1. ACPs appointed as SEMs in Bombay were the worst offenders. To extract money they initiate chapter proceedings even on law-abiding citizens and indulge in double jeopardy. He suggested that ACPs should not be appointed SEMs and over a million petty criminal cases in Mumbai alone will be reduced.
2. He informed that the SC was toying with the idea of appointing Special Magistrates. He said that they should be eminent persons with experience of atleast 5 years in the field of human rights, with courage of conviction, competence and those good at languages and human psychology. These Special Magistrates need not be from the legal fraternity or retired people.
3. There should be Judicial Clerks to help Magistrates and Judges and/or Desk Judges to read petitions and prepare brief summary of the case to cut short the lengthy procedures. Judges should then be able to give immediate judgments by reading what is on record and with one or two hearings, strictly by the merit of the case.
4. No civil or private criminal cases should be admitted without hearing both sides, no police custody or jail custody be given routinely based on police version, he said and added that the police department has become the most organized gang of criminals today and indulge in false cases rampantly.
5. Legal expenses should not be tax deductible. Once that minor change is made then millions of cases taken in appeal routinely, more to harass rather than for justice, will be reduced, he observed.
6. Judges should be sent periodically for training. Most of them lack in several departments. They should also interact with various NGOs for sensitization on issues and should be taught to write Accurate, Brief and Clear orders or judgments.
7. Immunity given to public servants should be removed so that they could be prosecuted for false cases. In that case accountability will be established, he felt.
8. Human Rights Commissions should be allowed to intervene and be given the powers of the HC to withdraw criminal cases in which prima face substance of false implication is found.
9. In Consumer Courts, Family Courts, strictly no lawyers should be allowed and more than three adjournments should not be given.
Suggestions
(a) At the time of appointment of HC/SC judges, the aspirants should be given IQ, EQ and SQ tests. These three tests + the Aptitude Test will give a complete profile of the aspirant HC/SC judge.
(b) Like an Affidavit is mandatory for contesting candidates (MPs/MLAs), similarly an Affidavit regarding properties/assets held by the aspirant HC/SC judges should be made mandatory, to keep the corrupt out of the high offices of constitutional authority.
(c) Appointment of judges on SC/ST/OBC basis may be made if the person is also qualified and competent, not simply because a certain quota is to be met.
(d) In addition to legal qualifications, social work experience of at least 5 years should be made mandatory.
(e) Some civilian judges (without legal qualifications), but based on ideas, vision, social work experience, should be appointed, since we do not have a Jury system.
(f) All Judges of the HC/SC be put on probation for at least one year and training be given in the departments in which they lack, for example logic, drafting, finer points of law, constitutional provisions, international protocols, etc.
(g) Every five years HC/SC judges should be asked to submit Affidavits declaring their and their family’s assets, properties and incomes duly authenticated by the CAG to take care of hidden income disproportionate to the known sources of income. This will help stop growing corruption in the judiciary to a large extent.
(h) HC/SC judges should be sent abroad every 5 years, for a month’s study tour to fine-tune their ideas, upgrade their experience and improve their legal acumen and vision.
(i) They should be removed if the National Judicial Commission upon enquiry were to find the judge guilty of the charges leveled against him or her.
(j) The salaries and perks of the HC/SC judges should be equal to the State/Union Cabinet Minister and lower than the Governor of the State/President of India.
(k) There should be at least 1/4th women judges to balance the bench.
(l) These norms should apply in the appointment of Members of National Judicial Commission too and the term of such a commission should be of 10 years.
By:
Dr. Leo Rebello, the eminent social worker, President of Litigants Welfare Forum and also of All India Letter-writers Association, then read out his suggestions submitted in 2002 to the National Judicial Commission for the appointment of Judges of the Supreme Court and appointment and transfer of Chief Justices and Judges of the High Court (Constitution 98 Amendment Bill 2003), which has since been enacted into a law.
From:Voice Of Ambition
