CJ-designate finds fault in 'Law' for backlog of cases

New Delhi, Jan 13 (UNI) Enumerating his priority to clear the backlog of pending cases, Chief Justice-designate K G Balakrishnan today said there was delay in delivery of justice because litigants and their lawyers exploit the law to their advantage.

Addressing a press conference on the eve of his swearing-in by President A P J Abdul Kalam tomorrow, Justice Balakrishnan said, ''Fault lies with the law. Many cases are prolonged because of the litigant parties.'' ''Many cases involving high-profile people get delayed as they hire big lawyers and these advocates exploite the statute of law to their advantage,'' he said.

He said the justice delivery system was to be strengthened by appointing adequate number of judges in all three levels of judiciary as more and more litigants were coming to the courts.

He said night courts had been set up in Gujarat on experimental basis and it might be introduced in other states if it came out to be successful in clearing the backlog in the lower courts.

Justice Balakrishnan said there was not tug-of-war between the Judiciary and Legislature.

''We are here to consider the constitutionality of the laws passed by the Legislature. Many such laws had been struck down by the judiciary which are not according to the constitution,'' he said while setting aside the question of 'tension' between two vital wings of the country.

He termed the incident concerning two sitting Judges of Gujarat High Court as 'unfortunate' and said action would be initiated on the basis of the report submitted by the Chief Justice of the state.

Asked whether Justice B J Sethna of Gujarat High Court had been transferred to Sikkim High Court, he said it was the prerogative of the President to transfer the Judge and it had nothing to do with the Supreme Court.

Justice Balakrishnan, the first Chief Justice from the Dalit community, refused to comment on the issue of reservation in judiciary saying that the issue might come up for hearing during his tenure and his personal view might give an impression on the topic.

''Moreover, the Chief Justice of India has no business to take such a decision,'' he added.

Asked about many states not implementing apex court orders, he said, ''The court would find some mechanism for their implementation.'' He opined that the judiciary should be out of the purview of the Right to Information (RTI) Act as the proceedings and judgements were delivered in open court and there was nothing to hide in the system.

Talking about the PIL, he said the court should be judicious in accepting public interest petitions and those who could file writ should not take recourse to filing PIL.

While concluding the marathon session, he said he was not against a lady judge coming to the Supreme Court.

UNI