New Delhi: Expressing concern over the non-implementation of the Supreme Court directions in 2002 for creation of additional courts at all levels to clear the backlog of cases, a contempt of court petition has been filed for initiating action against the Union Law Secretary and Chief Secretaries/Administrators of all the States/Union Territories.
The petitioner, Sanjay Goel, a practising advocate said that in the All India Judges’ Association case, the Supreme Court in March 2002 had directed that the existing vacancies in subordinate courts at all levels should be filled in all States by March 2003. The increase in judges’ strength to 50 judges per 10 lakh people should be effected and implemented with filling of posts in five years in a phased manner to be determined and directed by the Centre.
The petitioner said that though these directions were issued five years ago, nothing appeared to have been done by successive governments both at the Centre and the States “which is evident from the budgetary allocations which remain abysmally low.” He alleged “delay in justice delivery system and shortage of judges are the two primary causes of corruption in judiciary. People seek shortcuts through bribery etc to get things done.”
Quoting Monday’s judgment, the petitioner said that people had started thinking that justice would not be done in courts due to delay in proceedings. He said any undue or unnecessary delay in dispensation of justice due to inadequate judge strength in courts was a violation of the fundamental right under Article 21 of the Constitution (right to life and liberty).
Contending that the authorities had failed to implement the apex court directions, he sought a direction to initiate contempt proceedings against the Union Law Secretary and Chief Secretaries/Administrator of States/Union Territories.
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