A Symposium on "Judicial Reforms conducive for Common Citizens" was held on 14th of August, 2003 from at 5 PM to 9 PM in the Conference Hall of Project Swarajya, at Bakharabad, Cuttack, which was attended among others by distinguished law experts, social workers, political leaders and the intellectuals.
Advocate Smt. Bilasini Pattanaik welcomed the participations. Then the President Sri Sourya Sundar Das, an eminent Advocate of Orissa High Court in his preliminary observations told inter alia that the topic of the day was very much useful and timely as well. Then Smt Nirupama Jena, an Advocate speaking on the significance of the Symposium observed, the is a stepping stone to work out for the National Commission to Review the Working of the Constitution 2002 recommended certain measures for providing justice to the common people in a time-bound, inexpensive and impartial manner, around which there was an imperative need for holding a national debate across the country. The Symposium of the day was an humble effort towards such debate.
The former Justice of the Orissa High Court Sri Pruna Chandra Mishra basing on his own experience as a lawyer and a Judge delivered a written address to the Symposium. Sri Mishra observed that quite many laws of the land have already become obsolete, but instead of replacing or updating them, the legislatures keep on introducing newer and newer laws. As a result, to comprehend and interpret them has become a highly difficult job, not only on the part of the common people, but also on the part of the judges and lawyers. In such a messy situation, only the people rich and having vested interests are reaping benefits for them, Sri Mishra observed. He further said, the majority people of country being illiterates or semi-literates are not in a position to understand the laws so made, because of the complex and foreign language in which these are written. Again, mere publication of law in the government gazette doesn't necessarily ensure its dissemination among the common people, Sri commented.
Justice Sri Ananga Kumar Patnaik of Orissa High Court in course of his talk said that the Orissa High Court is overloaded with cases and about 300 cases are being filed in a week in the High Court, for which it is not possible at all for the court to tackle them. He emphasised the need for using more of First Track Courts and Load Adalats to relieve the situation. Sri Patnaik referred to USA, where about 93 per cent of cases are disposed through mutual negotiation by the lawyers themselves and thus are not entered into the precincts of the Courts. In our country such method of out-of-the court settlement of disputes should be given a fair trial, Justice Patnaik emphasised.
The former Speaker of Lok Sabha Sri Rabi Ray said with a deep anguish that though Oriya was a language recognized under the Constitution, the courts however keep on using English, a foreign language even after 56 years of independence. Citing the example of Justice Sri Rangswami of Supreme Court, Sri Ray observed, the phenomenon of growing corruption at the level of the higher judiciary augured a bad women for the country. Quoting the Vohra Committee Report, Sri Ray observed, the country was in the grip of a notorious, criminal nexus of corrupt politicians, businessmen and bureaucrats, the end to which could be achieved only by a thorough going systemic reform and every one should be aware about this need of the hour.
Sri M. Papanna, a Justice of Orissa High Court speaking on the occasion admitted that if the lawyers and judges were sincere and honest in their service, then many of the present ills of the judiciary could be avoided. He further stated, just as the existence of a priest depended on that of the sinners, profession of the lawyers and judges was conditional upon the litigants. While deploring the tendency among a section of lawyers for fuelling the litigations, Justice Papanna expressed his hope the lawyers and judges must work towards checking the proliferation of cases so as to save the good name of judiciary.
The DIG of Orissa Police (Central Range), Cuttack Dr. Rajendra Prasad Sharma in his brief talk stated that unlike the judiciary, which is relatively independent and neutral, the police organisation is working under the hegemony of the political leadership, government and influential section of the society. Police has therefore failed to perform it's legitimate duties towards the common citizens, said Dr. Sharma. He further informed that in the past the main job of the police was to prevent crimes in the society, but presently the job of the police was to arrange security for the political leaders, some of whom are involved in multiple crimes. As a result it has become an uphill task on the part of the police to do justice to the common people.
The Principal of M.S.Law College, Cuttack Prof. Jayadev Pati stated that the pre-trial system of USA need be implemented in our country, so as to reduce overload of pending cases in the courts. Otherwise, the common people would continue to be plagued by the inordinate judicial delay, as it has been so far.
Advocate Dr. Monoranjan Panda stated, strangely enough in one of the sessions of Parliament as many as 78 Bills were passed only within a space of ten minutes. This fact indicated that there was no sincerity and interest among our legislators in doing their prime job i.e. law making. In such a situation, Dr, Panda bemoaned, when the law makers themselves are not interested about the law being supposedly made by them, it was simply ludicrous to think that the judiciary could be reformed to serve the common man.
The President of Project Swarajya and Convener of Ambedkar-Lohia Vichar Manch, Sri Mohan Jena citing two burning cases that happened in Earasama and Brahamagiri areas of the State remarked that the police, administration and judiciary were found to be callous and stempmotherly in their attitude towards the Scheduled Castes, Scheduled Tribes and other Dalit population even after more than 56 years of independence. Sri Jena appealed to the Judges to remain alert and so justice to the interest of the Dalit people.
Advocate Dr. Sujata Das opined that while appointing the judges, the competence, experience, attitude and antecedents of the desirous candidates for the post of judge should be taken into consideration.
At the end of each talk, a brief question-answer exercise was also held between the participants and the speakers.
At last Mrs. Dolli Dash, the Secretary of Project Swarajya gave thanks to the guests and participants. The Symposium was attended inter alia by the Chairperson of State Women's Commission Mrs. Namita Panda and eminent citizens like Dr. Minakhi Panda, Sri Annada Ray, Sri Rabindranath Sahoo, Sri Sailendu Ghosh, Sri Cittaranjan Mohanty, Sri Sashi Bhusan Behera, Sri P.C.Mangaraj, Sri Sukadeve Tripathi, and Sri Surendranath Kar.
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