CJI S A Bobde inaugurates new Patna High Court centenary bldg

But it is time we resort to pre-litigation mediation, said the CJI.He said disputes solved through pre-litigation mediations made a big difference to the feeling among disputants besides reducing dependence upon courts.I was discussing with the Law Minister that the only thing lacking in a pre-litigation meditation was a force of law.


PTI | Patna | Updated: 27-02-2021 16:22 IST | Created: 27-02-2021 16:00 IST
CJI S A Bobde inaugurates new Patna High Court centenary bldg
Representative image Image Credit: ANI
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Chief Justice of India S A Bobde on Saturday called for reducing dependence on courts by encouraging parties to opt for ''pre-litigation mediation'' which has ''a way of solving problems'', both civil and criminal, which arise from a similar dispute.

He made the remarks here while addressing a function where he inaugurated a new ''centenary building'' of the Patna High Court, in presence of a host of dignitaries, including Union Law Minister Ravi Shankar Prasad, Bihar Chief Minister Nitish Kumar, and Chief Justice Sanjay Karol, among others.

''Litigation is fine and making provisions for litigation is fine. But it is time we resort to pre-litigation mediation'', said the CJI.

He said disputes solved through pre-litigation mediations ''made a big difference to the feeling among disputants'' besides reducing dependence upon courts.

''I was discussing with the Law Minister that the only thing lacking in a pre-litigation meditation was a force of law. This was being included since it is the essence of pre-litigation mediation'', the CJI added.

He observed that the need for new court buildings implied that there was an ''increased legal literacy......which is necessary, without encouraging litigiousness and cantankerousness'' and people were ''increasingly approaching courts to settle their disputes, instead of taking the law into their own hands''.

Turning towards the Chief Minister who spoke earlier, the CJI expressed his admiration of ''deep insight into the purpose of the law, the purpose of the courts and the way he stated the principle of the theory of separation of powers, without mentioning it''.

''The theory of separation of powers does not imply a hostility between the branches of the government. And it is extremely elevating to hear such wonderful, realistic views which are absolutely by the Constitution'', said Bobde, thanking Nitish Kumar ''on behalf of the judiciary'' for ''understanding the needs of the courts''.

Bobde also spoke about the judiciary being ''heavily invested'' in making use of technology for speedy dispensation of justice and sought to allay fears that the use of Artificial Intelligence in judicial work could affect ''decision making'' by the judges.

He spoke of the role played by technology in helping the courts function when physical interaction between judges, litigants, and lawyers had become unfeasible because of the COVID-19 pandemic.

''Thankfully, we had in Ravi Shankar Prasad a Law Minister who also holds the portfolio for Electronics and Telecommunications'', the CJI remarked adding that this helped in bringing about a seamless transition in the working of courts.

He, however, noted with regret that the new style of functioning was not well received by many lawyers and litigants who showed signs of ''unexplained depression and rage'' because of which mental health clinics had to be set up at the Supreme Court.

Bobde said he felt a strong affinity with Bihar, having worked with innumerable judges from the state which ''does not seem to be a new place, and I am happy to be here''.

He also made a mention of luminaries like first President Rajendra Prasad having practiced here and two judges of the Patna High Court, Justice BP Sinha, and Justice Lalit Mohan Sharma, having made it to the CJIs chair.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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