New Delhi, The Supreme Court on Friday said the establishment of 'Gram Nyayalayas' would help in providing speedy and affordable justice to citizens at its doorsteps and also reduce the huge number of cases pending in trial courts.
A law passed by Parliament in 2008 provided for the creation of Gram Nyayalayas at the grassroots level to provide access to justice to citizens and ensure that no one is denied the opportunity to obtain justice on the grounds of social, economic or other disability. guy.
The apex court directed the chief secretaries of state and registrars general of the high courts to file affidavits within six weeks pointing out details about the establishment and functioning of Gram Nyayalayas, including the infrastructure made available to them.
A bench of Justices B R Gavai and K V Viswanathan passed the order after advocate Prashant Bhushan, appearing for petitioner NGO National Federation of Speedy Justice Societies and others, said that 16 years after the law was passed , only 264 Gram Nyayalayas were operational.
The plea was filed before the apex court in 2019 seeking directions to the Center and all states to take steps to establish Gram Nyayalayas under the supervision of the apex court.
He has said that sections 5 and 6 of the Gram Nyayalayas Act, 2008 provide that the state government, in consultation with the high court, will appoint a 'Nyayadhikari' for each Gram Nyayalaya, who will be a person eligible to be appointed as a judicial magistrate. of first class.
During the hearing, Bhushan said the Act came into force in 2008 and a minimum of 6,000 Gram Nyayalayas should have been established by now.
The court observed that in its view, the establishment of Gram Nyayalayas, apart from providing affordable and speedy justice at home, "would also alleviate the huge number of matters pending before the trial courts."
He said the idea behind the establishment of Gram Nyayalayas appears to be to provide citizens with easy access to justice.
The court observed that the right to justice includes the right to affordable justice.
"We direct the chief secretaries of all states and general secretaries of all high courts to file affidavits within six weeks pointing out details about the establishment and functioning of Gram Nyayalayas in the respective states," he said.
He said the affidavits will also record the details of the infrastructure made available to the Gram Nyayalayas.
The apex court said before filing the affidavits, the chief secretaries of the states and the registrars general of the high courts should meet and coordinate regarding the policy for establishing Gram Nyayalayas in the respective states.
Bhushan said: "The law is from 2008. Sixteen years have passed and we are faced with this pathetic situation where even four per cent of the Gram Nyayalayas have not been established."
He referred to the high court order of January 29, 2020 which had directed states, which were yet to issue notifications for establishment of Gram Nyayalayas, to do so within four weeks, and asked the high courts to accelerate the consultation process with state governments on this problem.
"What is the situation now?" the court asked, adding: "This is not a confrontation."
When one of the advocates appearing in the matter raised the issue of resources available in the tribal areas, the court observed: "Let us not limit it to the tribal areas only."
"We want to know the current status as of today," the court said, and posted the matter for further hearing on September 11.
A law passed by Parliament in 2008 provided for the creation of Gram Nyayalayas at the grassroots level to provide access to justice to citizens and ensure that no one is denied the opportunity to obtain justice on the grounds of social, economic or other disability. guy.
The apex court directed the chief secretaries of state and registrars general of the high courts to file affidavits within six weeks pointing out details about the establishment and functioning of Gram Nyayalayas, including the infrastructure made available to them.
A bench of Justices B R Gavai and K V Viswanathan passed the order after advocate Prashant Bhushan, appearing for petitioner NGO National Federation of Speedy Justice Societies and others, said that 16 years after the law was passed , only 264 Gram Nyayalayas were operational.
The plea was filed before the apex court in 2019 seeking directions to the Center and all states to take steps to establish Gram Nyayalayas under the supervision of the apex court.
He has said that sections 5 and 6 of the Gram Nyayalayas Act, 2008 provide that the state government, in consultation with the high court, will appoint a 'Nyayadhikari' for each Gram Nyayalaya, who will be a person eligible to be appointed as a judicial magistrate. of first class.
During the hearing, Bhushan said the Act came into force in 2008 and a minimum of 6,000 Gram Nyayalayas should have been established by now.
The court observed that in its view, the establishment of Gram Nyayalayas, apart from providing affordable and speedy justice at home, "would also alleviate the huge number of matters pending before the trial courts."
He said the idea behind the establishment of Gram Nyayalayas appears to be to provide citizens with easy access to justice.
The court observed that the right to justice includes the right to affordable justice.
"We direct the chief secretaries of all states and general secretaries of all high courts to file affidavits within six weeks pointing out details about the establishment and functioning of Gram Nyayalayas in the respective states," he said.
He said the affidavits will also record the details of the infrastructure made available to the Gram Nyayalayas.
The apex court said before filing the affidavits, the chief secretaries of the states and the registrars general of the high courts should meet and coordinate regarding the policy for establishing Gram Nyayalayas in the respective states.
Bhushan said: "The law is from 2008. Sixteen years have passed and we are faced with this pathetic situation where even four per cent of the Gram Nyayalayas have not been established."
He referred to the high court order of January 29, 2020 which had directed states, which were yet to issue notifications for establishment of Gram Nyayalayas, to do so within four weeks, and asked the high courts to accelerate the consultation process with state governments on this problem.
"What is the situation now?" the court asked, adding: "This is not a confrontation."
When one of the advocates appearing in the matter raised the issue of resources available in the tribal areas, the court observed: "Let us not limit it to the tribal areas only."
"We want to know the current status as of today," the court said, and posted the matter for further hearing on September 11.