Villupuram 11 th December, 2018

Transcription

1 Inaugural Function of Special Court (in the cadre of District Judge) for Trial of Narcotic Drugs & Psychotropic Substances Act Cases at Villupuram and Motor Accidents Claims Tribunal (in the cadre of Senior Civil Judge) at Tindivanam Villupuram 11 th December, 2018 Mr. C.Ve. Shanmugam, Hon ble Minister for Law, Courts & Prisons, Government of Tamil Nadu, Hon ble Mr. Justice M.S. Ramesh, Judge, High Court of Madras and Portfolio Judge for Villupuram District, Ms. B. Sarodjiny Devy, Principal District & Sessions Judge, Villupuram, Mr. R. Gandhi, Chief Judicial Magistrate, Villupuram, Dr. L. Subramanian, District Collector, Villupuram, Mr. S. Jayakumar, Superintendent of Police, Villupuram, Mr. A. Sagadevan, President, Bar Association, Mr. P. Selvakumar, Secretary, Bar Association, Villupuram, Mr. K. Tamilselvan, President, Criminal Court Bar Association, Mr. A. Sankaran, Secretary, Criminal Court Bar Association, Villupuram, Mr. R. Subburayalu, President, Criminal Court Advocates Association, Mr. T. Elamvazhuthi, Secretary, Criminal Court Advocates Association, Villupuram, Mr. V. Govindarajalu, President, Villupuram Lawyers Association, Mr. K. Radhakrishnan, Secretary, Villupuram Lawyers Association, Mr. S. Arunagiri, President, Bar Association, Mr. M.D. Babu, Secretary, Bar Association, Tindivanam, 1

2 Mr. R.E. Swaminathan, President, Advocates Association, Mr. B. Chakaravarthy, Secretary, Advocates Association, Tindivanam, Mr. S. Mohanraj, President, Lawyers Welfare Association, Mr. G. Girubakaran, Secretary, Lawyers Welfare Association, Tindivanam, Dignitaries off the dais, Judicial Officers of Villupuram District, Senior Advocates, Members of the Bar, Ladies and Gentlemen, YELLORUKKUM VANAKKAM! It is my proud privilege to inaugurate the Special Court (in the cadre of District Judge) for trial of Narcotic Drugs & Psychotropic Substances Act Cases at Villupuram and the Motor Accident Claims Tribunal (in the cadre of Senior Civil Judge) at Tindivanam. This is my first visit to a Subordinate Court outside the city of Chennai in connection with the inauguration of two new courts in Villupuram District. Villupuram is home to the historic Gingee Fort ( Chenji or Senji in Tamil), termed as the Troy of the East by the British, which is situated nestled between three hillocks. The world renowned Auroville, an 2

3 international township endorsed by UNESCO, is also located in Villupuram, as also the famous Marakkanam Beach. As far as the Judicial Setup in Villupuram District is concerned, presently there are 19 Courts functioning at Villupuram, in various cadres right from the Principal District Judge s Court upto the Judicial Magistrates Courts. In Tindivanam, which is the second biggest town in Villupuram District, there are eight courts in cadres, ranging from the District Judge s Court to the Judicial Magistrates Courts. In addition, there are courts in various cadres at other prominent towns of the district, i.e. at Kallakurichi, Gingee, Ulundurpet, Thirukovilur, Sankarapuram and Vanur. As regards the newly constituted courts, Villupuram is quite a big judicial district and hitherto, the cases relating to NDPS Act of Villupuram were being dealt with by the Special Court dealing with EC & NDPS Court at Thanjavur, being the jurisdictional court for NDPS cases arising from Villupuram. With due respect, I feel that cases relating to special enactments need special courts to deal with in the respective district, and it was high 3

4 time there was an exclusive court here for dealing with cases under the NDPS Act. Based on the request of the Principal District Judge, Villupuram and necessary approval by the High Court, a proposal was sent to State Government for constitution of a Special Court at Villupuram for the trial of Narcotic Drugs & Psychotropic Substances Act Cases in the cadre of District Judge in Villupuram District. The Government issued orders for constitution of the said court on and on , the Notification was issued setting up the said Court under Section 36(1) of the NDPS Act, With an exclusive court to deal with cases under the NDPS Act now at Villupuram, a total of 172 cases would be transferred to the newly constituted special court, which would facilitate the litigants and the advocates alike. As far as Tindivanam is concerned, its name is derived from Tinthri-vanam, meaning Jungle of Tamarind. As stated above, it is the second biggest town in Villupuram District. There was a long felt need for having an exclusive court dealing with MCOP cases at Tindivanam, as the nearest courts thus far dealing 4

