While some have lauded the speeding up of judicial proceedings to resolve the problem of the backlog of pending court cases, voices are emerging to condemn the assembly-line justice system taking shape as key performance indicators (KPI) are imposed on judicial system.

NONE As judicial officers and lawyers are now expected to tackle and resolve court cases in line with the KPIs imposed on them by the executive arm of the government, it is taking a toll on judges and lawyers in the subordinate and high courts - not to mention the plaintiffs and respondents and defendants at the centre of the cases therein.

 

This was illustrated most aptly when a lawyer - Jagjit Singh - last Friday collapsed in court after the presiding magistrate rejected his application for leave despite reportedly showing two medical certificates (MC) to back his request for postponement on medical grounds.

According to a report in theSun , the magistrate had directed that the proceedings continue despite the lead prosecutor agreeing to postponement on compassionate grounds.

The magistrate reportedly objected to delaying the proceedings on the grounds that they had already been postponed previously due to the illness of the accused in the case.

NONE Commenting on this today, veteran lawyer Karpal Singh said the incident was “obviously a result of the implementation of KPIs directed by the Chief Justice, Zaki Azmi ( left ), requiring fast disposal of hearing of cases in court.”

“The Chief Justice, when he was in practice, was in the main a corporate lawyer. That appears to be the reason why he does not appreciate what happens in courts where litigation is the order of the day.

“It is most unfortunate that justice is now under siege as a result of what has been brought about by the Chief Justice,” said Karpal.

“The judiciary is the third arm of government and for good governance, the head of the judiciary is expected to implement policies which enhance justice. I have heard complaints that both the Bar (Council) and judicial officers are under severe pressure with the advent of the KPI.

“This sword of Damocles which perpetually hangs over the heads of judicial officers is not in any way leading to the improvement or quality of justice with the implementation of the KPI.

“It is, in fact, to the contrary. Judicial officers tend to be more concerned with disposal of cases rather than the quality of justice they dispense. What they do is not out of choice but rather to meet the KPI.

NONE “Judicial officers should not be treated like students by a overzealous headmaster. Judicial officers are mature enough, by self-regulation, to give of their best. This is the innate qualification they hold to be appointed to high office,” he added.

Yesterday, Bar Council president Ragunath Kesavan ( above ) was quoted as describing the magistrate’s action in the case of Jagjit as “uncalled for”.

“We have highlighted this matter to the chief justice and have always said judges must exercise judicial discretion in giving postponements without fear or favour.

“The behaviour of the magistrate is uncalled for, as at the end of the day we are dealing with the frailties of human beings,” Ragunath was quoted as saying by theSun .

Karpal in his statement today said the time had come for CJ Zaki to review the KPI for the judiciary.

“Unlike other vocations, the KPI is ill-equipped for application to judicial officers. The Chief Justice should not lightly ignore appeals made to him by the Bar Council. He should reconsider and review the introduction of the KPI to judicial officers.

“With the introduction of the KPI to judicial officers, what will suffer, and what is already is suffering, is the quality of justice, to say the least of untoward incidents being brought to bear on members of the Bar as in the case of Jagjit Singh,” said Karpal.