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News & Events > Article by Judge Sherwani (pg.3)
 

The proactive role of a judge is very important in conducting the cases. He does not blame the circumstances, condition or conditioning for the behaviour of the others. His behaviour is the product of his own conscious choice, based on values, rather than a product of his condition based on feeling. The proactive judge is not expected to blame the circumstances for non-disposal of the cases. He is required to behave as a Master of his court and he should conduct the cases in most proactive manner. He should not let the advocates or the litigant to control his court. If a judge is reactive he is often affected by his physical environment if the whether is good he feels good. If it is not it affects his attitude and his performance. Proactive judge can carry his own weather with him. Whether it rains or shines makes no difference to him. He is value driven; and if his value is to produce good quality of work, it is not function of weather, the weather is conducive to it or not.

If your paradigm has been shifted and you have started to work in proactive manner then the things will be easier to do. There will be no difficulty in your way to complete your job in a manner in which it is required to be done and you will see that you have achieved your desire results.

 

 3. Preparation of Inventory Of Cases.  
 

Immediate and foremost necessity for court management is to prepare inventory of cases of all categories separately in a more scientific manner.

A good inventory must show all details of cases, i.e. the date of institution of the case, the name of the parties, stage of the case and the nature of the case i.e. the short case or the long case.

These inventories should be updated in each month. The use of computers will be of great help. Usually we do not examine the pending cases in order to see whether they are short cases or the long cases and due to this even those cases which can be disposed of without trial remain pending for indefinite time. If we mark all the pending cases as short or the long we can dispose of the short cases immediately without prolong trial.

 
 4. Preparation of affordable Cause List  
 

We all know that the Cause List of a Court is not prepared keeping in view the capacity of the judge to deal with the cases. It is prepared unconsciously and reactively. If an advocate desires that his case may be kept on a particular day the same is fixed by the judge without taking into consideration whether it will be possible for him or not to proceed with it on account of the fact that a number of other cases have already been fixed on that day. I may say without hesitation that the job of fixation of cases is usually done by the Reader of the court and not the judge and he too does it without considering that on a particular day on which the case is being fixed whether the judge will be available or not. Due to this the public confidence in the court as an institution has been lost. Due to this the advocates do not come prepared, as they do not believe that the case will proceed.

In order to ensure that the cases fixed on a particular day must proceed it is necessary that the cases are fixed consciously in such a number which can be dealt by the judge himself. In order to achieve this it is necessary that the judge should maintain his personal diary and should fix the cases personally and should ensure that each case must proceed. By this advocates will not seek adjournments on the ground that they are not prepared. If this is done continuously I am sure that the confidence of the public in the institution will be restored.

 
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