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HONBLE PRIME MINISTER

Union of India
Prime Ministers Office (PMO)
South Block, Raisina Hill,
NEW DELHI-110 011


Honble Sir,

Sub: Earnest request on behalf of the legal fraternity of Bangalore for
initiating measures ensuring better accessibility to justice

*************

On behalf of the legal fraternity of Bangalore, in the interest of better accessibility to justice
to the citizens of India residing in Southern part of India, we place this earnest request for
your kind perusal and consideration.

A recent report by the Honble Supreme Court of India supported National Court
Management System shows that about 19,000 judges, including 18,000 in trial courts, are
coping with a pendency of more than 3 crore cases, resulting in a civil case continuing for
around 15 years on an average. The total number of pending cases in Indian courts is
expected to touch 15 crore by 2040.

One of the ways in which the pendency of the cases, particularly at the level of the High
Courts, is being addressed is to constitute Tribunals. While there is a strong argument
against the tribunalisation of the justice and ouster of the constitutional court/s, more
specifically, the High Court, the tribunals in India have come of age. Some of the prominent
Tribunals in India are as follows:

1. Appellate Tribunal for Electricity (ATE)
2. Armed Force Tribunal (AFT)
3. Authority for Advance Rulings (AAR)
4. Central Electricity Regulatory Commission (CERC)
5. Central Administrative Tribunal (CAT)
6. Central Information Commission (CIC)
7. Company Law Board (CLB)
8. Competition Commission of India (CCI)
9. Competition Appellate Tribunal (CMAT)
10. Copyright Board
11. Customs Excise And Service Tax Appellate Tribunal (CESTAT)
12. Cyber Appellate Tribunal (CRAT)
13. Debt Recovery Appellate Tribunal (DRAT)
14. Employees Provident Fund Appellate Tribunal
15. Income Tax Appellate Tribunal (ITAT)
16. Insurance Regulatory and Development Authority (IRDA)
17. Intellectual Property Appellate Board (IPAB)
18. National Consumer Distribute Redressal Commission (NCDRC)
19. National Green Tribunal (NGT)
20. Securities and Exchange Board of India (SEBI)
21. Securities Appellate Tribunal (SAT)
22. Telecom Disputes Settlement & Appellate Tribunal (TDSAT)
23. Telecom Regulatory Authority of India (TRAI)

While a great majority of these Tribunals do not have a bench in south India, barring a few
glaring exceptions, such benches of almost all Tribunals are located in Chennai.

First and foremost, the clients, particularly, those from the lower strata of the society in
Karnataka are experiencing highest difficulty in travelling to Delhi and/or to Chennai. Even
the industrial and commercial litigants who can afford the cost of litigation are passing it on
to their consumer/end-users, thus, augmenting the cost of services and commodities they
produce or trade. In the ultimate analysis, either directly or indirectly, common man has to
bear the cost of litigation.

What is more unfortunate is that at the instance of the trade and industry associations of
Karnataka, especially, the Federation of Karnataka Chambers of Commerce and Industries
(FKCCI), the establishment of Company Law Board (CLB) and Appellate Tribunal for
Electricity (ATE). IN fact, in an interactive session organised by FKCCI in September, 2013,
the Chairperson of CLB made a public announcement in Bangalore of the establishment of
the Southern Bench of CLB in Bangalore. It was also declared that Bangalore would be the
first city to have a Lok Adalat under CLB. Interestingly, a building was also identified in
Bangalore to house CLB. However, all this went into the oblivion, for reason now know to us.

Bangalore is home the world renowned National Law School of India University (NLSIU).
This apart, Bangalore University runs University Law College. More than two dozen other
law colleges are affiliated to the Bangalore University. Further, other (Deemed) Universities
like Alliance University, Christ University are also running Law Schools. Students graduate
from the law schools in the City of Bangalore is arguably one of the highest in the entire
country. However, it is indeed a travesty that law graduates, who specialise in niche areas
such as Intellectual Property Law, Energy Law, Cyber Law, Company Law etc., are deprived
of bestowing their skills to the benefit of the people of Karnataka, at whose cost the students
have received their education and training.

The Tribunals have ousted the jurisdiction of the High Courts. The Court Fee payable in the
Tribunals is in fact in some cases is twenty thousand (20000) times higher than the court fee
in High Courts. For instance, the Court Fee payable in the High Courts for a Miscellaneous
First Appeal in High Court of Karnataka is Rs.15 and court fee payable for filing a Petition in
the Central Electricity Regulatory Commission (CERC) in New Delhi is Rs.3,00,000/-
(Rupees Three Lakh Only). The hapless litigants have to not only spend this kind of money
but also have to travel to Delhi and engage the Senior Advocates therein. What may be total
cost of the litigation is anyones guess.
During the early part of this decade, for a brief while, National Consumer Disputes Redressal
Commission (NCDRC) used to have hearings In Bangalore. However, this also was
scrapped later. Camping, having some sittings on ad hoc basis therefore, is no solution.
What is required is a Permanent Bench for the Tribunals.
There is yet another unique problem faced by the phenomenon of tribunalisation is that
barring certain exceptions, litigants still have to travel to multiple locations. For instance,
Debt Recovery Tribunal (DRT) is located in Bangalore, the appeal from therein is to Debt
Recovery Appellate Tribunal (DRAT) located in Chennai. Again, an appeal from (DRAT)
Chennai has to be fled is in High Court at Bangalore. Even worst is the case with Appellate
Tribunal for Electricity (ATE). Appeal has to be filed In Delhi by paying exorbitant Court Fee
of Rs.1,00,000/-. The case is heard in Chennai and an appeal against the regulations has to
be filed in Bangalore! The litigants have to engage three set of Counsel for one case in three
different locations for fighting a single case! This is nothing but travesty of justice.

Moreover, it is quite logical that a tribunal which has the territorial jurisdiction over a subject
matter is established in the same territory. For instance, DRAT having jurisdiction over the
Karnataka matters cannot be established in a place hundreds of kilometres away from
Karnataka. In fact, Competition Commission, which has now replaced MRTP Commission
and deals and decides with such a vital issue impacting day-to-day life a common man, is
located thousands of kilometres away from Karnataka.


The other vital issue is that the limitation periods prescribed in these Tribunals are very
critical. By the time the litigants in far off places even come to know of the judgements, the
limitation period would have ended. Moreover, in view of the almost settled position that
Limitation Act not being applicable to the Tribunals no application for condonation of delay
can be filed. Most importantly, almost all tribunals are very stringent in condoning the delays.
The problems of the State Governments, the Authorities, local bodies, Panchayats,
Cooperative Societies are even more acute and critical.
Hence, there is a great need to decentralise the Tribunals and make them accessible to the
public at large and legal fraternity in particular.
In the same way, the first Law School was started in Bangalore, we request your good
offices to kindly ensure your personal intervention and initiate the justice accessibility
movement in India, with Bangalore as its forerunner. Tribunals have to be located where the
High Court having the appellate jurisdiction over such tribunals is located. This ensures the
accessibility and affordability of justice to the common man.

OUR PRAYER
WHEREFORE, we humbly request your good offices to evolve a policy decision wherein it is
ensured that that Permanent Benches of all the Tribunals, over which the Honble High Court
of Karnataka has appellate and supervisory jurisdiction and such tribunals in which the
matters originating from Karnataka are adjudicated, are all established in Bangalore.
Thanking you,
Yours faithfully


For Advocates Association Bangalore

General Secretary

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