5 with MCOP cases were the Special District Court and Special Sub Courts for MCOP Cases at Villupuram. The Bar Association, Tindivanam, sensing this long felt need, passed a resolution requesting the High Court to set up an exclusive court for MCOP cases at Tindivanam. After considering the statistical particulars, the High Court forwarded a proposal to the State Government on for constitution of an exclusive Motor Accident Claims Tribunal in the cadre of Senior Civil Judge at Tindivanam. The Government issued orders constituting the said court on and followed it up with Notifications setting up the said Court under Sections 165(1) and 165(2) of the Motor Vehicles Act, 1988 and also under Sections 4 and 10 of the Tamil Nadu Civil Courts Act, Villupuram is located on National Highway NH-45 and is one of the prominent road junctions and as such, the region witnesses quite a number of road accidents. The distance between Villupuram and Tindivanam is about 40 kilometers, and with a court exclusively dealing with MCOP cases now at Tindivanam, it would become much more convenient for litigants and lawyers, and both would stand benefited in terms of costs and time spent. It needs no emphasis that people should not only get justice within reasonable time, but it should also be cost 5

6 effective, and establishing a special court to deal with MCOP cases is a step in the right direction. With the setting up of the new Court, a total of 1,968 MCOP Cases pending on the file of the Principal and Additional Sub Judge, Tindivanam would be transferred to the newly constituted court. The High Court has issued orders posting Judicial Officers in the cadres of District Judge and Senior Civil Judge respectively to preside over these new Courts. Traditionally, the Subordinate Courts in the State of Tamil Nadu have followed the rich traditions of the Madras High Court, which is one of the three Chartered High Courts in India, and they have done their part in the noble cause of administering justice. It is often seen that courts in the lower hierarchy have many highly competent lawyers, some of whom rise from this level and go on to achieve greater heights, while some choose to stick to their nativity and excel in their given domain. It would not be out of place here to quote the legal maxim, Salux populi est suprema lex, meaning regard for the public welfare is the highest law, which is the foundation of any beneficial legal system. In a democratic setup, judicial system exists for the service of citizens. 6

7 Mounting arrears, procedural delays and spiraling costs of litigation has put the credibility of justice delivery system at stake. The corresponding rise in population and increased awareness among general public has given rise to consequential increase in the amount of litigation. A huge number of cases are pending in subordinate courts in our State. It is the bounden duty of the Bench as well as the Bar, not only to strengthen the justice administration system, but also improve the quality of service which we offer to the litigants. The High Court is taking earnest steps in addressing this problem of pendency of cases by adopting various measures, one of which is to increase the number of courts and posting adequate number of judicial officers to man these courts. I think by establishing these new courts, at least some burden would be taken away from the courts which have been hitherto dealing with these cases. As a result, the regular courts would be in a position to devote more time and attention to the cases on the respective roster. The profession with which all of us are associated is a noble and service oriented one. Society has a legitimate expectation from us to provide access to justice, that too, in a speedy manner. Access to justice means unhindered, expeditious justice to every individual. Legal 7

8 profession is, therefore, under an obligation to delivery speedy justice to litigants. It is a proud achievement for all of us that most of the courts in the State of Tamil Nadu now have their own buildings, which is a far cry from the past when many of the subordinate courts were functioning from private rented buildings. I acknowledge the contribution of the State Government, especially the efforts put in by our Hon ble Law Minister, Thiru. C.Ve. Shanmugam, in matters relating to provision of infrastructure to the judiciary in the State. I can assure you that the High Court, in co-ordination with the State Government, will make all possible efforts to create necessary infrastructure for the subordinate judiciary. However, I am afraid, our role ends here. Once the facilities are in place, it is for the stakeholders concerned, viz. the subordinate judiciary and the respective Bar Associations, to take care of the interests of the most important constituent of the entire system, for which all this infrastructure is being provided, and that is the litigant public. It is only when the litigant s interests are served can we be said to have achieved the constitutional obligation of administering justice to all. 8

9 The Chairman of the First Law Commission, Mr. M.C. Setalwad once remarked, Insofar as a person is unable to obtain access to a court of law for having his wrong redressed, justice becomes unequal and laws which are meant for his protection fail in their purpose. Merely increasing the number of courts or judicial officers will not be enough to answer the problem of mounting arrears. We need to increase our efficiency by adopting innovative methods and taking the help of growing technological advancements. The Supreme Court of India and the High Court are zealously undertaking the e-courts Project, and active co-operation by the subordinate courts, which includes the Bar, will speed up the process and help achieve effective results. I think you would agree with me that all these measures would prove futile and nugatory if there is no active support from the members of the Bar. That is why I constantly emphasize the role of the Bar as of immense importance. Bar Associations, especially at the mofussil level, have a seminal function of maintaining high standards set by illustrious predecessors, by which they can render adequate assistance to the litigants who come knocking at the doors of the Court. In the words of Mahatma Gandhiji, A small body of determined bar fired by an unquenched belief in the mission of reducing pendency of cases can alter 9

10 the course of judiciary. We should collectively strive forward to turn these golden words into reality. I am of the humble opinion that the Bench and the Bar must always work in harmony to uphold the majesty of the Indian Constitution by our collective expertise. I would like to conclude by recollecting the following words of U.S. President J.F. Kennedy, Ask not what the system can do for you, Ask what you can do for the system. I congratulate the Judicial Officers and the Members of the Bar of Villupuram District for getting the new courts established. I am sure with better infrastructure in place, both in terms of men and machinery, your job to fulfill the noble cause of dispensing justice would become easier. Thank you for giving me an opportunity to be present here on this occasion and share a few words with you. NANDRI VANAKKAM. * * * * * 10