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Deliver firm and precise verdicts, Punchhi advises judges


Chief Justice of India M M Punchhi advised judges of High Courts and lower courts to deliver `precise, sharp and firm’ judgements duly incorporating all details. “Earlier, judges used to dwell at length on various facets of a case, but judgements are being shortened now. However, shortened judgements may, at times, lack the necessary details and create a communication gap between the higher and lower courts,” Justice Punchhi said on Saturday, after inaugurating the first regional centre of the International Centre for Alternative Dispute Resolutions (ICADR) here.

Welcoming the concept of ADRs, the Chief Justice said that such centres would provide a suitable and viable alternative to the already over-burdened Judiciary. However, they should be made available to all sections of the society and not necessarily restricted to the commercial sphere, he added.

Pointing out that ADR was not a new concept to the country, Justice Punchhi said that Lok Pals and Lok Adalats, with the samesphere of activity, had gained tremendous popularity in the settlement of accident claims and land acquisition cases. Unlike the West, where the system of ADRs had caught up primarily because of the high costs of litigation, the system was yet to be popularised in India, the Chief Justice observed. Further, the amendment of the Arbitration Act, 1940, converted dispute resolution into a three-tier system of independent negotiators, reconciliators and arbitrators which again lead to inordinate delays. “What we need at present is `three-dimensional men’ who can handle the disputes as good negotiators, reconciliators as well as arbitrators and this will go a long way in the speedy redressal of disputes,” he said.

Chief Minister N Chandrababu Naidu, who was the chief guest, said it was high time that the traditional ways of resolving disputes gave way to more simple, cheap and accessible justice through alternative dispute resolution processes. “The judicial system is under immense strain. Despite bestefforts, courts are still overburdened with the seemingly endless complexities of litigations and their sky-rocketing costs. Alternative Dispute Resolution can avoid cost, delay and acrimony,” he pointed out.

Source : indianexpress.com



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