When will the vacancies in judiciary be filled?
Legislature, executive and judiciary are three significant pillars of constitution. For democracy to work well, there has to be good coordination between all the three pillars. They have to balance and co-exist, along with complementing each other. This is the most important requirement. But in the recent times, one rarely sees any well-coordinated effort between them. This has led to unrest among judiciary as well. Thousands of jobs in lower courts are lying vacant across the country. This has led to delay in cases being concluded.
Supreme Court has been insisting that they be filled at the earliest but to no avail. Last week Supreme Court even expressed its displeasure over the vacancies not being filled up. This is not a good development. Many posts of judges in lower courts have not been filled up. Staff recruitments are also being delayed. Considering the increase in population, courts need to add more space to their infrastructure for quick disposal of cases. Courts need judges’ quarters to be built sooner than later. The Supreme Court and High Court have fixed a time frame for this work to be completed. SC has expressed extreme displeasure over the functioning of Delhi, Uttar Pradesh, West Bengal, Assam, Manipur, Meghalaya pertaining to this work.
Karnataka’s time will come on December 5. Kerala, Gujarat, Himachal Pradesh, Jharkhand states are also in the same boat. Across the lower courts, there are about 2,20,836 jobs in the country. About 5,133 posts are vacant till now. Supreme Court has drawn the attention of states regarding this sometime ago and directed them to submit a report on the work done so far regarding the matter. But nothing has worked.
Judiciary is not getting as much support and facilities as the other two pillars – Legislature and Executive – get. Supreme Court has been often begging the central government to fill the vacancies at the earliest. Few months ago, justice T S Thakore had shed tears before PM Modi at an event that was organized to inaugurate the conference of chief justices of High Court, along with CMs from the states. The population of the country has increased manifold. Undecided cases growing in numbers with every passing day. Since the post of justices are lying vacant, cases cannot be concluded. And this delay should not happen since this also causes delay in imparting justice to the aggrieved.
Judiciary seeks increase in the number of justices from 21,000 to 40,000. But the government, especially executive, isn’t responsing favourably is the main grouse. This has led to thousands of undertrials languishing in jails across the country. Their futures are dark now. When justice Thakore wept over this issue before the PM, Modi had assured resolution of the issue sooner than later. But nothing has moved from then to now.
Earlier, there were ten judges to every ten lakh people. Indian Law Commission had recommended that this ratio be increased to 50. Supreme Court had given concurrence over this matter and Parliamentary committee to had said yes to this. But none of this worked to meet a logical end. Now, every ten lakh people have only 15 judges to sort out their cases. By 1987, the required number was 40 judges per ten lakh. Now the population has grown manifold. Lower courts have 2.84 cases pending. Supreme and High Court put together this number comes up to 3.5 cr in all. Majority of the cases are awaiting hearing since the last five years. Thousands and lakhs of undertrials are waiting for the next date of their hearing. At times like this, the paralysed working style of executive is condemnable. Democracy cannot be upheld by ignoring judiciary. Hence the central government has to immediately attend to this issue as soon as possible.
Though the matter as grave that the Chief Justice of Supreme Court shed tears before the PM, nothing has worked. What does that mean? The centre is callous about the judiciary. If this continues, this will cast its shadow on the entire nation and systems that work within. Human rights would be violated because undertrials have to languish in the jail owing to no hearing of their case. The government needs to wake up sooner than later over this and fill up the posts of Judges in the courts, including high court. If this can be attended to, the future crises regarding this can be averted.
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MP HC sets up judicial commission to probe water contamination in Indore
Indore (PTI): The Indore bench of Madhya Pradesh High Court on Tuesday set up a commission of inquiry comprising a former HC judge to probe the issue of water contamination in city's Bhagirathpura, saying the matter requires probe by an independent, credible authority and "urgent judicial scrutiny".
It also directed the commission to submit an interim report after four weeks from the date of commencement of proceedings.
