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Areeb Ahmad
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Annual Report 2008-09 published by Supreme Court of India.
DUTIES CONFERRED AND FUNCTIONS IMPARTED BY THE ACT:
ACHIEVEMENTS OF DLSA THEREIN
MEGA TRAFFIC LOK ADALAT:- For the first time ever, the concept of Lok Adalat
was introduced to the Traffic Challans and first ever Mega Traffic Lok Adalat was
organized in Delhi on 8 and 9 September and secondly on 9 and 16 December, 2007 at all
the District Court complexes in Delhi under the directions of Arrears Committee of
Supreme Court of India headed by Mr. Justice S. B. Sinha, Judge, Supreme Court of
India in order to reduce the huge pendency of Traffic Challans Cases as well as to create
awareness of the Traffic Rules. The third Mega Traffic Lok Adalat was held on 27 April,
2008 and 4 May 2008 at all the four court complexes i.e. Tis Hazari Court, Patiala House
Court, Karkardooma Court and Rohini Court Complexes and this process is now
continuing after some intervals.
PLEA BARGAINING ADALATS IN JAIL:- Taking its leadership role seriously, the
Delhi Legal Services Authority also achieved the unique distinction of holding of First
Ever Adalat in Tihar Jail on the recently introduced concept of Plea-Bargaining and first
ever such Adalat was held on 21st of July, 2007 and 310 cases were settled. An
informative booklet on Plea-Barganing was also released by Chief Guest Mr. Justice
Arijit Pasayat, Judge, Supreme Court of India. Delhi Legal Services Authority had
organized legal awareness programmes in all the jails in Central Jail Tihar and Rohini Jail
from 15 March, 2007 to 26 March, 2007. More than 200 under trial prisoners of each jail
attended the said legal awareness programme. Jail Visiting Advocates, Jail
Superintendents and Welfare Officers had also participated. Response of under trial
prisoners was overwhelming and encouraging and approximately 1200 under trial jail
inmates had expressed their willingness to avail the concession of the Plea Bargaining.
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Information based upon the personal experience and knowledge being worked as Member Secretary, Delhi Legal
Services Authority as well as taken from the website of the Authority and its record.
DAILY LOK ADALATS: The Delhi Legal Services Authority has also taken a lead in
holding Daily Lok Adalats since 18 of February, 2008 at Patiala House Courts, New
Delhi for the cases under section 138 of the Negotiable Instruments Act, Criminal
Compoundable cases, Motor Accident Claim Cases and Matrimonial Disputes i.e. under
sections 498A/406 IPC and 125 Cr.P.C. This step was taken with a view to provide the
forum of Lok Adalat to the people in need of the same on regular and daily basis. The
Delhi Legal Services Authority has also been organizing Lok Adalats at the pre-litigative
stage as well as pending court cases on Sundays at all the four court complexes in Delhi.
LOK ADALAT FOR THE SETTLEMENT OF COGNIZABLE AND CRIMINAL
COMPOUNDABLE CASES AT PRE-LITIGATION STAGE: Delhi Legal Services
Authority commenced Lok Adalats on 29.07.2007 for the settlement of cognizable and
compoundable Offences at pre-litigation/pre-chargesheet stage at Patiala House Court
Complex, New Delhi under Alternate Complaint Resolution Exercise. Upto November,
2007, total 170 cases out of 457 cases taken up were disposed off. The same is also to be
informed to be immense help to the persons concerned and has received a very warmed
response.
PERMANENT LOK ADALATS: The Delhi Legal Services Authority has also set up
Permanent Lok Adalats with respect to the electricity matters pertaining to the billing
problem/misusing problems/theft problem of the three electricity distribution companies
operating in Delhi namely BSES Yamuna, BSES Rajdhani and NDPL as well as Delhi
Development Authority. Besides that Lok Adalats are being organized pertaining to
MTNL, MCD and NDMC cases as and when required. These Lok Adalats have got
tremendous response from public and become extremely popular.
PERMANENT LEGAL SERVICES CLINIC:- Keeping in mind the fact that doors of
justice should remain open to all even at odd hours, Delhi Legal Services Authority have
also made operational 24 x 7 Permanent Legal Services Clinic located in Central Delhi at
Shaheed Bhagat Singh Place, Gole Market, New Delhi which is a central location
convenient to all. This Clinic is manned by experienced and dedicated officers who are
retired bureaucrats, judges and eminent social personalities. They are available round the
clock on telephone helpline as well as personally and people can approach the clinic in
the same manner as they go to police station for redressing their grievances. Delhi Legal
Services Authority is providing solution to the legal problems and queries raised by
General Public through toll free telephone helpline. Trained Officers, Social Workers and
Panel Advocates of the Authority, listen to their problem on phone give necessary
guidance even on phone and thereby saves a time and money of the poor persons.
