"The real challenge before our legal system is not of docket explosion but docket exclusion", Karnataka HC CJ AS Oka to Roots Resource

The Chief Justice of the Karnataka High Court, Chief Justice Abhay Shreeniwas Oka yesterday gave his insights on issues related to the practice of law in an interview organized by Roots Resource, in collaboration with NALSAR’S Nyaya Forum for Courtroom Lawyering. .During the conversation, Chief Justice Oka spoke on the need for young lawyers to practise in Trial Courts, access to justice for all especially the poor and the need for competent legal aid lawyers, among other topics. [Watch Video].Chief Justice Oka observed that it was extremely crucial for every lawyer to start his/her litigation career by practicing in Trial Courts. He commented that one could learn the art of drafting pleadings, conducting examination-in-chief, cross-examination and several other procedural aspects only with a few years of practice in the Trial Courts. ."There are many young lawyers.... if you wish to practice in the High Court or the Supreme Court, please spend a couple of years - three years, four years to practice in the Trial Court", said Chief Justice AS Oka. .While practising in Trial Courts, lawyers get the first-hand experience of the many difficulties faced by litigants especially the poor and the downtrodden. This is also a great learning experience, Chief Justice Oka said..When asked on his concept of "access to justice", Chief Justice Oka expressed that after being a part of the Bench, he realized that the real issue before the Judiciary was not the overflow of dockets or huge pendency of cases but docket exclusion. ."After becoming a judge, what I realised is that the real issue before the judicial system is not of overflowing dockets or huge pendency. The real challenge before our legal system is not of docket explosion but docket exclusion."Chief Justice AS Oka.Chief Justice Oka went on to observe that even today, there were many who could not afford approaching Courts and, therefore, are forced to suffer injustice silently. ."Large section of our population silently suffer injustice.....When I talk about access to justice, it is giving access to this category of citizens. That is the concept of access to justice", Chief Justice Oka said.."All the functionaries which are part of the legal system must ensure that such category of people are given helping hand, maybe through the Legal Services Authority, maybe through lawyers who are working pro-bono. But more than that, it is the duty and responsibility of all stakeholders in the Judiciary to ensure that those citizens who silently suffer injustice and those who cannot even think of approaching Court of law should be able to approach the Court of law for ventilating their grievances."Chief Justice Oka .Access to Justice has become even more problematic during the on-going COVID-19 pandemic, Chief Justice Oka further remarked. .Speaking on the shortage of legal aid lawyers, Chief Justice Oka added that in every state and at every level, there is an incessant need for legal aid lawyers. .Chief Justice Oka conveyed that competent legal aid lawyers were the need of the hour. An impression has been created that legal aid lawyers are not competent enough to handle complicated cases, he observed. In order to address this issue, Justice Oka urged all lawyers to offer their services for 1 or 2 legal aid cases every month, apart from their regular cases. .During the talk, Chief Justice Oka was also asked on the reasons that prompted him to pass a direction to refrain from referring to trial courts as “lower courts.” .Chief Justice Oka responded by commenting that most NLU students feel that practice before Trial Courts was not in their league. Recalling an experience with few students of a particular NLU, Chief Justice Oka said that one of the reasons this feeling was the fact that trial courts are referred to as "lower courts." .However, Chief Justice Oka asserted that every Court (even at the Taluk level) is as important as the Supreme Court.."All Courts are very important. The functioning of the Trial Court is as important as the functioning of the Supreme Court."Chief Justice AS Oka.Adding on, he said that merely because there is a hierarchical system in place against appeals, the higher Court does not become a Superior Court.."As a Judge of the High Court or as a Chief Justice of the High Court, I have power of superintendence. That does not mean that I am sitting in a Court which is superior to the Lower Court.".As the interview drew a close, Chief Justice Oka also emphasized on the need to educate the poor on the legal remedies available to them and also to send across a signal that justice will reach them irrespective of their social status or financial constraints. ."When a poor woman in distress approaches you for filing a domestic violence complaint, if you work pro-bono, it will send correct signal to the society. The correct signal will be that even if you don't have money, even if you are in distress, there are stakeholders available in the institution who will work for you and who will ensure that justice reaches at your door-step."Chief Justice AS Oka