Cuttack, Dec. 12: The Orissa State Bar Council (OSBC) has demanded a roll back in the decision to start evening courts to lessen the burden on regular courts. The demand followed passing of a resolution at a meeting on the proposal of evening courts. It was unanimously resolved in the meeting that “evening courts in Orissa are neither acceptable nor practically feasible”.

“Since the interest of litigants is being considered for holding the courts, it is felt that it is not possible on the part of the litigants coming from faraway places to remain in the courts till 8pm, as in most of the places there is no communication facilities from the court to enable them to return to their villages,” the OSBC said in its five-point resolution.

“The resolution, in protest of holding of evening courts, was passed after deliberating on the resolutions received from the Sambalpur Bar Association, the Bargarh Bar Association, the Puri Bar Association, the Salipur Bar Association, the Cuttack Bar Association, the Criminal Court Bar Association and the Board of Revenue Bar Association,” said J.K. Samantasinghar, secretary of the OSBC.

The resolution pointed out: “There is also no infrastructure or other basic facilities to enable lawyers and litigants to remain on the court premises in the evening. There are also no accommodation facilities in many places.”

Besides, the lawyers in the state have the age-old practice of having chambers in the evening to consult their clients, prepare for the cases, and making drafts. “If the evenings are spent by the lawyers in the courts they will not be able to do justice to the causes and cases of their clients in the courts on the next day,” the resolution said.

“Many lawyers have to travel 30 to 80kms everyday to reach the courts from their villages. It will not be humanly possible for them to perform court work in the evening and return home late at night in any manner.”

“From the security point of view, it is also not possible for the clients and the witnesses to remain in the courts in the evening. For the same reason, the courts of Jharsuguda have declined to hold proceedings in the evening. Particularly in the areas troubled by Maoist activities it is not at all possible to hold courts in the evening,” the OSBC said in its four-page resolution.

Chairman of the OSBC Gopal Krushna Mohanty said: “Such being the predicament, neither the lawyers nor the clients can afford to give proper attention to their cases. Hasty decision on part of the government to dispose of pending cases by holding evening courts is definitely going to be counterproductive”.

“Evening courts can never be the solution for disposal of pending cases. Rather, a proper work culture on part of the presiding officer, provision of sufficient courts and adequate infrastructure can only ensure speedy disposal of the cases,” Mohanty told The Telegraph today.

“Therefore, the bar council is of the view that the proposal of holding evening courts should be reconsidered. Since the presiding officers of the courts are in the habit of sitting at the courts at 11am, the bar council is of further opinion that in order to get more working hour, the working hours of the courts can be rescheduled from 10am to 5pm,” Mohanty said.

“If proper functioning of the courts can be ensured during the working hours, the purpose of getting more work done can be achieved without putting any financial burden on the state,” the OSBC hoped.