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News & Events > Article by Judge Sherwani (pg.2)
 

I will discuss the following topics with you on the following subject, which I always emphasize on my colleague: -

1. Paradigm Shift.
2. Proactive Role
3. Preparation of Inventory of cases.
4. Preparation of affordable Cause List
5. Schedule of hearing of cases.
6. Purging of cases which are not active
7. Short Judgments.

 

 1. Paradigm Shift  
 
The term paradigm shift was introduced by Thomas Kuhn in his highly influential landmark book, The structure of Scientific Revolution. Kuhn shows how almost every significant break through in the field of scientific endeavor is first a break with tradition, with old ways of thinking, with old paradigm.

If we understand the problem it will be easier to shift our Paradigm

Our problem is that we don’t know the effects of the huge backlog on our society. We very well know the maxim “justice delay is justice” denied. People are not getting justice in their life time and therefore, they have started taking law in their hands and settling their scores. They have lost faith in the system. Innocent citizens remain behind the bar for years together, civil disputes remain pending for decades; if grand-father institutes a suit his grandson gets the decision.

If we see the problems from this point of view we will shift our paradigm we will see the things differently, think differently, feel differently and behave differently.

 
 2. PROACTIVE ROLE.  
 

We usually hear from the judges saying, what we can do, things are not in our control, advocates do not proceed the cases, the custody is not produced from the jail, process is not served by the process serving agency and we do not have resources to improve the quality of work. In my view these judges are reactive and not proactive.

 
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