INAUGURATION OF. New Combined Court Building & Judicial Officers Quarters Krishnagiri,

Transcription

1 INAUGURATION OF New Combined Court Building & Judicial Officers Quarters Krishnagiri, Family Court & Additional Mahila Court (Magisterial Level), Krishnagiri, Additional Sub Court, Hosur and Additional District Munsif Court, Denkanikottai Hon ble Mr. Justice S.S. Sundar and Krishnagiri 5 th January, 2019 Hon ble Mrs. Justice T. Krishnavalli, Judges of the Madras High Court and Portfolio Judges for Krishnagiri District, Mr. P. Balakrishna Reddy, Hon ble Minister for Youth Welfare & Sports Development, Government of Tamil Nadu, Mrs. G. Kalavathi, Principal District & Sessions Judge, Krishnagiri, Mr. K. Balasubramanian, Chief Judicial Magistrate, Krishnagiri, Dr. S. Prabhakar, District Collector, Krishnagiri, Mr. D. Mahesh Kumar, Superintendent of Police, Krishnagiri, Mr. R. Anbarasan, Executive Engineer, Public Works Department, Mr. G.H.L. Ashok Anand, President, Bar Association, Krishnagiri, Mr. D.M. Shivashankar, President, Bar Association, Hosur, Mr. M. Gnanasekaran, President, Bar Association, Denkanikottai, Judicial Officers of Krishnagiri District, Dignitaries off the dais, Respected Senior Advocates, Members of various Bar Associations, Ladies and Gentlemen, YELLORUKKUM KAALAI VANAKKAM! 1

2 I feel happy and privileged to inaugurate the beautiful new Combined Court Building & Judicial Officers Quarters at Krishnagiri, Family Court & Additional Mahila Court (Magisterial Level) at Krishnagiri, Additional Sub Court at Hosur and Additional District Munsif Court at Denkanikottai. This is my first official visit to the scenic town of Krishnagiri. Situated at the bottom of Syed Basha Hills, surrounded by green valleys, hills and hillocks, Krishnagiri finds itself strategically placed, connecting the three major Southern States of Tamil Nadu, Andhra Pradesh and Karnataka. The name Krishnagiri comes from Krishna, which refers to black and giri, which refers to hill. This district is gifted with black granite hillocks and hence named Krishnagiri. The region came under the rule of Krishna Deva Raya and thus might have been named after the King. As far as judicial administration in Krishnagiri is concerned, references in relation to it have been traced from as early as the Vijayanagara Rule. There is said to have been an Imperial Court in the capital under the control of the King. The empire was divided into a number of Mandalas, headed by the Mandalathipathi and there was a sub-court in each mandala. The crimes committed in the temples were adjudicated by the Temple Trustees. Under the East India Company, judicial administration was streamlined. Dr. B.S. Baliga in his Studies in Madras Administration, explains the structure of judiciary which existed in Krishnagiri before The Court of Circuit was the highest court. Sadar Adalat looked after the civil matters and Foujdari Adalat 2

3 looked after criminal matters. The Judges were assisted by Qazi, Mufti and Pandit. Justice was rendered to Muslims according to Muhammaden Law and to Hindus according to the Hindu Law. The District Munsif Court, Krishnagiri is said to be one of the oldest courts in the State of Tamil Nadu. Though the exact date of establishment of this court is not known, there are records to show that the said court has been functioning from as early as 1802 under Regulation II of the British Administration. Krishnagiri was also the seat of one of the four Courts of Appeal in the erstwhile Madras Presidency, which extended from Gangam (Odisha) to Kanchipuram and from Mangalore to Madras. Coming to the present day judicial set up of Krishnagiri District, the following courts are functioning as on date in the district :- Principal & Additional District Courts Special District & Sub Courts to deal with MCOP Cases Sessions Court, Magalir Neethi Mandram (FTC Mahila Court) Chief Judicial Magistrate and District Munsif Courts Principal Sub Court Additional Special Court to deal with Groundnut Oil racket cases Judicial Magistrate Court Nos.I & II (Juvenile Justice Board) (also to try CBCID cases for the entire district) and Special Judicial Magistrate Court for Exclusive Trial of Land Grabbing cases Other than those at the district headquarters, there are courts of various cadres at Hosur, Uthankarai, Pochampalli and Denkanikottai as well. Of these courts, the Fast Track Mahila Court in the cadre of District Judge was hitherto functioning in a private building on a monthly rent of Rs.12,380/-. The other courts were functioning in the existing combined court building, which was 3

