CONFERENCE ON COURT GOVERNANCE VERBATIM PROGRAMME REPORT – P 979 Submitted by Sanmit Seth, Law Associate & Anmol Jain, Law Intern National Judicial Academy 1 TABLE OF CONTENTS SESSION 1 ........................................................................................................................................... 3 SESSION 2 ......................................................................................................................................... 40 SESSION 3 ......................................................................................................................................... 66 SESSION 4 ......................................................................................................................................... 89 SESSION 5 ....................................................................................................................................... 120 SESSION 6 ....................................................................................................................................... 142 SESSION 7 ....................................................................................................................................... 166 SESSION 8 ....................................................................................................................................... 200 SESSION 9 AND 10 .......................................................................................................................... 227 SESSION 11 ..................................................................................................................................... 255 2 SESSION 1 Traffic control in courts: Controlling per day movement of Bar/Judges/Litigants/Ministerial Staff in Courts Dr. Geeta Oberoi: I thought it’s better for me to say good morning now over here and then go to another program, there are two parallel programs that are running today, and here we have all Justices and there we are having no Justices, So all judges and Justices are over here. Participant - but you are there… Dr. Geeta Oberoi: No, No, No, someone has to take care of that program, so I’ll go there. So before I go I should welcome you all to your own academy - National Judicial Academy, and of course, we will, as is always the case, we will begin with your own introduction. First with what you have been doing and what are your expectations from the course and then of course we will have a session by all our great Judges over here and they'll ... this is a program where you can actually voice out your issues but of course keeping in mind that the issue should actually pertain to what topic is mentioned because there are thousands and thousands of issues that we all have and judges, senior judges, they can help you.. And the best part of the Judges that we have called for this program, you will note this is that all judges have been alleviated to High Court from service, career service, so they are also from career judiciary like all of you, so they know pretty well you're problems and they can also guide you…All these judges , justice Vimla, Justice Tripathi , Justice U.C. Dhyani , Justice Dhyani all of them have been from careers judiciary. So as this is quite a moment for you to get .inputs and find out ways to move forward in law. Whatever issues are of course pertaining, as I said, they should be pertaining to sessions that are mentioned. Program schedule is there with you, with that...and...Also we have our faculty and program coordinator Sanmit Seth. Any issues you can always talk to him, he is there, all these three days of your stay he is there with you, so with this , brief , I would say , introduction about our whole program, it’s about court governance , there is lot of things to 3 be talked and I leave it to Hon'ble Justices to talk about that. with this, I'll take my leave and go to other program . So, I think we can begin with the introduction first. Mr. Sanmit Seth: Yes, Yes Dr. Geeta Oberoi: Isn’t It? Dr. Geeta Oberoi: also if you, if you can also give it to Hon’ble Justices, your expectations from this program- Court Governance. You’ve seen the program schedule, what do you expect actually Hon'ble justices to provide you, just two lines it would be grateful. So Judges will also solve your issues. Justice U.C. Dhyani: Mata temple or Bhojpur, Raja Bhojpur Participant: bhojpur is near… Justice U.C. Dhyani: we saw a milestone and we thought we are very near to devas. Participant: I am district judge from Kanpur and I want to learn how to deal with this strike of the lawyers Justice U.C. Dhyani: celebrated case is Uppal vs union of India…you must have Participants: that does not work Justice U.C. Dhyani: Yes, Yes Participant: even if the High