Chief Justice Inaugurates New Patna High Court Centenary Building

Chief Justice of India SA 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 similar dispute.

He made the remarks 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 Chief Justice.

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 Chief Justice 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 Chief Justice expressed his admiration of "deep insight into the purpose of 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 in accordance with the Constitution", said SA Bobde, thanking Nitish Kumar "on behalf of the judiciary" for "understanding the needs of the courts".