Justice AS Oka of the Supreme Court today spoke about the people's trust in courts, saying it may not be as much as it is believed to be, and how lawyers using unconstitutional means like a strike can further whittle it down by raising the pendency of cases.
"If today lawyers practising in high courts are taking recourse to something highly unconstitutional, are we not causing great prejudice to litigants?" he said in his address at an event organised by SCAORA or the Supreme Court Advocates-on-Record Association.
Lawyers and judges, Justice Oka said, often carry the wrong impression that the people have full faith in courts. But such an impression may not be entirely correct and one of the major reasons for lack of faith in judiciary is pendency of cases, he said.
"We kept patting our backs that citizens trust the courts, but we have to ask if the citizens are saying that," he said. "I have been to villages etc. The statement that common man has full faith in judiciary may not be entirely correct. Out of 4.5 crore pending cases, 10 per cent are over a decade old," Justice Oka said.
His comments come amid the ongoing strike by lawyers of the Allahabad High Court. The Bar Association there is protesting against the transfer of Delhi High Court judge Justice Yashwant Varma, whose transfer there was advised by the Supreme Court after bundles of half burnt cash was found on the premises of his Delhi bungalow on Holi.
The Allahabad High Court is the parent court of Justice Varma.
Lawyers, Justice Oka said, are taking recourse to unconstitutional means of protest cause "great prejudice" to the common litigant.
"Dr Ambedkar had warned that in independent India unconstitutional means of protest are prohibited. If today lawyers practicing in the high court takes recourse to something completely unconstitutional, are we not causing big prejudice to litigants?" he said.
Explaining the point, he said, "We talk about great pendency in bigger high courts.. and who is contributing to it? Imagine there are 1,000 bail applications before five courts and 100 will be taken up".
"If members boycott... Then the date will be given when the accused is entitled to bail. Then who is to blame?" he questioned.
