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Decided by the Hon'ble Supreme From the Editor Desk...... At the outset I on behalf of Delhi Legal Services Authority wish the readers and patrons of Nyaya Kiran.. A Happy New Year and Colourful Holi. The new issue of Nyaya Kiran is in your hands and we have tried to incorporate all whatever has happened in this quarter from January to March, 2008 in this edition. Delhi Legal Services Authority has organized a talk on the Indian Experiments for Improving “Access to Justice” at Tis Hazari Court which was highly successful and the key-note address in the said conference was delivered by Sh. Marc Galanter a renowned Professor of Law (U.S.A) and expert on Indian Legal System. The two-day Training Programme on Protection of Women from Domestic Violence was organized by Delhi Legal Services Authority at V.K. Krishna Menon Bhavan on 2nd & 3rd February, 2008 and Booklet on Report & Recommendations on Domestic Violence was released by Hon’ble Mr. Justice Ashok Bhan, Judge, Supreme Court of India. The interactive session of the programme was quite useful and the participants interacted quite freely with the distinguished guests and speakers and were suitably guided by the distinguished speakers. In the month of March, a function was organized in Tihar Complex on 11th of March, 2008 commemorating the International Women’s Day and a Booklet “UMEED” was released by Dr. Girija Vyas entailing details of women prisoners and the children accompanying them in the august presence of Hon’ble the Chief Justice & Patron-in-Chief , Delhi Legal Services Authority ; Hon’ble Executive Chairman, Delhi Legal Services Authority and other Hon’ble Judges from the High Court, Ms. Nafisa Ali, Film Actress & Social Activist and other Dignitaries. Spectacles donated by Venu Eye Centre headed by Dr. Tanuja Joshi were also distributed to the lady jail inmates who were in dire need of the same and a Toy Garden of which Toys were provided by the Rotary Club, New Delhi was also opened for the benefit of the Children was also opened for the benefit of the Children of jail inmates who were perforce made to live in the jail alongwith their mothers. On the last day of the month of March, a workshop was organized in Judges’ Lounge, Delhi High Court for devising ways and means to increase the disposal rate of the cases under section 138 of Negotiable Instruments Act, 1881, which were virtually choking the entire Justice Delivery Mechanism in Delhi. The said workshop was chaired by Hon’ble Mr. Justice S.B. Sinha, Judge, Supreme Court of India & Member, Arrears Committee and was also attended by Hon’ble Dr. Justice M.K. Sharma, Chief Justice, High Court of Delhi & Patron-in- Chief, Delhi Legal Services Authority; Hon’ble Mr. Justice T.S Thakur, Judge, High Court of Delhi & Executive Chairman, Delhi Legal Services Authority and other Hon’ble Judges of High Court of Delhi, besides Judicial Officers from Delhi District Judiciary and very high ranking officers of the Financial Institutions and Banks. The participants discussed various strategies and gave different suggestions for improving upon the disposal rate of these cases and it was decided that all the participants shall give their suggestions to Delhi Legal Services Authority, which shall thereafter compile the same and after incorporating the views of Hon’ble Judges, a fresh meeting will be called where in the representatives of all concerned shall participate and thereafter suggestions and strategies shall be finally formulated. I would also like to take this opportunity to express my thanks to Sh. A.K. Sarpal, Officer on Special Duty who has since been repatriated to his parent cadre after working tirelessly for Delhi Legal Services Authority for the past one - and - a - half years. I would also like to introduce the readers and patrons to the new additions to Delhi Legal Services Authority family. Sh. V.K. Gupta has joined Delhi Legal Services Authority as Officer on Special Duty and Sh. A.K. Chaturvedi has joined as Special Officer, Delhi Legal Services Authority. Hoping continued cooperation from our esteemed readers. SANGITA DHINGRA SEHGAL MEMBER SECRETARY DLSA NYAYA KIRAN VOLUME - II ISSUE - I JAN. – MAR., 2008 DELHI LEGAL INDEX SERVICES AUTHORITY Page No. Patron - in - Chief Message By Hon'ble Mr. Justice S.B. Sinha, Hon’ble Dr. Justice M.K. Sharma* Judge, Supreme Court of India Chief Justice, High Court of Delhi Executive Chairman Message By Hon'ble Dr. Justice M.K. Sharma, Hon’ble Mr. Justice T. S. Thakur** Chief Justice, High Court of Delhi Judge, High Court of Delhi ARTICLE SECTION Chairman, Delhi High Court Legal Services Committee 1. ADR VISION 2025 1 Hon'ble Mr. Justice Manmohan Sarin - Hon’ble Mr. Justice Mr. Justice S.B. Judge, High Court of Delhi Sinha Judge, Supreme Court of India Member Secretary Ms. Sangita Dhingra Sehgal 2. Critical Analysis of the Protection of 23 Addl. District & Sessions Judge Women