The Supreme Court on Wednesday emphasised on the establishment of Gram Nyayalayas across the country, stating that it would help improve access to justice.
The Bench of Justice BR Gavai, Justice PK Mishra and Justice KV Viswanathan made the observation while hearing a petition seeking direction to the Centre and all states to take steps for setting up ‘Gram Nyayalayas’ under the supervision of the Apex Court.
The Bench directed the states or High Courts, which were yet to file their affidavits in the matter, to do so within three weeks.
An Act passed by Parliament in 2008 provided for the establishment of Gram Nyayalayas at the grassroots level for providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice were not denied to anyone because of social, economic or other disabilities.
Representing petitioner NGO National Federation of Societies for Fast Justice and others, Advocate Prashant Bhushan contended that only about five to six percent of Gram Nyayalayas have been set up till now.
He apprised the Bench that some of the states refused to establish Gram Nyayalayas saying that they have Nyaya Panchayats.
Advocate Bhushan contended that Nyaya Panchayats were not really the same as Gram Nyayalayas, which had judicial officers.
The top court of the country appointed a Senior Advocate to assist it as an Amicus Curiae in the matter.
An Advocate appearing for the Himachal Pradesh High Court apprised the top court of the country that the High Court has been writing to the state government since 2009 requesting for establishing Gram Nyayalayas.
The Apex Court recorded in its order that in spite of repeated reminders to the state of Himachal Pradesh for establishment of Gram Nyayalayas, no steps have been taken in the matter.
The Bench then issued notice to the State of Himachal Pradesh, directing it to respond before the next date of hearing and listed the matter for hearing after four weeks.
Earlier on July 12, the Apex Court had observed that the establishment of more Gram Nayayalayas would, apart from providing access to justice at affordable price and providing justice at door steps, also de-clog the huge pendency of matters before the trial courts.
It had directed the Chief Secretaries of states/Union Territories and Registrar Generals of the High Courts to file affidavits within six weeks giving details regarding establishment and functioning of Gram Nyayalayas, including infrastructure made available for them.
Earlier, Advocate Bhushan had argued that directions were needed to be issued to all states to notify and establish Gram Nyayalayas as statutorily provided for under the Gram Nyayalays Act of 2008.
The Counsel had argued that Sections 5 and 6 of the 2008 Act provided that the state government, in consultation with the High Court, would appoint a ‘Nyayadhikari’ for each Gram Nyayalaya, who would be a person eligible to be appointed as a Judicial Magistrate First Class.
On January 29, 2020, the Apex Court had directed the states, which had not yet issued notifications for establishing Gram Nyayalayas, to do so within four weeks.
It had asked the High Courts of States, where the constitution of Gram Nyayalayas and appointment of its members were pending, to expedite the process of consultation with the respective governments.