Monday, July 1, 2019

High court judge does self-assessment, releases report card

Srikkanth.D@timesgroup.com

Chennai:1.7.2019

In a positive step towards judicial accountability, Justice G R Swaminathan of the Madras high court has come out with a performance card with details of the number of cases he has disposed in his past two years as a judge.

“I believe in judicial accountability,” Justice Swaminathan said in a letter dated June 27, addressed to members of the bar.

Justice Swaminathan, who took oath on June 28, 2017, at the Madurai bench of the Madras high court and has been serving there ever since has disposed of a total of 21,478 cases, of which 18,944 cases were disposed while on a single bench and 2,534 while on a division bench.

Apologizing to counsel and litigants for not being able to dispose almost 75 cases which he had reserved, Justice Swaminathan said he shall dictate all judgments in open court to avoid such a situation.

“I have introspected and I wonder if things could have been a little different and far better. My conscience says ‘Yes’. I have been impatient, sometimes even rude. I hope to put on better behaviour henceforth,” Justice Swaminathan said and added that he was more bent on disposal and hence could not afford to write long orders.

Stating that he has great expectations from members of the bar, Justice Swaminathan said he can write a good judgment only if the advocacy is good and cited some of his recent judgments that received widespread attention. In April this year, Justice Swaminathan held that the term ‘bride’ found in the Hindu Marriage Act would also mean a transgender and directed the authorities to register a marriage between a man and a transwoman after the registration department cited the act and said ‘bride’ can only refer to a 'woman on her wedding day'.

He had also directed the Tamil Nadu government to issue a GO banning sex reassignment surgeries on infants and children.

Earlier, this month, Justice Swaminathan passed an order recognizing the rights of asylum seekers (65 Indian origin Tamil refugees) to apply for Indian citizenship.

“Bad advocacy will breed only bad judgment. I am critically dependent on you,” Justice Swaminathan said expressing happiness at the conduct of counsel so far and sought suggestions from members of the bar to serve the institution and cause of justice better.

Justice Swaminathan’s gesture received a positive response from lawyers, said Madurai-based advocate K.Samidurai, secretary, Indian Association of lawyers (TN Chapter). This is the first time in the more than 15-year existence of the Madurai bench that a judge had come forward with a performance report, he said.

“Appeal to the bar is an innovative step. Pendency can be reduced by proactive measures like this,” Samidurai said. 




I have introspected and I wonder if things could have been a little different and far better... I have been impatient, sometimes even rude. I hope to put on better behaviour henceforth

JUSTICE G R SWAMINATHAN
High court judge

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