4 originally built to accommodate only four courts, facing a severe space crunch and without even the basic amenities. On the High Court s request, the Government accorded sanction for a sum of Rs Lakhs for construction of a Combined Court Building to accommodate eight courts and a further sum of Rs.297 Lakhs for construction of four Judicial Officers Quarters. Thus, the present Combined Court Building consisting of eight court halls and four Judicial Officers Quarters has come about. As regards the history of Family Court in Tamil Nadu, after the Family Courts Act, 1984 came into force in the State in 1985, the very first Family Court was established in the city of Chennai, followed by such courts at Coimbatore, Madurai and Salem. As on date, there are 20 Family Courts in the State, with four at Chennai, two at Coimbatore and one each in 13 revenue districts, including Madurai and Salem. Although there is one Fast Track Mahila Court in Krishnagiri, it is dealing with only sessions cases and hence, there arose a need to have an exclusive Family Court to try matrimonial disputes at Krishnagiri. Based on the request of the High Court, the Government issued orders constituting the Family Court at Krishnagiri. With an exclusive Family Court now at Krishnagiri, 388 family dispute cases are proposed to be transferred from other courts to the newly constituted court. 4

5 As regards the Additional Mahila Court (Magisterial Level), which is another court being inaugurated today, based on the recommendations of the High Court, the Government issued orders for constitution of 22 Additional Mahila Courts in the cadre of Judicial Magistrate. Pursuant thereto, orders were issued constituting the Additional Mahila Court in the cadre of Judicial Magistrate at Krishnagiri. 351 Cases filed against women are proposed to be transferred to this newly constituted Fast Track Mahila Court. Coming to the new court at Hosur, on the request of the High Court, the State Government issued orders for constitution of an Additional Sub Court at Hosur in Krishnagiri District and the Notification to this effect was issued on Out of the 3141 cases pending on the file of the Sub Court, Hosur, 1352 cases are proposed to be transferred to the newly constituted Additional Sub Court, Hosur. As for the Additional District Munsif Court, Denkanikottai, the High Court requested the State Government and the Government issued orders constituting an Additional District Munsif Court at Denkanikottai, followed by necessary Notification. Out of the 850 cases pending on the file of the District Munsif Court, Denkanikottai, 527 cases are proposed to be transferred to the newly constituted court. 5

6 The High Court has also issued orders posting Judicial Officers to preside over all these new courts. As I said earlier, the first ever court was established at Krishnagiri way back in 1802, and the fact that courts here have thrived for more than 200 years is a tribute equally to the Krishnagiri Bar, which has played a significant role in shaping up the history of legal profession in the region. This Bar has seen a distinguished personality like Dr. C. Rajagopalachari, fondly known as Rajaji, who hailed from a small village in this district and rose to the highest position in the nation as the first Governor General of independent India, leader of the Congress Party, and as Chief Minister of Tamil Nadu. I am told that a number of lawyers who started their practice here have gone on to serve in different capacities, be it Members of the State Legislative Assembly, District Munsifs, Judges of the High Court and Supreme Court of India. Rose E. Bird, American jurist; Chief Justice, Supreme Court of California, Los Angeles Times, said, and I quote : Courts hold a unique position among our democratic institutions. In a sense, they represent one of our last bastions of participatory democracy, in which disputants go directly before a judge or jury to resolve an issue. In no other governmental context does an individual have the opportunity to take a problem to a decision-maker who represents the full force and power of that particular branch of government. This direct interchange between the individual and the state is at the heart of the democratic process. We must protect this unique heritage and strive to preserve the values it represents. 6

7 In a democratic setup, the judicial system exists for the service of citizens and regard for the public welfare is the highest law. Courts in the lower hierarchy form the backbone of the edifice of judicial institutions. Legal 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. We, the judges and lawyers, constitute an important cog in the wheel of justice under the rule of law. The purpose and end of law is the welfare of the society. The supreme law of the land is for the welfare of the society. Access to justice means unhindered, expeditious justice to every individual. Legal profession is, therefore, under an obligation to deliver speedy justice to litigants. It becomes 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. Being in the legal profession, we all know how hard we have to work. But yet, the outside world looks at results. Despite our efforts and the hard work, the number of cases are rapidly increasing. The enormous increase in the volume of work in courts shows that people have become more and more aware of their rights and are no longer willing to submit to arbitrariness anywhere. It is necessary to re-evaluate the functioning of the judiciary and to bring about a qualitative change in the justice delivery system so as to bring it in tune with the hopes and aspirations of the people. We have to devise new methods, forge new tools and innovate new strategies for the purpose of reaching social justice to the common 7