Court.. Justice U.C. Dhyani: but so far as the decision is concerned , decision by Supreme Court , Uppal vs union of India, we'll discuss , we'll discuss. Yes Participant 3- I am V. Sivagnanam from Tamil Nadu, I’m Principal District Judge, District Court, Thiruvarur. and my expectation that all the courts should be converted into ecourts 4 and that will be ( inaudible) , records and other ( inaudible) and all the documents by way of , like anyone who wants to register his office ,by that way of Justice U.C. Dhyani: You mean e-filing? Participant 3: efiling…because we cannot keep all the original documents. Justice U.C. Dhyani: yes, yes Participant 3: we should return all the things, we should return all the things to the litigants itself and we should not even whenever the file commences us should take it back. we should not keep likewise we are taking lot of court fees so for that purpose also we can , at least we can convert into the a onetime stamp letter because that every time lot of court fee because of that our courts need lot of space.. Justice U.C. Dhyani: yes. yes, yes Participant: for that we need something.. Justice U.C. Dhyani: and space and then you have to deal with the issue of suits valuation and court fee on every time…every time.. Participant: Yes Justice U.C. Dhyani: every time. But so long as 1870 Act is there, Court fee act is there, that is the central legislation, we can’t help it. Participant: No, No…we can help it…Instead of getting stamp paper we can make smart , we can get stamps, instead of getting money by way of anything.. Justice U.C. Dhyani: Yes, yes Participant: we can get CD's like that 5 Justice U.C. Dhyani: yes Participant 3: instead of avoiding getting stamp papers we can put something like pre stamped for suits (inaudible) we should not …and second thing in Tamil Nadu, I don’t know what about the other districts, we don’t come for district judges...they only depend upon PWD so you all need guest house…that is the main thing I learned because every time you have to go and ask PWD for your… Justice U.C. Dhyani: yes, Yes Participant: when judges have to go and visit many places every day we depend upon the PWD Justice U.C. Dhyani: Yes Participant: so there also some politician are coming then, for that we have to make our own arrangements because all the departments because all the depts. Justice U.C. Dhyani: continue, continue, Please take your seat, you need not… Participant 4: I am Gita Gopi, Principal District & Sessions Judge, Athwaline, Surat Gujarat…My lord, my expectation form this conference is making the courts litigant friendly.. Justice U.C. Dhyani: Litigant friendly Justice U.C. Dhyani: that’s true, yes Participant: good morning sir, I am Rajesh Gupta, district and session judge, Neemuch, Madhya Pradesh. I have been in this court since 1987. Nowadays district judges are under various kinds of work, like legal aid. Lack of manpower is also an issue. Justice U.C. Dhyani: yes, thank you 6 Participant: I am Mr. Pratha Sarathi Sen, District Judge and session Judge at Howrah, my expectation is …your lordship may kindly say that experience with regard to administrative jobs. We can discuss with the same also. Justice U.C. Dhyani: how is Justice Sumitra Sen? Thank you Participant: good morning lordship, myself Kishore Kumar, from Jammu and Kashmir, I am district and session judge. Lordship (inaudible) there must be...conference in all... Justice U.C. Dhyani: Justice Bansilal Bhatt used to preside over your court? In Srinagar.. Participant: lordship, Jammu also Justice U.C. Dhyani: Jammu…Thank you. Participant: I am B.N. Mohanty, I am now the Principal District and Session Judge Balasore. So my expectation would be...the court governance. The most obvious thing in the High Court is the shortage of staff. So in what way, High Court are (inaudible) and the government is unable to figure it. And the recruitment process should not be so cumbersome, it is difficult to get the court freedom.. Justice U.C. Dhyani: thank you. Participant 9: I am G.V. Subrahmanyam, District & Sessions Judge, now I am attached to Senior Judicial Academy, Secunderabad, Sir...My opinion, till yesterday I was the (inaudible)…for the litigant public is certainly lacking Sir, they don’t have the minimum needs in the court premises. Then madam said that we should become litigant friendly. In my opinion we should have minimum facilities for the litigant public. The staff of the courts are also have to be trained simultaneously. They need to ...governance of courts. Justice U.C. Dhyani: thank you. 7 Participant 10: good morning lordship, I am Imtiaz Ali, District and Session Judge from Assam. I would like to know about how to use, the technology to control traffic movements in court campus. Justice U.C. Dhyani: