Mediation Not Only Reduces Pendency Of Cases, But Also Leads To Peace And Harmony In Society: Justice Bobde

Supreme Court judge SA Bobde observed on Saturday that the separation of governance into three branches - namely legislative, judiciary and executive, is only of functions and not of intention.

All three wings have one intention of having a strong united India and governance that is based on rule of law and justice, equality, fraternity and liberty.

This separation of functions is misunderstood as division. There is none and Jharkhand is the best place to support the original intention of the Constitution, he said while speaking at a seminar on mediation held at Judicial Academy in Ranchi.

The uniqueness of the Saturday meeting is the powerful invasion of the system of mediation into matter related to the government, he said.

“All of you know the government is the largest litigant in the courts. It is because the government has the most wealth and litigations follow wealth. Land, jobs, revenue matters - you name it, and the government is there as a litigant.  For some reason or the other, it was believed that the government is outside mediation and that the process is only meant for two disputing individuals. However, now it is reassuring to see the government ready to participate in mediation,” he said.

Justice Bobde said he had rarely seen such a positive response from the state government to the scheme put forward by the judiciary.  “That mediation works in resolving disputes is not in dispute.  Mediation not only reduces pendency of cases, but also leads to peace and harmony in society,” he said while listing out the advantages of process.

Justice Bobde said: “The court cases, which are often fight to the finish by both the parties, lead to ill- health and tension within family of the litigants. If a study is done on impact of litigation, it would reveal that it has a disastrous effect on litigants.”

By agreeing to mediation, government officers would be relieving the citizens of a huge set of problems, he said.

Acting chief justice of Jharkhand High Court Justice DN Patel said the state must not resort to litigation for the sake of litigation. He said success at the Jharkhand High Court mediation centre is 70 per cent. The meeting is important as it would take us to new heights in implementing the state litigation policy, he said.

Justice BR Gavai of Bombay High Court stated the innovative steps taken by Jharkhand HC should be followed in other parts of the country.

Justice Aparesh Kumar Singh, Justice S Chandrashekhar, Additional Chief Secretary Amit Khare and Advocate General Ajit Kumar were among the participants.