A Supreme Court judge on Monday suggested the Gujarat government to constitute a high-level committee to decide whether to file an appeal and set up a mediation centre to decide on resolution of a case at pre- litigation stage in order to reduce the burden on courts.
Justice M R Shah said more emphasis should be given to resolving disputes between conflicting parties at pre- litigation stage. He was speaking at the inaugural function of new Kayada Bhavan, which has the office of the advocate general, the state’s top law officer, and is equipped with modern facilities.
The building was inaugurated by Chief Minister Vijay Rupani in the presence of Justice Shah, another Supreme Court judge R Subhash Reddy, Solicitor General of India Tushar Mehta and Gujarat High Courts acting Chief Justice Anant Dave. “The state is party in approximately 70-80 per cent cases. Many a time, it is seen that unnecessary appeals are filed even when the issues are covered by earlier decisions and actions are not defendable at all.
“At a department stage, nobody wants to take a risk, and even for the purpose of dismissal of appeals, they are preferred, which increase the burden of courts, Justice Shah said, sharing the dais with Rupani, Gujarat Law Minister Bhupendrasinh Chudasama and another minister Pradipsinh Jadeja.
“Therefore, it is suggested to constitute a high-level committee, maybe headed by a retired justice of High Court, and a committee consisting of the principal secretary, secretaries of the concerned departments to take a decision whether to prefer an appeal or not, he said. “Even a mediation centre at the secretariat and a special mediation centre (for cases) where government is involved should be set up and more and more emphasis should be in resolving the dispute at pre-litigation stage.
“The same will save time, lessen the burden of courts, and cost of litigation, Justice Shah said, adding this may become a guide for other states to follow as a model. Rupani, in his speech, said development can only be achieved with proper law and order, and infrastructure should be such that people get quick justice. “In Gujarat, even our district courts are like the High Court.
Arrangement for government lawyers is required because they work for the public, he said. Chudasama said the state government has increased the budgetary allocation of the law department to Rs 1,635 crore, and maintained emphasis is on creating quality infrastructure “in order to compete globally”.