SUNDAY LOK ADALATS:- Delhi Legal Services Authority is promoting Alternate
Dispute Resolution System so as to liquidate the mounting arrears of cases in the
Criminal Courts. At present, approximately more than 5 lakh cases under Section 138
Negotiable Instruments Act are pending before Courts of Metropolitan Magistrates in
Delhi. Sunday Lok Adalats have become a regular feature of the Delhi Legal Services
Authority. These Lok Adalats have become an eye opener and helped deciding large
number of cases never settled before. Delhi Legal Services Authority organizes Lok
Adalat for the settlement of cases relating to personal loan, credit cards etc. advanced by
private sector and govt. banks like ICICI, HDFC, Standard Chartered, ABN AMRO, SBI
etc. on every Sunday at pre litigation stage. It provides an opportunity to the borrower to
settle their liability with the bank by negotiation and thereby, it saves time, energy and
money of the people as well as potential litigation is settled at its inception.
CONCILLIATION PROCEEDINGS BY MAHILA COURTS:-Delhi Legal Services
Authority has commenced conciliation proceedings by Mahila Courts in all the four
District Court Complexes. Lok Adalat for the settlement of cases pending in Mahila
Courts was first organized on 26.08.07 and thereafter, it is being organized twice a month
in all the District Court Complexes in Delhi. Statistical information relating to the
disposal of the cases by the Mahila Court is 156 cases out of 385 in 26 sittings.
“Never forget that only dead fish swim with the stream”.
--Malcolm Muggeridges
Almost every country where judiciary has some say, provisions of providing legal aid to
needy and poor person has been made in one way or another but under Indian system, the way in
which it is recognised and established is found missing in judicial systems of other countaries. In
India, there is a statutory backup due to enactment of Legal Aid Act to provide legal aid to needy,
poor, eligible and certain class of socities but in most of other countries, such availability of
service depends upon some societies or associations of lawyers etc.
LOK ADALAT AND SECTION 19,20 OF DSLA ACT, 1987
Lok Adalat is formed under section 19 of Legal Service Authority Act. It is also formed under
Taluk Legal Service Authority for Taluka level Lok Adalats. Delhi State Legal Services Authority
organizes Lok Adalats for settlement of all types of pending and pre-litigation Civil and Criminal
Compoundable cases regularly every month at all the 11 Districts in Delhi. DSLSA organizes
Lok Adalats in District Courts, High Court, Central Administrative Tribunal, District Consumer
Disputes Redressal Forums, State Consumer Disputes Redressal Commisssion, Debt Recovery
Tribunals, Company Law Board & Revenue Courts.
Section 19 of the Act provides for the setting up and organization of Lok Adalats by State
Authority or District Authority or the Supreme Court Legal Services Committee or every High
Court Legal Services Committee or Taluk Legal Services Committee. The constitution of such
Lok Adalat is decided by the State Authority or the District Authority or the Supreme Court
Legal Services Committee or the High Court Legal Services Committee or, as the case may be,
the Taluk Legal Services Committee which would include:
(a) serving or retired judicial officers; and
(b) other persons,
The experience and qualifications of other persons referred to in clause (b) for Lok Adalats
organized by the Supreme Court Legal Services Committee shall be such as may be prescribed
by the Central Government in consultation with the Chief Justice of India or the State
Government in consultation with the Chief Justice of the High Court, as the case may be. Lok
Adalat are presided over by Retired Judge and 2 Other person having interest, social work
experience as chairman and member respectively.
A Lok Adalat has the jurisdiction to determine and arrive at a compromise or settlement between
the parties to a dispute in any case pending before or any matter which is falling within the
jurisdiction of, and is not brought before, any court for which the Lok Adalat is organized
provided it is compoundable.
Section 20 provides for cognizance of cases by Lok Adalats. It provides for the referral of case to
Lok Adalat at the agreement of both the parties or by, way of an application of either party
provided that the court is satisfied that there are chances of settlement in such a case and that it is
appropriate to refer the matter to the Lok Adalat. The court can suo moto also refer the matter to
the Lok Adalat after providing an opportunity to the parties to be heard. The section provides that
when a reference is made to Lok Adalat, every Lok Adalat shall with utmost expedition arrive at
a compromise or settlement between the parties and shall be guided by the principle of equity,
justice, fair play and other legal principles. If there is a failure to reach a compromise the
between the parties the records of the case the Lok Adalats sends back the record of the case and
advices the parties to seek remedy in a court. The court resumes the proceedings of the case from
the stage which was reached before the reference.