【 RNI-HIN/2013/51580 】
【 RNI-MPHIN/2009/31101 】
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A bench of justice Vivek agrawal and justice Avanindra Kumar Singh end the series of dates after dates.
25 Nov 2023
Anam Ibrahim
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Justice Bose pointed out that the Constitution was not made for those in brief authority, or for lawyers and dialecticians, but for the common people of India-Supereme court of india
Jabalpur:-The high court of Madhya Pradesh recently dismissed petition filed by OBC advocate welfare association V.High court of Madhya Pradesh challenging a scheme under which district court in the state were ordered to dispose of the 25 oldest pending cases every quarter.
A bench of justice Vivek agrawal and justice Avanindra Kumar Singh said that's the aim of the scheme framed by the high court was to provide speedy justice to litigants.
The scheme strikes the right balance between administration efficiency and the legal protection of the right of the citizens the court held.
Scheme is to make the judicial officer answerable and accountable.
The '25 debt scheme' called for a list of 25 cases for each quarter be prepared and a consolidated list of 100 cases for a year be sent to the Registry of the High Court. Undisposed cases out of the oldest 25 cases by the end of the year 2022 would be carried forward to the first quarter of the year 2023, which will be in addition to the 25 oldest cases of first quarter of 2023.
The Court opined that the scheme was aimed towards those litigants who were standing in the queue with no clue of the existence of any light at the end of the tunnel.
“If he is given a hope, a dream that even he could get his justice quickly then the application of scheme which fulfills the aspirations of a common litigant, cannot be snatched away in the name of personal inconveniences to the body of Advocates who have failed to bring on record any empirical data to support their case."
Observing that the petitioners had failed to show how the scheme prejudiced the lawyer community or litigants, the Court said that expecting more efficiency in the system and taking measures to achieve the same cannot be said to be violative of Article 21 of the Constitution.
In conclusion, the Court said with passage of time, the High Court has improvised the scheme after taking into consideration realities as have emerged from time to time.
“Thus, it is not the case of the petitioner that High Court has failed to take into consideration, difficulties of the judicial officers or the Advocates and on that ground also, petitions deserve to be and are hereby dismissed,” it added
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