Chief Justice N.V. Ramana and Executives show concern on the trend of disobeying court orders: CJI
Chief Justice N.V. Ramana showed up on 26th December 2021 on the executive for increasingly neglecting and even disobeying court orders, despite the fact that it was supposed to assist and work cooperatively with the judicial system throughout order for the law and order to prevail in the nation. Presiding Judge Ramana was delivering the fifth Lavu Venkateswarlu Endowment Speech on "Indian Judiciary: Future Challenges." He quoted a "non-cooperative executive" as one of the concerns expressed before the judicial system. "Courts do not utilize the purse" Court orders are only efficacious if they are managed to carry responsibly. "The judiciary couldn't be entirely responsible unless the executive and the legislature make genuine efforts to fill vacant jurisdictional positions, designate prosecutors, strengthen infrastructure, and pass legislation with clear foresight and stakeholder analysis," he said.
The CJI indicated on the judicial appointments, "It is nowadays trendy to restate." 'Judges appoint their own judges,'. This is a widely held belief of mine “myths were spread." "In reality, the judiciary is just one of many players in the process.". This system includes the involvement of other authorities such as the Union Ministry Of law, individual states, the Head of state, the State Supreme court, the Intelligence Bureau, and, ultimately, the top executive," he described. "It is unfortunate that the well informed also spread the above-mentioned notion."
After all, this story is adequate for certain sections." Presiding Judge Ramana expressed his gratitude for the government in an effort in appointing several judges in recent years, but did add, "However, a few other recommendations provided by High Courts are still to be transmitted to the Supreme Court by the Federation Law Ministry." The government is likely to hold fast to the timelines established in the Malik Mazhar Case." 'Release the prosecutors.' The Chief Justice of India emphasized the need to liberate the institution of public prosecutors (PPs), saying that PPs under the government did nothing to address spurious and unqualified cases approaching the courts and automatically opposed bail applications without independently applying their minds. "They try to suppress evidence that might empower the suspect during the trial." "A holistic rework is necessary, and a self-sufficient judging panel for general populace prosecutors', initial consultation may be formed to insulate them," he proposed. The Chief Justice expressed his concern about the lack of well-considered legislation.
"Before laws are enacted, there is generally no independent analysis or fundamental constitutional investigations." The absolute minimum expected while drafting legislation is whether it complies with established constitutional principles. They must also consider providing appropriate intervention for every concern that may occur as a result of the law. Nevertheless, it seems that all these principles are being ignored. "This actually contributes to court overcrowding," Chief Justice Ramana explained. Judges are being attacked. Chief Justice Ramana voiced alarm about increasing attacks on judges and said, "At times, there are also highly coordinated campaigns through print media and social media against judicial officers if parties do not receive a favorable order." These attacks appear to be planned and managed and sponsored." He asserted that law enforcement agencies must deal with such attacks effectively and that authorities should not proceed with the investigation process unless the Court issues an order. "Another factor influencing the judiciary's fair functioning and autonomy is the growing number of media trials." "New media tools have enormous reinforcing power, but they appear incapable of differentiating between right and wrong, real or fake," he said. On average, judges hear nearly 40 cases per day, and holidays are spent on pending cases. Even after decades of service, judges were not given reasonable protection, accommodation, or healthcare, after pension. He added that the judge population ratio in India is 21 judges per million people. He went on to say that domain expertise is needed in the judiciary.