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It is definitely not fair to blame judges for being slow in writing written grounds of judgment. Although this delay may hamper the process of appeal by the litigant, it is not solely the fault of the judges.

Let's look at the entire system - our judges are still writing their notes of evidence when judges elsewhere are using computers and multimedia equipment. When it seems to be alright to spend millions on celebrations which never lack pomp and pageantry, we never stop to think of modernising the way our judges take down notes of evidence and the way our judicial system functions.

We are quick to blame but we never think of ways to solve the problems these poor human beings have to face. Judges also have to report within a stipulated time frame to their new postings at other states when most other civil servants have a longer period to comply with such an order. How can they write judgments fast and quick when they are burdened by constant transfers of themselves and their trusted officers?

Prisoners may appeal as it is their right to do so, but are we lending a ear to our judges? It is a pity because these talented and trusted individuals are not able to speak for themselves because of their positions. Are we being fair to them? It is actually the government of the day that has to bear the blame because it treats the judiciary like a stepchild.

Our closest neighbour has gone far beyond us in terms of computerisation of their courts and the workload of their judges. Will we ever be able to catch up with them? It is something which we should seriously consider instead of blaming the judges for everything.

The judiciary should be free and independent and it should be allowed to appoint as it deems fit individuals who will help judges with their work. Many practitioners of law would want to apply for these positions as it enriches their experience and knowledge and makes them better practitioners. We should create positions for judge's clerks or research assistants to further alleviate the burden that our judges have to shoulder.

A free judiciary is the ultimate and final arbitrator of how civil society is to be governed based on laws that are passed by a democratically-elected government. We have a constitution that these people have been entrusted to uphold and see that we abide by it. When their institution itself is being subject to control by the other organs of state and their powers curtailed to become merely supervisory, what else can we expect from them?

We have very talented people who are ready to serve if they are given a free hand to make some input into the way the judiciary is to be run. But the ultimate question is will these people be given the chance? Will they be allowed to have a free hand in hiring and firing? If the government cannot hire on a permanent basis, it should at least consider bringing proper personnel in on contract to help reduce the workload of the judiciary.

The blame game will never end as long as nothing is done to help the judges clear their work. Many are taking it upon themselves to become computer savvy and they are a few who are very able in multimedia skills. This is no effort by the government but by the judges themselves who have tried to help in modernising the judiciary.

We cannot be asking them to produce written judgments by the barrel loads only to later say that they are very badly written and lack quality. We have to help them both by modernising the judiciary and freeing them from any form of pressure exerted on how they should govern themselves.

We will be passing our 50th year as a nation soon and whilst we might be proud to say that we have the second-largest court complex in the world, we have nothing to show in terms of our progress for a more modern, computer-friendly and most of all an independent and free judiciary.


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