Tamil Nadu, the City of Chennai Bearing Its Brunt
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Madras High Court Annual Report 2015 MADRAS HIGH COURT I Editorial Board Justice R.Sudhakar Justice M.M.Sundresh Justice P. N. Prakash Acknowledgment The genesis of an annual report on the working of Courts is traceable to Sir John Donaldson, the Master of Rolls, who is said to have made an annual report on the work of the Court of Appeal in 1986 with the objective of providing Parliament and the public with an additional and authoritative source of information on the administration of justice in England & Wales. In the present information age, an annual report on the work of the High Court assumes great significance and this important exercise would not have been feasible without the active and dedicated support of the staff of the Registry. We sincerely record our profound appreciation to the team with the following caveat: Errors, if any, are ours and ours alone and not theirs. Editorial Board Justice R.Sudhakar Justice M.M.Sundresh Justice P.N.Prakash MADRAS HIGH COURT III Team of Officers and Staff Members who assisted the Editorial Board Mr.P.Kalaiyarasan, Registrar General Mr.V.Nallasenapathy, Official Assignee Mrs.M.Jayashree, Deputy Registrar (Administration) Ms.M.Fathima, Assistant Registrar (Records) Mr.C.Muralidharan, Court Manager – I Mr.J.Prabhu, Court Manager – II Mrs.A.T.Rani, Sub Assistant Registrar (Cofeposa) Mrs.G.Sangeetha, Section Officer Mr.M.Vetrivel, Technical Assistant to Librarian Mr.K.Gopinath, Assistant Section Officer Mr.S.Rajendran, Assistant Ms.P.Sasirekha, Typist Photographs - Courtesy S. Ganesh Kumar, Section Officer K. Singaram, Section Officer V. Venkatasubramanian, Assistant Section Officer Designed & Printed by Gnanodaya Press 461, Nandanam, Chennai – 600035 E.Mail:[email protected] Published by High Court of Madras. www.hcmadras.tn.nic.in MADRAS HIGH COURT V From the Desk of The Chief Justice Judiciary is the quintessential part of a healthy democracy. The importance of judiciary in a democratic setup can hardly be exaggerated. Courts and Judges not only administer justice, they also protect the rights of the citizens, acting as interpreters and guardians of the Constitution. It is quite natural that the citizenry looks at Courts as the last resort for getting their grievances ventilated. The Madras High Court, being one of the premier chartered High Courts in the country, has set high standards not just in terms of contributing many a stalwart to the legal field, but also in laying down path-breaking legal principles throughout the 150 years of its glorious existence. Heading this prestigious institution as Chief Justice casts an onerous responsibility that is to be fulfilled with unflinching perseverance. It gives me great pleasure and satisfaction to present the ‘Madras High Court Annual Report-2015’. This Court is one of the very few institutions, which while still holding on to its classic past, symbolized by the majestic edifice standing tall ever since 1892 amidst the din and chaos of this bustling metropolis, yet has not lost sight of the need to fine tune itself to suit the modern day requirements. If I may say so, our High Court is one of the best examples of tradition and orthodoxy rubbing shoulders with the contemporary. Although it is not easy to emulate the high standards set by our illustrious predecessors, our High Court is trying its best to keep in tandem with the huge expectations, given the limited resources available at hand. I am proud to say that our High Court finds a place among the few Courts in the country consistently achieving higher rates of disposal, this despite the burgeoning docket and the dwindling strength. MADRAS HIGH COURT VII In the year 2015, the Principal Seat at Chennai and the Madurai Bench combined disposed of 1,41,154 main cases, while the combined pendency at the end of the year stood at 2,84,428. It is worthwhile to note that these statistics correspond to a year when the strength of the Judges was at an all time low. Now that the strength of the judges is being enhanced to 75, once all vacancies are filled up, we can expect manifold increase in disposal. With the High Court leading the way, the subordinate judiciary is also trying to play its part by turning out impressive numbers. Special impetus has been given to target specific categories of cases, in particular very old cases, and physical verification of all case files was carried out in order to identify the actual pendency. Specific days in the week are earmarked to deal with old cases in the High Court and in the subordinate judiciary – subordinate judges are awarded double the units for disposal of cases more than 7 years old and triple the units for disposal of cases more than 15 years old. This has resulted in a marked improvement in the disposal rate of old cases. A Committee has been constituted to look into the arrears of cases and to address