New Delhi, Apr 18 (PTI) Supreme Court judge Justice Manmohan on Saturday said any criticism of the existing system should not be treated as its condemnation but rather as a suggestion.
He was speaking at a legal conclave and awards ceremony organised by the Society of Indian Law Firms (SILF) and Society of Legal Professionals (SILP) on the theme: ‘Justice to all-Accessible and Affordable.’ “Last time, I spoke about improving the system, and my address was misunderstood by some people, as if it were a condemnation of the system. When you talk about improving the system, you often have to talk about the issues that arise in the system.
“When you highlight the shortcomings in the system, you do so only to improve the system, not to condemn it. Therefore, it should not be treated as a condemnation of the system. Nor should it be used as a weapon by those who wish to further their own case,” the apex court judge said.
He said the most important thing is to have a healthy way to handle issues.
“Let me illustrate the point that I have just made. A case had come up before me some years ago, which I had decided.
“It concerned the quashing of an FIR against a film’s producer, where an FIR had been lodged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and the allegation was that the film depicted the social evil of the caste system in great detail and, therefore, the producer had to be prosecuted under the Act,” Justice Manmohan said.
The apex court judge said he quashed the FIR because the issue gave him a good occasion to say that a film which sought to convey that a social practice is evil had to necessarily depict that social practice.
“Otherwise, how will the public understand it? So, when we talk about the issues arising in the system and seek to improve the system, it is not a condemnation of the system. It is only pointing out that the system requires certain reforms. It is taking the system to a higher level by addressing the shortcomings that exist in it,” he said.
“Criticism should not be treated as a condemnation of the system. It should be treated as a suggestion,” Justice Manmohan added.
He said law firms should not take a narrow view of issues of legal education.
“They should not just concentrate on India. They have to treat the whole world as a canvas. The world today has to be treated as a single entity. You will have to find solutions to shared problems. That is the tendency of the times,” Justice Manmohan said.
Regarding the role of technology, he said it had always been a double-edged weapon.
“No one is saying that the entire decision-making process should be handed over to technology. Technology must remain human-controlled. We must treat it as an enabler.
“We must use it, but we must retain human oversight. The ultimate decision must rest with the human mind. But technology should be used as a tool,” Justice Manhoman said.
The top court judge also flagged the issue of pendency, saying all available means must be used to reduce it.
“And I think the legal community must debate whether the arbitral system, which was supposed to be a solution to the problem, has itself become a problem. And has it become a problem only because of the way we are conducting arbitral proceedings?” “Why has the law and the courts ensured that arbitration becomes a replica of proceedings conducted in court? It was supposed to be an informal process. It was supposed to be informal. It was supposed to be inexpensive. It was supposed to have sensitivity. I think we have taken out the sensitivity aspect from arbitration,” he said.
Justice Manmohan urged the government to ensure that mediation is involved at all levels.
“If the government has taken a decision to stay out of arbitration law if the claim is beyond a certain threshold, I think that may require reconsideration. Yes, there are shortcomings in the arbitration process. But if you feel it is not working, you have the power to bring about legislation and remove those shortcomings.
“I think that is the process we must adopt. Remove the shortcomings, but do not say that you will not abide by it or that it will simply be kept outside the system. That is my view on it,” he said. PTI MNR RHL
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