A division bench of Justices Vijay Kumar Shukla and Alok Awasthi constituted the commission while hearing several public interest litigations (PILs) filed simultaneously regarding the deaths of several people in Bhagirathpura due to the consumption of contaminated water.
The HC reserved the order after hearing all the parties during the day, and released it late at night.
The state government on Tuesday told the HC that the deaths of 16 people in Indore's Bhagirathpura area was possibly linked to a month-long outbreak of vomiting and diarrhoea caused by contaminated drinking water.
The government presented an audit report of 23 deaths from the current gastroenteritis epidemic in Bhagirathpura before the bench, suggesting that 16 of these fatalities may have been linked to the outbreak of vomiting and diarrhoea caused by contaminated drinking water.
The report, prepared by a committee of five experts from the city's Government Mahatma Gandhi Memorial Medical College, stated that the deaths of four people in Bhagirathpura were unrelated to the outbreak, while no conclusion could be reached regarding the cause of death of three other people in the area.
During the hearing, the high court sought to know from the state government the scientific basis behind its report.
The division bench also expressed surprise at the state government's use of the term "verbal autopsy" in relation to the report, sarcastically stating that it had heard the term for the first time.
The HC expressed concern over the Bhagirathpura case, stating that the situation was "alarming," and noted that cases of people falling ill due to contaminated drinking water have also been reported in Mhow, near Indore.
In its order, the HC said the serious issue concerning contamination of the drinking water supply in Bhagirathpura area allegedly resulted in widespread health hazards to residents, including children and elderly persons.
According to the petitioners and media reports, death toll is about 30 till today, but the report depicts only 16 without any basis or record, it said.
It is averred that sewage mixing, leakage in the pipeline, and failure of civic authorities to maintain potable water standards have led to the outbreak of water-borne diseases. Photographs, medical reports, and complaints submitted to the authorities prima facie indicate a matter requiring urgent judicial scrutiny, the HC said.
"Considering the gravity of the allegation and affecting the right to life under Article 21 of the Constitution of India and the need for an independent fact-finding exercise, the Court is of the opinion that the matter requires investigation by an independent, credible authority," it said.
"Accordingly, we appoint Justice Sushil Kumar Gupta, former judge of the Madhya Pradesh High Court, a one-man commission of inquiry into the issues relating to water contamination in Bhagirathpura, Indore, and its impact on other areas of the city," the HC added.
As per the order, the commission shall inquire into and submit a report on the cause of contamination -- whether the drinking water supplied to Bhagirathpura was contaminated; and the source and nature of contamination (sewage ingress, industrial discharge, pipeline damage etc).
The panel will also probe the number of actual deaths of affected residents on account of contaminated water; find out the nature of disease reported and adequacy of medical response and preventive measures; suggest immediate steps required to ensure safe drinking water as well as long-term infrastructural and monitoring reforms.
It will also identify and fix responsibility upon the officers and officials found prima facie responsible for the Bhagirathpura water contamination incident, and suggest guidelines for compensation to affected residents, particularly vulnerable sections.
The commission shall have powers of a civil court for the purpose of summoning officials and witnesses; calling up records from the government department, hospitals, laboratories and civic bodies; ordering water quality testing through accredited laboratories; conducting spot inspections.
All state authorities involving district administration, Indore Municipal Corporation, public health engineering department and Madhya Pradesh Pollution Control Board shall extend full co-operation and provide records as sought by the commission, it said.
The state government shall provide office space, staff, and logistical support to the commission, it said.
During the hearing in the day, the state government also presented a status report to the court in this matter.
According to reports, a total of 454 patients were admitted to local hospitals during the vomiting and diarrhea outbreak, of whom 441 have been discharged after treatment, and 11 are currently hospitalised.
According to officials, due to a leak in the municipal drinking water pipeline in Bhagirathpura, sewage from a toilet was also mixed in the water.