ways and means to reduce the arrears. Periodic follow-up meetings are conducted in this behalf with the subordinate courts in all the districts by Video Conferencing, yielding good results. The process of amending/ simplifying the Madras High Court Original Side Rules and Appellate Side Rules is on, with suggestions invited from the Bar. There are also plans to constitute a Commercial Division and Commercial Appellate Division in the High Court to expedite hearing/disposal of commercial cases, in terms of the Government of India Ordinance dated 23.10.2015. The Madras High Court is on the right path in achieving its long term objective of full computerization. With the provision of iPads, Meetings of the Judges of various Committees like the Administrative Committee and Full Court have gone paperless. State of the art Display Boards are installed in all court halls and at vantage points inside the High Court campus. The Biometric Attendance System and the Web Payroll System have been put in place. Bar Coding is done for fresh cases and SMS alerts are being sent at the filing/copy application stage, and this has been well received by the Bar. The process of Digitization is set on a roll, the final nod being awaited from the Government. At the subordinate level, the outdated desktops/laptops and related peripherals have been replaced by new ones, with provision of on-line journals. The e-Courts Project, which covers 980 Courts across the State, is in the final phase of implementation. The Case Information System is fully functional, and there is auto-generation of cause-lists, hosting of judgments and enlisting pendency/ disposal statistics of all categories of cases. As regards infrastructure, with financial support from the State Government, Court Buildings and Judicial Officers’ Quarters with requisite basic amenities are being provided in the subordinate judiciary. In the High Court, new Administrative Blocks have been added to accommodate various sections of the Registry. Keeping in tune with the changing times, usage of alternative power resources is being explored with the setting up of rooftop solar power plants at the Principal Seat. Judicial staff is now assured of priority in the matter of getting accommodation on par with Government Servants. The Heritage Structures within the High Court premises are getting due attention, with the funds allocated under the XIII Finance Commission being utilized for their renovation and restoration. Further funds are sought from the State Government in this regard. Certain tasks have already been accomplished and once the remaining works are completed, the High Court will be back in its old resplendent glory. Heritage Walks within the High Court premises are a regular feature. Our High Court has been a pioneer in exploring and implementing all possible forms of Alternative Dispute Resolution mechanisms. Following the successful running of the High Court Mediation & Conciliation Centre, the High Court has now got a state of the art Arbitration Centre, inaugurated by the then Chief Justice of India in March, 2015, based on the Delhi and Chandigarh modules, with its own sets of Rules. The Centre has already started receiving good response and I am sure it will prove to be yet another value addition to the existing ADR mechanism in the State. These efforts have yielded great results with 11,53,890 cases being disposed of throughout the State in the year 2015 by means of ADR. The year 2015 heralded a whiff of fresh air with a revamped security system being implemented in the High Court premises after it was declared a High Security Zone. Now, the Central Industrial MADRAS HIGH COURT IX Security Force (CISF) provides security to the High Court Judges’ Chambers, Court Halls and Registry, while the local police provide security for the rest of the court complex. The constant friction and a volatile atmosphere prevailing between the legal fraternity and the local police necessitated this change. The Registry’s sanctioned strength has been enhanced with addition of 537 posts of various cadres and the existing strength fortified by filling up vacancies by promotions/appointments. The outdated Madras High Court Service Rules have been thoughtfully amended. Sophisticated training facilities have been put in place to impart periodic training to staff members in computer and allied skills. The subordinate judiciary has also received due attention with close to 200 subordinate judicial officers posts being filled up, appointments/promotions effected for different cadres and new courts constituted. The State Judicial Academy has diversified its activities with the formation of Regional Centres at Madurai and Coimbatore. I must admit, all this would not have been possible without the unstinted co-operation of my learned Brother and Sister Judges, Members of various Committees as well as the Members of the Bar and the Registry, and I wholeheartedly thank them all.