Judiciary should be financially independent: HC

CUTTACK, DEC 5: The judiciary should be financially independent and the Chief Justice be given the power to create posts and courts, beli...

CUTTACK, DEC 5: The judiciary should be financially independent and the Chief Justice be given the power to create posts and courts, believes a Orissa High Court division bench comprising Justices Arijit Pasayat and P C Naik. The judges made the observation in the course of adjudicating a petition filed by Nishamani Mohapatra seeking a direction from the court for quashing a criminal proceeding pending against him for the last 10 years.Indicating the reasons behind the obstruction of speedy trial, the court observed that the hurdles lay not at the level of head of the judiciary but elsewhere.

There is no reason why the power to determine the needs of the judiciary should not be with its head, who is the best person to know its requirements and expansion. The judiciary should be made financially independent and not given low priority in this regard, the bench said. The power to create posts and courts as also funding should rest with the Chief Justice, it maintained.

While rejecting Mohapatra’s plea, thebench observed that though speedy trial was a fundamental right, the court had not been able to guarantee it to every prisoner because of factors beyond its control.

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The government is neither ready to create posts nor does provide funds for buildings, library, furniture and infrastructure so as to equip the judiciary for speedy disposal of cases and smooth dispensation of justice, the judges maintained. Though the number of cases is alarmingly high and litigations are increasing in geometrical proportion, the strength of judges and infrastructure are not increasing even in arithmetical progression. Thus, there is a huge gap between the number of cases and strength of judges and number of courts, the bench added. All together 380 judicial officers in the State are responsible for disposing of 3,23,325 cases, the bench said. Though in the West, there are 90 to 150 judges per one million people, in our country there are only 11 judges for the same population, the bench maintained.

Justice Naik furtherobserved that the judiciary is given the lowest priority in all aspects. The third wing of the State has to depend on the government for every rupee it requires, Justice Naik added.