Speech by the
Hon’ble Chief Minister, the Government of Bihar, in the conference of the
Hon’ble Chief Ministers and Hon’ble Chief Justices of the High Court, going to
be held on 05th April, 2015.
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Hon’ble
Prime Minister
Hon’ble
Chief Justice of India
Hon’ble
Law Minister, Government of India
Hon’ble
Chief Ministers
Hon’ble
Chief Justices of High Courts
and
present other distinguished dignitaries.
Sir,
On this auspicious occasion, I would
like to say that the Government of Bihar is committed to achieve development
with Justice in the interest of its citizen. Justice, in true sense of term, is
to concentrate on safeguard of interest of human being through judicial
process. Many steps have been taken for development of judicial process in Bihar and their positive results are being seen.
From the point of view of democratic
decentralization and in order to ensure benefit to the traditional marginal
groups of local administration, amendment has been done in the Indian
Constitution through 73rd Amendment Act, 1992. In this context, the
State Legislature has passed Bihar Panchayat Raj Act, 2006 and provisions for
Gram Kutchehry have been made under this act. These Gram Kutchehries are acting
under their limits as per Bihar Panchayat Raj Act, 2006. Gram Kutchehry is
democratically elected judicial body which gets help from Panchayat Secretaries
and Nyaya Mitras. Nyaya Mitras possessing degrees of law help Gram Kutchehries
in discharging their legal duties, in their capacity. After due consideration
on establishment of village courts in the State of Bihar, under Village Court
Act, 2008 that the jurisdiction of village court is encroaching the
jurisdiction of Gram Kutchehry to a large extent. Hence, the State Government
feels difficulty in establishing the village courts. The budget provision for establishment
of the village courts, is insufficient due to which construction of building
for the office and residence of judge is impossible.
Bihar State litigation Policy, 2011
was framed on the pattern of National litigation Policy under which Complaint
Redressal Committee has been constituted at the State, Department, District and
Sub-Division level. The cases relating to matters and retirement benefits of
the Government Servants are being disposed of expeditiously. Consequent upon
Constitution of the Compliant Redressal Committee the complaints of the
Government Servants have come to the minimum level. In the same way the Chief Secretary
organizes a review meeting every month for speedy disposal of the cases filed
against the State Government so that the common public of the state may get
maximum relief.
It is necessary to find out a
suitable judicial process in order to bring down number of cases pending in the
courts. The State Government is always curious and prompt to participate in
such attempts to meet the said object. It would be pertinent to mention here
that for speedy disposal of cases pending in the courts, besides other cases, a
district level Monitoring Committee being presided over by the concerned
District and Sessions Judge, is in action. This committee consists of the
concerned District Magistrate and the Superintendent of Police. This committee
holds meeting every month to consider the problems and obstacles in disposal of
pending cases and related other problems. Bihar Judicial
Academy
For the purpose of speedy disposal
of pending criminal cases, we have started the speedy trial of the sirious cases
like Kidnapping Arms Act, robbery and other serious criminal cases in the year
2006. Under it, total 92,652 guilty persons have been punished upto the year
2014. But the number of disposed cases under speedy trial began to decrease
from the year 2011 as the financial aid provided by the Government of India for
conducting Fast Track Court Fast Track Court
Under the guidelines of the Hon’ble
Supreme Court, 37 Evening/Morning Courts were established in the State of Bihar in consultation with the Hon’ble High Court but
they could not be successful due to the non co-operation of advocates and the
geographical conditions of Bihar . Consequently
the said Evening/ Morning Courts were closed since 01.01.2014.
183 Fast Track Courts working in the
State of Bihar
During this year, the District
Courts in 5 districts (Araria, Kishanganj, Supaul, Lakhisarai and Banka ) have been established with all facilities. A court
has to be established at Sheikhpura district on 13th April, 2015. At
the same time 18 courts are proposed to be established in 18 Sub-Divisions and
for it, the posts of Judicial Officers and Non-Gazetted posts have already been
created. The proposal of Government of India to increase the number of posts of
Judges in the Patna High Court has also been consented by the State Government.
