
for long. It frustrates the litigants who eagerly await adjudication of their matters. I
would like to extend my full support for tackling this problem as such, I request you to
let me know the vacancy position in District Courts in your State as on 31st of December,
1998 , with the reasons for non-filling up the vacancies you may also indicate the number
of vacancies in High Court and the period since which these have not been filled up. Apart
from taking steps to fill up the vacancies in the District Judiciary, you may also
initiate the process for filling up the vacancies in the High Court also. We should all
pool our efforts to ensure that vacancies are filled up as early as possible so that the
system gets additional hands to meet the challenge of pendency and delay in disposal of
cases.
We should take every possible step for early disposal of old cases so
that the agony of the litigants is brought to an end. I would like to suggest that to
begin with, the lists of all matters pending in District Courts, which are more than seven
years old as on 31.12.98 may be got prepared and the judicial officers directed to dispose
of those cases as far as possible by the end of 1999. As an incentive, the officers may be
given extra disposal units for deciding these old matters and may be categorically
informed that those matters which remain pending at the end of 1999, should be taken up on
day to day basis, conveying unequivocally to the parties that such old matters cannot be
allowed to remain pending indefinitely and bring disrepute to the Courts. No party to the
litigation can be permitted to have any vested right in slow motion justice. After this
exercise, cases which are more than five years old at the end of December, 1999, can be
taken up for a similar exercise. If properly monitored, I am sure, this exercise can
produce the desired results. Let 1999 be an "YEAR OF ACTION" towards disposal of
old cases.
I shall be looking forward to your response and suggestions, if any.
With regards and best wishes for the New Year.
Yours sincerely,
(A.S. Anand)
To
All the Chief Justices of the High Courts
Adarsh Sein Anand
Chief Justice of India
April 22, 1999
Dear Chief Justice,
You may recall that after my assumption of the office of the Chief
Justice of India, through my letter of 22nd December, 1998 addressed to all the Chief
Justices, I had requested for initiation of steps for early disposal of old matters,
particularly those matters which were more than 7 years old as on 31st December, 1998. I
had suggested that let the year 1999 be an 'YEAR OF ACTION' towards disposal of old
matters.
In continuation of my above-referred letter, I would like to invite
your attention towards the matters pending in various courts in which older persons are
involved, more particularly those who are above the age of 65 years, who constitute almost
7% of the population of this country.
'1999' is being observed as the 'International Year of Older Persons'.
The National Policy for Older Persons has recently been adopted by the Government of India
since India has one of the largest population of older persons in the world. At present,
large number of older persons are passing through an era of difficulties and hardships
because the family, which used to traditionally look after them, is no longer being able
to do so. In India, there is a high incidence of litigation concerning property and
inheritance, two of the most common issues in which elderly persons are generally involved
apart from landlord tenant disputes. Besides property and inheritance matters, service
matters, such as pension and retiral benefits also concern older people. There are some
older persons who are facing criminal charges and are languishing in jails as undertrial
prisoners.
The problem gets compounded by the inordinate delay in disposing of the
matters of older persons in the courts and in many matters the litigant unfortunately dies
even before the case is finally settled. You will appreciate that the elderly people
deserve to be attended by the legal system of the country somewhat on priority basis.
Therefore, there is a need to evolve a system which may ensure timely disposal of their
matters pending in the courts.
So far as the Supreme Court is concerned, efforts are being made to
identify the matters relating to older persons and to get them disposed of on priority
basis. I have already given necessary instructions in this behalf to the Registry of this
Court.
When we are at the threshold of the new millennium, let us take all
possible steps for early disposal of the cases involving older persons so that the agony
of the older persons is brought to an end. It would be a befitting gesture for the
judicial system, to respond, in the ''International Year of Older Person'.
This is, therefore, to request you to please examine the matter and
consider the desirability of issuing necessary instructions to the Registry of your High
Court as well as to the Courts subordinate to the High Court, to identify and dispose of
matters in which persons above 65 years of age are involved on priority basis. If properly
monitored, I am sure, this exercise can produce good results.
With regards,
.Yours sincerely,
(A.S. Anand)
All the Chief Justices
High Courts.
Adarsh Sein Anand
Chief Justice of India
November 29, 1999
Dear
The poor, illiterate and weaker sections in our country suffer day in
and day out in their struggle for survival and look to those who have promised them
equality social, political and economic. We, who are responsible for upholding the rule of
law in the country, may not be in a position to solve all of their problems but we can
certainly contribute our might to nourish and safeguard the constitutional goal of 'equal
justice for all' to the extent possible. I am deeply pained when I notice that all over
the country, a very large number of undertrial prisoners suffer prolonged incarceration
even in petty criminal matters merely for the reason that they are not in a position, even
in bailable offences, to furnish bail bonds and get released on bail. Many of them during
such confinements only develop criminal traits and come out fully trained criminals.
