Supreme court judge feels decision are not be taken leading to litigation
GN Bureau | February 13, 2015
The senior most judge of the supreme court, justice TS thakur, has castigated the government for filing large number of cases in the court. According to him this "cannot be a good sign of good governance".
"No one is ready to take a decision. So everyone feels well this may be a right claim but why should I take the responsibility for this decision or anyone can raise a finger and say this man agreed to concede this claim for any extraneous consideration," he said.
"Experience has shown that that one reason which deters the government servants from taking any decision is that most settlement involves giving up something for larger gains. Officials often feel that giving up a part of claim may lead to investigation and inquiries against them," he said.
"Large number of cases coming to court is a good sign in the sense that people still have faith in judiciary and its efficacy to settle the matters but large number of cases coming against the government cannot be a good sign of good governance," Justice Thakur said on Thursday at the Asia-Pacific International Mediation summit in the national capital.
"Why should the government system not be responsive so as to prevent litigations where it can rationally and logically be prevented," Justice Thakur asked. "Govenment is the biggest litigant in the country. For past several years we are grappling with the problem of extensive litigation in which the government is involved," justice Thakur, who will be the next chief justice of India, said.
The judge said that every case filed irrespective of merits is burdening the judiciary, costing the exchequer and increasing the pendency of case. "This is something I say is deficit in governance. Governance is not just army, police, road, building etc but governance also is adjudicating rights of a citizen which is legitimately due to him," he said.
Justice Thakur said alternative dispute resolution mechanism is the need of the hour, considering the rate at which the country’s population is growing and its emergence as a big marketplace.
“Mediation is a great national service to the cause of justice. It spares the judiciary from insignificant cases and focus on those matters which impact the lives of people in the country,” he said, adding that mediation can galvanise the entire justice system, which is cost effective and a great service if developed effectively,” he said.
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