Provisions of Rs.116 crore have been made for expansion of Hon’ble High Court
and construction of residences for 25 Honourable Judges have been approved.
Posts for 68 Fast Track Courts for
quick disposal of heinous criminal cases like Rape, Dacoity, Dowry Death, Crime
against Children and Women, have been created by the Government of Bihar and direction
has been given to appoint 408 IIIrd and IVth grade employees on Ad-hoc or
contractual basis for assistance of said courts. For the financial year 2014-15
Rs.12 crore 94 lacs have already been sanctioned for expenditure on
computerisation and digitalization of records in High Court and District Courts
under E-Court Mission Mode Project and Rs.4 crore 52 lacs has been sanctioned for
providing 1094 laptops to judicial officers. Under this project Rs.4 crore 33
lacs has been allotted for Honourable High Court and Rs.1 crore 52 lacs for
Subordinate Courts.
In order to make easy and accessible
justice to public, Lok Adalats are being organised by the Legal Services
Authority which has been successful beyond expectation and National Lok Adalat
has also been organised in Bihar in large
scale. Mediation Centres under state plan have been constructed in 10 districts
and under 13th Finance Commission Mediation Centres in 14 judgeship are
under construction out of which work has
completed at most places. Sufficient fund is provided by the State Government
for basic infrastructure of Court. Administrative sanction by the State
Government has been given to projects worth Rs.375 crores for Court buildings
and residential buildings.
In order to strengthen Legal Aid
Services in the State of Bihar
Juvenile Justice Board have been
constituted in 38 districts of Bihar and three member committee of Hon’ble
Judges constituted by Hon’ble the High Court monitor the works of Board from
time to time and also give direction to implement the provisions of the Act in
totality. Said directions are being followed by the State Government.
Observation Homes in 13 districts, children care homes in 19 districts and Open
Shelter Home in 8 districts are being maintained for protection and care of children.
Post of Principal Judge, Family Court has already been created in every
district of Bihar state and a family court in all districts is working
successfully. The work of separate structure for family court by the State Government
is in progress. A new building with all facilities has been constructed by the
State Government for training of Judicial Officers which can accommodate 190
trainees.
The State Government has taken
positive steps for providing reservation to backward classes in Subordinate
Judicary but consent has not been given to this proposal by the Hon’ble High
Court. It is worth mentioning that reservation is being provided to backward
classes in Subordinate Courts and Government services in other states. There is
no any proper reason to adopt separate standard in Bihar .
Therefore, consent may be given to the proposal for providing reservation to
backward classes in judicial services in the State of Bihar
There is need of sufficient fund for
increasing the number of judicial officers and non-gazetted employees and to
expand the basic infrastructure of judiciary. A resourceless state like Bihar is facing problems to fulfil the same with its own
resources. Therefore, it is important to increase financial help under 14th
Finance Commission. It is being felt that 75% co-operation of Central
Government is necessary for providing adequate compensation to persons affected
by criminal offences under atrocities compensation scheme through Legal
Services Authority.
Role of Advocates is important for
providing easy and accessible justice but advocates do not have any facility
available at present in respect thereof. The State Government is desirous to
provide facilities for sitting, Library and Training etc. to Advocates. For
this, scheme is under consideration of the State Government but it is not
possible to provide said facilities by a poor state like Bihar due to lack of
fund. Hence State Government is desirous for providing maximum fund from
government of India under 14th Finance Commission for achieving the
said objects.
You are well acquainted that Bihar
is resource poor state. Inspite of all our efforts the State Government cannot
achieve expected result without the help of Government of India. We need
required financial help from the Government of India for strengthening the
judicial system in the state. Only then we would be able to achieve the aim of development
with justice.
In the last I extend my thanks to
all the dignitaries and with this I conclude my speech.
Thanks.
Jai
Hind!
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