Document Fragment View
Matching Fragments
Cases of traffic and police challans generally do not require much judicial involvement. However, given the high volume of such cases, they cumulatively take up a significant amount of judicial time. The bulk of these cases deal with the payment of fines and are usually uncontested by parties. For such cases, automation of the system through the ability to pay fines online or at a designated counter in the Court complex, can significantly free up valuable Court time. For the remainder, the Commission considers that the creation of separate Special Traffic Courts, over and above the regular Courts, may significantly reduce the burden on regular Courts. These Special Courts can sit in two shifts (morning and evening). Since most such cases are not contested and do not involve lawyers, the shift system is not likely to inconvenience other stakeholders. In fact, the evening Court shift is likely to assist parties to come to Court after work hours and pay their fines. Recent law graduates can be recruited on a temporary basis (e.g., for 3 year periods) to preside over these Courts.21 However, cases in which there is a possibility of imprisonment, should be tried by regular Courts.
Further, even if ad hoc judges were to be appointed, additional infrastructure for these Courts would have to be created. Though the National Vision Statement recommended adopting a shift system to overcome the infrastructure problem,33 this proposal has been resisted by members of the Bar since it significantly increases their working hours.34 Significantly, the Central Government, the Conference of Chief Justices and Chief Ministers, and the Advisory Council of the National Mission for Justice Delivery and Legal Reforms, have all proposed the doubling of the current judge strength.35 As per the information supplied by the Department of Justice to the Justice Malimath Committee recommended the bifurcation of additional judicial strength into permanent judges required to dispose of current filings, and additional ad-hoc judges to deal with arrears. Malimath Committee Report, p. 164. See also Parliamentary Standing Committee on Home Affair, 85th Report on Law's Delays: Arrears in Courts ΒΆ 45 (2001) (advocating appointing ad hoc Judges to clear pendency within a three year time frame). See further 14th Law Commission Report, p. 148 (engaging in a similar analysis, the Law Commission recommended the creation of temporary additional Courts for dealing with cases over a year old, and augmenting the strength of the permanent judiciary so that disposals and institutions break even, and there is no new creation of arrears).