I’m always surprised as to why non-judicial minds are given authority to decide litigations. I’m practicing at District Kathua (J&K) since last more than nine years. According to the J&K laws, the revenue appeals are heard by the revenue officers, who either are the IAS or KAS Officers. And to everyone’s surprise only 5 to 10% of these Officers do possess the knowledge of law. To add the chaos, I must tell you, all of these Officers are entrusted with the primary job of Administration and they are so occupied in their Administrative jobs that they hardly find time to dispose off the litigations/appeals and concequently the judicial files are piling up in the Revenue Courts and the disposal is almost negligible. Most of the times, the litigants find that the Officer is busy in attending the meeting involving the agenda of administration, like to discuss the measures of any calamity, prepare for the Minister’s visit, prepare for the Board Meeting, Issues involving tranquility, etc, etc… My suggestion to the Government is that why not a special post be created at the District or Sub-District level, headed by the Presiding Officer having the knowledge of law and entrusted with the exclusive authority to dispose off the litigations only. In this way, the long pending matters would be easily disposed off and the litigants would also get speedy justice, afterall we have been grown up listening “Justice delayed is Justice denied”. I hope through this blog, the eminent and busy lawyers may get time to think on these notes. Thanks for the patient reading. The comments of the readers are solicited.

Comments

Anonymous guest 2 Oct 2010, 03:22
+1 -0
It is malady of justice deliverance in India and since many decades the revenue authorities are given power to decide appeals and very few people have open mind; always their personal experience and administrative prejudice gets reflected in their dispensation of justice. Just take appeals in revenue matters like customs, excise, income tax etc. virtually the men sit in appeal would always like to pass orders favoring the revenue. Many departmental circular which sans even principles of natural justice are accepted as a routine; probably no body like antagonize their higher ups risking their careers. Even constitutional courts are not fair and independent in India ; they invented theories "matters fall in the realm of administration" and avoid interference though the same are patently unfair. One such great tragedy is privatization of PSU where the property is sold at dirt cheap price and even people who served the organization for many decades shredded into pieces thrown into dust bins - our pliable apex court said it is a policy matter. Hence no interference. After all the judges also look for post retirement plum placements and in service elevations like any other commoners. Alas, even god cannot save the king. Indian public takes comfort in "chalta hai".
Mani Ram Sharma 2 Oct 2010, 03:31
+0 -0
KNOWLEDGE IS A TWO EDGED WEAPON WHICH MAY USEFUL AS WEL AS DREADFUL.KNOWLEDGE SOLVE ANY PROBLEM NOR THERE IS ANY CRISI FOR KNOLEDGE .To quote a Lord Chancellor of England, gentlemen are required in the judiciary and some knowledge of law is an advantage. (Air 1994 Sc 268: Supreme Court Advocates-on-Record Association and another v: Union of India)