The Telegraph
Since 1st March, 1999
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A just case for Bar bypass

Paulash Dash,
Taltala Lane.

The Indian judicial system is one of the worst in terms of time taken to dispense justice. We want the court to settle our disputes, but such long waits make us feel desperate. In this backdrop, out-of-court settlement is justified.

Aakash Kamal Misra,

Considering the way in which the judicial system works in India, out-of-court settlement is a sensible move to break the legal logjam. But this system should be used only in civil cases. Criminal cases should continue to be heard in court.

Arindam Basu,

One manís meat is another manís poison. So when a case drags on indefinitely, the lawyer is happy to pocket his fees though the litigant suffers. Lok Adalats have been introduced to deal with long-pending cases. To evade the legal logjam, out-of-court settlement is definitely a good idea.

Diptimoy Ghosh,
Salt Lake City.

No, out-of-settlement cannot be accepted in all cases. Even if a settlement is reached outside the court, it should be vetted by the court, to avoid any complication that may arise in future. Involvement of the court cannot be totally bypassed. Perhaps out-of-court settlement will ease the courtís burden; but without the courtís stamp of approval, this sort of settlement will not get recognition.

Virendra Shah,
Amratalla Lane.

In view of the large number of pending cases, it is essential to settle most cases out of court. This will save time, money and energy. Otherwise, justice delayed is justice denied.

Abhishek Arya,
Minto Park.

Yes, out-of-court settlement is the best way out of legal logjams. Nowadays everybody knows about the malpractices that are associated with judicial procedures ó from registering a case till the verdict is reached. Moreover, it may take years for a court to come to a decision, which is time-consuming and a waste of money. Out-of-court settlement is cheaper, saves time and can be reached at with the consent of all parties concerned.

Piyal Mukherjee,
Lake Town.

Waiting for a court verdict on minor issues is a waste of time. Out-of-court settlement will minimise the loss of labour, money and time. To facilitate speedy settlement of disputes, out-of-court settlement can play an important role. It will be of great help to the parties concerned if the dispute is settled amicably with the mediation of a third party.

B. N. Bose,
Dum Dum Park.

The way court cases have accumulated, it will be better if long-pending cases are settled out of court. Culprits make the most of the long time that is spent in legal paraphernalia. Peoplesí courts can be held with retired judges to decide on cases out of court promptly.

Abul Fateh Kamruddin,

Out-of-court settlement is the best way to dispense justice. Justice delayed is justice denied. Court cases continuing for years put litigants through unimaginable hardship. Even judges should advise litigants to make out-of-court settlement.

Saadia Sitwat,
Linton Street.

An out-of-court settlement is surely the way out of the legal logjam. Court cases have always proved to be a nightmare for the litigants, who have to make endless rounds of the court in hope of speedy judgment and only end up getting yet another date for yet another hearing.

Udayan Banerjee,

No. This may provide a temporary solution for both parties, but not a permanent one. After a while, the dispute may arise again. Without the interference of the court, complex matters cannot be settled. What we need are speedy trials and more judges to handle the piled-up cases.

Udita sen,
Address not given.

Out-of-court settlement is definitely not the remedy to get rid of the legal logjam because in most cases, it creates more problems than it solves. Thus, it is better to opt for the legal procedure.

S.S. Almal,
Address not given.

Out-of-court settlement may be the best solution out of the legal logjam. This will help in avoiding delays.

Tapan Pal,

Such settlements do not have the sanctity and enforceability of a judicial judgement. Why is the judiciary there if it cannot deliver, and allows others to encroach upon its domain' After all, para goons must not be a substitute for the Bench and the Bar.

Prahlad Agarwala.
Majdia, Nadia.

Given that there are lakhs of cases pending in different courts all over the country, people have lost much faith in the judiciary. So out-of-court settlements, especially in cases like divorce, land disputes and minor quarrels, is the pragmatic way out of a legal logjam.

Arunava Bose Chowdhury,

Though some people prefer to move court to settle even minor disputes, I do not support out-of-court settlement. In case this practice comes into effect, who will decide which cases will come under the purview of the court and which will not' Besides, no one can deny that the practice of out-of-court settlement will encourage use of muscle and money power, and people possessing both will be able to influence the verdict. Hence, instead of considering such unrealistic ideas, awareness should be created about the existence of alternative avenues like family courts, fast-track courts and Lok Adalats.

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