The Hindu : SC notice to Centre on plea challenging CPC amendments

Online edition of India's National Newspaper
Tuesday, Sep 10, 2002

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SC notice to Centre on plea challenging CPC amendments

By Our Legal Correspondent

NEW DELHI SEPT. 9. The Supreme Court today while issuing notice to the Centre on a public interest writ petition filed by the Salem Bar Association (SBA) challenging the constitutional validity of the Civil Procedure Code amendments, asked the Bar Council of India (BCI) to reconsider its call for observing September 18 as a `national protest day' by abstaining from courts.

A three-Judge Bench, comprising the Chief Justice B.N. Kirpal, Justice K.G. Balakrishnan and Justice Arijit Pasayat, however, made it clear that it would take up the petition on September 15 only if the BCI withdrew the strike call given yesterday to protest the implementation of the amendments brought about to the CPC and the Legal Services Authority Act conferring more powers to the lok adalats.

The Bench observed that if the lawyers decided to go ahead with the strike, it would dismiss the petition without even looking into it.

In his petition, P.N. Mani, SBA president, said lawyers throughout Tamil Nadu and other places were opposing the CPC amendments as they would cause immeasurable hardships to the litigant public and further undermine the existing provisions to a land of uncertainties.

Pointing out that the Government had been stating that all civil cases would be disposed of within a year, the petitioner said it had to be looked into as to whether the amendments would secure the purpose of cutting down delays at various levels in the disposal of a civil case.

He contended if proper appraisal was made with proper perspective, most of the amendments would not serve the avowed object envisaged. On the other hand, it might lead to jeopardy and put hurdles in dispensation of justice.

The petitioner prayed for a declaration that the CPC amendments were unconstitutional, null and void and an interim stay of the operation of the impugned provisions.

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