Salem Advocate Bar Association, T. Nadu v. Union of India
2007-01-05
C.K.THAKKER, MARKANDEY KATJU, Y.K.SABHARWAL
body2007
DigiLaw.ai
ORDER : Y.K. Sabharwal, CJI:-. We have perused the affidavit filed on 21st December, 2006 on behalf of the Ministry of Law and Justice. It, inter alia, gives details of various nodal officers appointed to respond to the notices served on the Government under Section 80 CPC. It further states that constitution of a Committee to be headed by Hon'ble Mr.Justice M.Jagannadha Rao, former Judge of this Court and former Chairman of the Law Commission, to examine the issue of Judicial Impact Assessment in terms of the directions of this Court contained in the judgment in the case of Salem Advocates Bar Association is under active consideration and it is proposed to include in the said Committee/Task Force Prof. (Dr.) N.R.Madhava Menon, former Director, National Judicial Academy, and Dr.Mohan Gopal, the present Director of the National Judicial Academy and Shri T.C.A. Anant, Member - Secretary of the ICSSR and that the proposal is awaiting the approval of the Prime Minister. 2. Regarding conciliation/mediation and funds required therefor, the learned Solicitor General submits that the matter is being taken up with the Planning Commission. The Planning Commission, the affidavit states, has been asked to examine the feasibility of making special financial allocation for the judiciary for 'including the expenses involved for setting up of mediation/reconciliation centres all over the country'. The response from the Planning Commission is said to be awaited. 3. We hope that these pending matters would be sorted out soon and a final decision taken whether it be in respect of approval of the Task Force or the decision of the Planning Commission for the financial allocation expeditiously. We have requested the learned Solicitor General to take up the matter at the earliest having regard to its impact on the judicial system in the matter. 4. On request of the learned Solicitor General, we adjourn the matter for four weeks. 5. Such of the State Governments and Union Territories which have not responded to the suggestions in respect of the appointment of nodal officers to deal with the statutory notices served on the Government under Section 80 Civil Procedure Code or other similar provisions in the State Act, and for considering making the provision for refund of court fee are directed to respond finally within four weeks. 6. Copies of this order shall be sent to the Chief Secretaries of the States which have not responded so far.
6. Copies of this order shall be sent to the Chief Secretaries of the States which have not responded so far. The Chief Secretaries shall ensure that the needful is done and file their personal affidavits within four weeks from today. 7. The High Courts of Patna, Gauhati and Jammu & Kashmir are requested to finalise the matter in regard to the draft rules referred to in the judgment, i.e., Alternate Dispute Resolution and Mediation Rules, the Model Case Flow Management Rules and the rules relating to the appointment etc. of the Local Commissioners within four weeks from today and the Registrar Generals of those courts shall file the reports within the same time.