8 man in a speedy manner. Still, the people of this country have great trust and faith on the judiciary. That faith is our strength. It has to be maintained at every cost. Justice H.R. Khanna in his Tagore Law Lectures in 1985 said that the greatest asset and the strongest weapon in the armoury of judiciary is the confidence it commands and the faith it inspires in the minds of the people. The common man considers the judiciary as 'the ultimate guardian of his rights and liberties.' No institution can take for granted the respect of the community. It has high expectations and constantly demands proof of its utility. Dr. S. Radhakrishnan, our former President said, "If people lose respect for law and respect for the courts which administer law, it will be a bad day for us. It is essential for the country to respect law, for the Government of the country to respect law and for the courts to maintain the sanctity and purity of legal administration and dispensation of justice. That is absolutely necessary, if the rule of law has to be continued in this country as it has to be continued." Today, the judiciary is being increasingly called upon to enforce the basic human rights of the poor and the deprived ones and this new development is making the judiciary a dynamic and important institution of the State. It is, therefore, all the more important to always remember these words of the Magna- Carta : "to none shall we deny justice, to none shall we delay justice, to none shall we sell justice." 8

9 Pandit Jawaharlal Nehru had once remarked, "Justice in India should be simple, speedy and cheap". We should be able to translate the dream of Pandit Nehru into reality in the near future. On our part, I can guarantee that the High Court is committed to take earnest steps in addressing the 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. With the establishment of four new courts in Krishnagiri District, much of the burden would be taken away from the courts which have been hitherto dealing with more number of cases, and they would be now in a position to devote more time and attention to the cases on their respective rosters. It is a proud achievement for all of us, including the Government and the Judiciary, that most of the courts in the State of Tamil Nadu now have their own buildings, the latest addition being the Combined Court Building and Judicial Officers Quarters at Krishnagiri. This is a huge shift from the past, when many subordinate courts in the State were functioning from private rented buildings. As I stated earlier, the High Court, in co-ordination with the State Government, is making all possible efforts to create necessary infrastructure for the subordinate judiciary. However, I feel all these measures would prove futile and nugatory if there is no active support from the members of the Bar. That is why I have been emphasizing the hugely important role played by the Bar Associations. Remember, it is the duty of the Bench and the Bar to work in harmony to uphold 9

10 the majesty of our Constitution and facilitate easy, uncomplicated access to justice for the litigant public. As far as the subordinate judicial officers are concerned, they are the root of our judicial system. By their sheer dint of hard work and honesty, they must inspire confidence among the litigant public that justice would be rendered, come what may. For the judicial officers, I would like to quote what Mahatma Gandhi once said : Many people, especially, ignorant ones, want to punish you for speaking the truth, for being correct, for being you. Never apologize for being correct, or for being years ahead of your time. If you are right and you know it, speak your mind. Even if you are a minority of one, the truth is still the truth. As the above words suggest, no matter what you do, there will be fingers pointed at you. If you carry on your work with an uncompromised conscience, you need not worry about any of the accusations hurled at you. Always remember the Constitutional Oath taken by you at the time of entering judgeship, and that is to do discharge your duties without fear or favour, affection or ill will. This will help you sail through smoothly in even the worst of storms. As for the young members of the bar, it is getting harder and harder for them with every passing year and more advocates joining the rolls. The increasing competition makes it tough for budding lawyers, who find the going tough. However, as the popular saying goes, When the going gets tough, the tough get 10

11 going, you should raise your standards to cope up with the situation. Let competition bring the best out of you. I congratulate the Judicial Officers and the Members of the Bar at Krishnagiri for getting more number of courts in their district. I am sure with better infrastructure in place, the job of dispensing justice would become much easier. I thank one and all for the opportunity to be here on this occasion and share a few words with you. NANDRI VANAKKAM. 11