I called for information from National Crime Bureau regarding the
number of such undertrial prisoners in the country but they are not maintaining statistics
in this regard. However, in Central Jail, Delhi only over 9,000 prisoners were languishing
as undertrial prisoners on 31st of July, 1999. According to one survey out of the total
jail population in the country, undertrial prisoners constitute 73% many of whom are
involved in petty offences and are ready and willing to confess their guilt but cannot do
so unless a Police report is filed against them in a court of law. Most of such prisoners
are not likely to get severe punishments for the reason that the offences in which they
are involved probation or may be let off by the Courts on payment of fine only. It is
neither just nor fair that persons involved in petty offences should suffer incarceration
much beyond the ultimate punishment merely on account of the fact that they happen to be
poor and under privileged.
I, therefore, suggest, for your consideration, that every Chief
Metropolitan Magistrate or the Chief Judicial Magistrate of the Area, in which a District
jail falls, may hold his Court once or twice in a month, depending upon the workload, in
jail to take up the cases of those undertrial prisoners who are involved in petty offences
and are keen to confess their guilt. "Legal Aid Counsel" may be deputed in jails
to help such prisoners and move applications on their behalf on the basis of which the
Chief Metropolitan Magistrate or the Chief Judicial Magistrate may direct the
investigating agency to expedite the filing of the police report. Thereafter, if the
prisoner voluntarily pleads guilty, he may be awarded appropriate punishment in accordance
with law. There may be some cases in which the undertrial prisoners after moving such
applications may change their mind and decide to context the cases. Such cases may be
transferred to the concerned courts for trial in accordance with law. I feel, this
exercise can go a long way in providing speedy justice to the poor undertrial prisoners
and also reduce the jail population which is becoming a cause of concern.
I shall be happy to have your response and suggestions also, if any.
With best wishes,
Yours sincerely,
(A.S. Anand)
All the Chief Justices
High Courts
Adarsh Sein Anand
Chief Justice of India
June 13, 2000
Dear Minister,
In this era of expanding trade and commerce, increase in litigation
appears to be unavoidable. Search for Alternative Dispute Resolution Techniques therefore,
is on all over the world. In our country Lok Adalats have met with significant success.
Till 31st of December, 1999 over 97 lac cases have been amicably settled through Lok
Adalats. In the year 1999 itself the disposal of cases through Lok Adalats was about
9,67,990. Legal Services Authorities Act of 1987 which was enforced in 1995, has provided
statutory base to Lok Adalats by conferring force of a decree of civil court to the Awards
passed by Lok Adalats. The Awards are final and binding between parties and no further
appeal lies thereby bringing the litigation to an end. During the last two years, Lok
Adalats have entered unexplored vistas of legal disputes and now controversies at
pre-litigative stage even are being settled through Lok Adalats.
I have been given to understand that over Rs.50,000 crores advanced by
Banks and financial institutions are lying blocked on account of protracted litigation. In
a large number of cases, I learn, even decretal amounts have not been recovered after
decrees have been passed by competent courts. Judicial experience tells us that it is
comparatively easier to settle a dispute between the parties before the matter is pushed
into a court. It is therefore, high time that banks as well as Government owned financial
institutions appreciate and put to use forum of Lok Adalats for settling their pending
suits as well as pre-litigative stage matters. By discussing disputes across the table,
the Banks and financial institutions may succeed in settling a large number of matters
amicably without taking recourse to litigation which entails enormous cost and time. In
some of the States, commendable work has been done by settling Bank cases through Lok
Adalats but this movement must gain further momentum so that the inflow of legal matters
into regular courts, which are already over burdened gets reduced to the extent possible
and at the same time matters resolved for the mutual benefit of the banks, financial
institutions and the loanees.
I am, therefore, suggesting you to consider the proposal and issue
appropriate and directions to the banks and financial institutions in the country to get
in touch with the respective State Legal Services authorities for organising separate and
special Lok Adalats for disposal of their cases only.
I am sure that through this process substantial amount would get
recovered and shall come into the hands of Government for purposeful utilisation.
With regards,
Yours sincerely,
(A.S. Anand)
Sh. Yashwant Sinha
Finance Minister
Government of India
North Block
New Delhi 110 001
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