New Delhi: Rajya Sabha MP and senior advocate Kapil Sibal Saturday highlighted the abysmal conditions in which district court judges work and said unless their salary and infrastructure are improved, the quantity and quality of justice delivery system will continue to suffer.
Sibal, also the President of Supreme Court Bar Association, said the fact that trial court and district and session courts are loath to grant bail in certain significant matters itself is "symptomatic of the malaise" that has set in.
Speaking at the 'National Conference of the District Judiciary' here, which was inaugurated by Prime Minister Narendra Modi, Sibal said liberty is the foundational substratum of a thriving democracy and any attempt to throttle it impacts the quality of democracy.
He referred to the Chief Justice of India DY Chandrachud often saying that court at the highest level is burdened with bail matters because bail seems to be an exception at the level of trial courts.
He spoke about some recent court verdicts which adhered to the principle 'bail is the rule and jail is the exception' and said the Supreme Court has now reiterated this principle in several recent judgements even in relation to special acts, indicating the axiom must be adhered to.
"The reason why I have emphasised on this issue is that the democratic fabric of a nation is dependent on the court's embracing the significance of liberty in the context of our polity. Liberty is the foundational substratum of a thriving democracy. Any attempt to throttle it impacts the quality of our democracy," Sibal said.
On the state of district courts, Sibal said any structure with a weak foundation will impact the edifice and eventually collapse.
He said talented young people choose not to seek appointments at district courts due to "abysmal conditions" in which the judges operate.
Many of the judges, through sheer hard work and commitment to the cause, are doing yeomen service to the nation even though they are "handicapped by the lack of proper courtrooms and office facilities, supporting staff including stenographers, library facilities at home, appropriate residential accommodation and necessary transportation facilities," he said.
"Needless to mention the meagre salary that those serving the cause of the nation draw to discharge their duties. Unless we are able to improve their conditions of work, both in terms of salary and infrastructure, the quantity and quality of the justice delivery system will suffer," he stressed.
He mentioned pension of judicial officers, their promotions, gender sensitisation, technology and incentive to join judicial services as some of the matters that must be addressed.
Sibal said he doesn't want to call the judiciary at the level of the trial court and district and sessions courts to be "subordinate" because the judge sitting there delivers justice and the question of being considered subordinate to any authority is a contradiction.
"The judiciary at that level should be instilled with the confidence that their judicial pronouncements shall never be held against them and that they represent the spinal cord of the justice delivery system.
"They should have the flexibility and the independence to render judgments in accordance with law without fear or favour. The effectiveness, fairness and integrity of the courts impacts the perception of the public on the credibility of the entire judicial system," he added.
Sibal said the roster at the district courts level is "overburdened' which not only impacts the justice delivery system but the lives of millions. The courts cannot even imagine the mental agony and the economic consequences of these kinds of delays, he said.
"I urge everyone on the dais to urgently address the persistent issues being faced by judges of the trial and district and sessions courts, who are the backbone of our judicial system. It is time for us to make our justice delivery system more efficient, stronger, and viable," he said.
Attorney General for India R Venkataramani, addressing the gathering, said there was a need for a National District Judiciary Capacity Building Commission, as the Supreme Court has long been involved in addressing the concerns of district judiciary.
It is time that it gets institutionalised by the participation of the government and the courts, he said.
"I will also point out that the burgeoning call for rights enforcement and the expansions of our rights horizons have assured new challenges at all levels. Even if one is to critique, I wish to say that there cannot be excessive and undue demands which will stress governance and bring fissures. Rhetoric and responsibilities do not go together," the top law officer said.
He added that the dharma of sharing social cause and social wealth and responsibility is a misunderstood subject.
"All of us therefore called upon to be positive contributors and not armchair critics. We need to be explorers and not shipbreakers," he said.
Bar Council of India Chairman Manan Kumar Mishra said judicial services are supposed to be the best and the most prestigious in comparison to all other services and it commands deepest trust and respect from citizens.
Referring to the recent rape and murder case of a Kolkata doctor, he said suo motu intervention of the CJI and the apex court serves as a powerful reminder by judiciary that it seeks to uphold the law and ensure accountability of the state's deliberate failure to handle the situation.