New law on mediation in Parliament's winter session

Kashmir Times. Dated: 9/13/2021 12:51:54 AM

NEW DELHI, Sep 11: Union Law Minister Kiren Rijiju on Saturday announced that a Bill on mediation will be brought in the upcoming winter session of Parliament, preparations for which have been completed," referring to the idea floated in July by Chief Justice of India N V Ramana that mediation should be mandatory first step in dispute resolution process.

"Perhaps an omnibus law in this regard is needed to fill the vacuum," the CJI had then said as he smiled on the law minister speeding up his suggestion at the laying of the foundation of the new National Law University at Prayagraj (Allahabad), the seat of Uttar Pradesh High Court, in which the CJI was present along with President Ram Nath Kovind, High Court acting Chief Justice Munishwar Nath Bhandari and Chief Minister Yogi Adityanath.

Wishing to make India a hub of international arbitration, the law minister said the Central Government under the guidance of Prime Minister Modi wants to develop a strong relationship with all judges of the Supreme Court and the High Courts. He also reiterated his stress that "timely delivery of justice to the common man must be made a priority." He said the Centre would work with the judiciary to facilitate the delivery of justice to the common man.

CJI Ramana acknowledged in his address some of the greatest legal luminaries of the country produced by the Allahabad, leaving an indelible mark in India's freedom struggle and in the drafting of the Constitution. He also made a special reference to the famous 1975 judgment of Justice Jagmohanlal Sinha of the Allahabad High Court, disqualifying then Prime Minister Indira Gandhi, thereby triggering the ominous Emergency era.

"In 1975, it was Justice Jagmohanlal Sinha from the Allahabad High Court who passed the judgment that shook the nation, when he disqualified Mrs Indira Gandhi. It was a judgment of great courage, which could be said to have directly resulted in the declaration of Emergency, the consequences of which I do not want to elaborate," Chief Justice Ramana said.

Also inaugurated by the President on Saturday was a new High Court complex, which was hailed by CJI Ramana to "re-energise the Allahabad Bar" and facilitate the expeditious disposal of the pending cases, while ruing a long list of pending criminal cases that need to be resolved by the Allahabad High Court and the Bar jointly.

Only on July 26, the Apex Court had asked the High Court on a batch of pleas to lay down broad parameters while granting bail and noting how almost 7400 accused were languishing in jails in UP for more than 10 years. A Bench of Justices S K Kaul and Hrishikesh Roy had suggested broad parameters that the Allahabad High Court should consider for bail, including the period of incarnation undergone, heinousness of the crime, age of the accused, period taken in the trial and whether the appellants are diligently prosecuting the appeals.



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