from the Domestic Violence Act. Address : - Ms. Geeta Luthra, Advocate, Delhi Legal Services Authority, LLM, M. Phil (Cambridge) Central Office, Pre-fab Building, Patiala House Courts, 3. Power of Police to Investigate 31 New Delhi-110 001. Cognizable Offences Vis-a-vis Tel. No. 23384638 Fax No. 23387267 Judicial Pronouncements - Dr. Shahabuddin, Permanent Legal Services Clinic, Metropolitan Magistrate Room No. 54 to 57, Shaheed Bhagat Singh Place, 4. Right to Livelihood of Prisoners Vis-a-vis 39 Gole Market, New Delhi. Sentencing Jurisprudence Tel. No. 23341111, - Mr. Kiran Bansal, Fax No. 23342222 Metropolitan Magistrate Toll Free No. 12525 JUDGMENT SECTION Website : www.dlsa.nic.in E-mail : [email protected] 1. Re: Illegal Detention of Machal Lalung, 58 Editorial Committee [WP (Crl.)No. 296 of 2005] with Re: News Item “38 Yrs in Jail Without Chairman Hon’ble Mr. Justice T.S. Thakur Trail” published in Hindustan Times, Judge, High Court of Delhi & Executive Dt. 06.02.06 Versus Union of India Chairman, Delhi Legal Services Authority [WP(Crl.) No. 18 of 2006] Member - Ms. G.M. Padma Priya Hon’ble Mr. Justice S.N. Dhingra Advocate, High Court of Delhi Judge, High Court of Delhi Member 2. Budayena and Others V. Russia 62 Hon’ble Dr. Justice S. Muralidhar (Application nos. 15339/02, 21166/02, Judge, High Court of Delhi 20058/02, 11673/02 and 15343/02) Editor-in-Chief - Ms. G.M. Padma Priya Hon'ble Ms. Justice Hima Kohli Advocate, High Court of Delhi Judge, High Court of Delhi Editor FUNCTION REPORT Ms. Sangita Dhingra Sehgal PHOTO GALLERY Member Secretary PRESS CLIPPING SECTION Delhi Legal Services Authority STATISTICAL INFORMATION * At Present Judge, Supreme Court of India ** At Present Acting Chief Justice, High Court of Delhi S. B. SINHA Judge Superme Court of India MESSAGE It gives me immense pleasure to learn that Delhi Legal Services Authority is going to publish an Annual Issue of its official news letter "Nyaya Kiran". The Concept 'Nyaya Kiran', as the name conveys, aims at radiating the protection and dignity of 'Justice' to all, especially to socially backward and feeble section of the society. It proliferates the concept of 'Social Economic and Political Justice' and 'Equality before law' which are the basic structure of the Constitution of India. Poverty, illiteracy, backwardness and ignorance are those evils which make it difficult for an ordinary citizen to have the legal remedies and hence they act as the hurdle between fulfillment of the objective of Article 39-A of the Constitution of India. I am happy to say that Delhi Legal Services Authority has geared up its activities to meet this challenge and is taking initiatives in formulating and implementing new schemes for the poor and downtrodden people. I wish these endeavours a great success and hope that this news letter published on this occasion will be useful and informative to every common man. [ S. B. SINHA ] DR. MUKUNDAKAM SHARMA CHIEF JUSTICE MESSAGE It is heartening to know that Delhi Legal Authority is shortly publishing the next issue of its quarterly magazine 'Nyaya Kiran'. Nyaya Kiran gives an insight to the activities of the Authority in the field of legal aid and awareness. The Authority is doing a creditable service by creating awareness among the needy and the poor about their legal rights including their rights to get access to justice. I have gone through the last issue of Nyaya Kiran and found the articles on 'Plea Bargaining' and 'Domestic Violence Act' very informative and useful. I am confident that the Authority is moving in the right direction in achieving its objectives. I wish all success to the publication. [ DR. MUKUNDAKAM SHARMA ] Nyaya Kiran January-March, 2008 ARTICLE SECTION ADR VISION 2025 Hon’ble Mr. Justice S.B. Sinha, Judge, Supreme Court of India The former President of India, Dr. A.P.J. Abdul Kalam in his recent speech envisaged India as a fully developed nation by the year 2020. What does a developed nation need to have in place to attract Foreign Institutional Investors and sustain a high economic growth? The answer lies in Alternate Dispute Resolution. The primary object of ADR system is avoidance of vexation, expense and delay and the promotion of the ideal of “access to justice”. With the dawn of the new age of technology and innovation, time-being money, more and more individuals, business houses and entities were convinced of the need to adopt ADR to settle disputes. The Indian Judiciary, already overburdened with countless cases filed every day, needed a respite from the crushing burden of backlog of cases which had virtually paralyzed the legal system rendering it unequal to meet the daunting challenges of the new era. Apart from the Court Fees and the fees of the Lawyers, which doubtless have skyrocketed, a whole lot of other incidental and hidden costs, in terms of time and talents, are involved in litigating in courts.
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