HARD TALK Justice (retired) Rajendra Prasad

Justice (Retired) Rajendra Prasad as president of Bihar Judicial Service Association has a slew of ideas to cure the ills plaguing the lower judiciary. Heading the body of members of subordinate judiciary comprising officers, right from civil judges (junior division) to district judges, he puts forth his suggestions to Anand Raj — from redrafting archaic criminal and civil laws, promoting judicial officers to courts forming their own investigation mechanism — all for speedy disposal of pending cases

Reaching out to the masses

What are the prevailing conditions in the lower judiciary? Are you satisfied with the prevailing state of affairs in subordinate courts?

It needs improvement. Though subordinate judiciary is an ailing institution ridden with a host of impediments and constraints, it is scrambling hard to get rid of such hindrances in discharging its functions. Despite all odds, they are delivering justice but it needs care of both the high court and the state.

Effectiveness

What do you mean by care? Could you explain it?

We have a three-tier judicial system and subordinate judiciary is, of course, approached by a vast majority of citizens of the country for justice. Its role is laudable. It is the court of the poor people, as they can't have access to the high court and the Supreme Court. It is not only difficult but impossible for them (the poor) to afford moving to these top two judicial fora for getting their cases adjudicated. So, it is the duty of the state government to do justice not only with the common masses but also all other institutions, including the judiciary. Unless subordinate judiciary is made absolute or foolproof, the common people would be kept away from justice, which would ultimately pose a threat to democracy. Howsoever strong the high court and Supreme Court may be, democracy will continue to suffer until and unless subordinate judiciary is made stronger and effective.

Security of jobs

What do you mean by making lower judiciary a foolproof one?

The institution (of lower judiciary) must be strengthened so that no judicial officer falls easy prey to any illegal gratification. Their service conditions should be improved and be made secure like those of the high court and Supreme Court judges. They should not work under the constant fear of the high court whose swords constantly hang on them. That prevents them from discharging their duties freely and fairly. Moreover, there is a need to give the officers ample opportunities to get promotions to keep their morale high. This point (lower judiciary) from which the common man gets justice must be purified so that the sanctity of the subordinate judiciary is kept intact.

Opportunity of promotion

Rajendra Prasad at the human rights commission building in Patna. Picture by Nagendra Kumar Singh

What do you mean by providing judicial officers ample opportunities?

During the meeting of All India Judges Association recently, I suggested the implementation of the Indian Judicial Service (IJS), which would man subordinate judiciary on all India basis. Judicial officers with 10 or more years of service or a munsif (civil judge) be included in All India Judicial Service cadre and others having less than 10 years of service be allowed to sit in the All India examination, irrespective of any criteria, including that of age. Judges thus appointed through IJS must have opportunity to become a high court judge and also that of Supreme Court.

Backlog of cases

There is a huge pendency in courts, especially the lower courts which are burdened with backlog of cases. In your view, what should be done to speed up or clear the backlog of cases?

Whatever mechanism or system we adopt, people may not get justice in the current system until and unless we redraft both our criminal and civil laws in accordance with our culture and society. English procedural laws, which we are following, would not be helpful in clearing the backlog of cases. All civil disputes and criminal cases should be disposed of within a time-frame. We got independence but unfortunately we are still working under the English laws with the same mindset.

Disposal of cases

Would you suggest increasing the number of judges for faster disposal of cases?

Certainly, disposal of cases will increase with the increase in the strength of the judiciary. But it (increasing strength of judges) alone can’t do the magic so far as clearing pendency is concerned unless we redraft our laws accordingly.

Hurdles in delivery of justice

What are the impediments? Could you elaborate it?

There is neither proper infrastructure of courts nor proper staff to assist the judicial magistrates. There is not even a proper or conducive environment in and around the court premises. There is a caucus with a good network in every lower court, which always tries to manage things according to their benefit and convenience, thus jeopardising the very goal of having judicial system in place. Litigants, court staff and sometimes some lawyers are more interested in their personal interest instead of helping the court in dispensing justice.

On PM & judiciary under Lokpal

What is your take on Lokpal following the demand of social activist Anna Hazare who has stirred a nationwide debate on the inclusion of Prime Minister and judiciary under the ambit of proposed ombudsman?

In my opinion, the Prime Minister and Chief Justice of India should not be brought under the purview of Lokpal. The reason is quite obvious that we can’t move on the basis of “presumption of dishonesty”. We can’t have the system in place (ombudsman) on the mere premise that the Prime Minister or the Chief Justice of India would be dishonest or corrupt. We have to have faith in our Prime Minister and Chief Justice of India and hence, these two should not be brought under Lokpal. If people, who have shown their solidarity with the 12-day agitation for a stronger Lokpal, want to do something dangerous to themselves, then the representatives (MPs) will have to take a decision on the issue after giving a serious and sincere thought.

■ About Justice Rajendra Prasad

Born on January 1, 1944 at Shaligrami village in Begusarai district. Has five siblings. Justice Prasad completed his BA from JRS College, Jamalpur, in 1966. Later, pursued his BL (bachelor of law) from TNB Law College, Bhagalpur, in 1968. Started his career as munsif in 1974 in Giridih district of undivided Bihar. Justice Prasad also served as law secretary in 1998 before being elevated as judge in 2002 in Patna High Court, where he served till January 1, 2006. He was later appointed as member of Bihar State Human Rights Commission in June, 2008. Justice Prasad has recently been made the president of Bihar Judicial Service Association, a body representing the lower judiciary, right from judicial magistrate to district judges of the state.

■ What would you have been had you not been a judge?

I don’t know what I would be had I not been a judge. It is all because of God’s grace that I could become a judge.