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Saturday, March 20, 2010

UNCERTAINTY ENDS FOR 1562 COURTS-Fast track courts get one more year

The uncertainty hanging over the functioning of 1,562 fast track courts (FTCs) across the country ended on Friday with the Centre informing the Supreme Court that it has sanctioned Rs 75 crore to keep them alive till next year. The anxiety was palpable as there had been no news from the Centre about the fate of the FTCs, which otherwise would have ended on March 31. However, solicitor general Gopal Subramaniam gave a good certificate to these courts and promised all support to them while lauding their role in fighting the monstrous pendency slowing down the wheels of the justice delivery system.
"I have got reports from all the high courts about the functioning of the fast track courts in all states. The FTCs have liquidated a large pendency and fulfilled the purpose for which they were set up,"the SG told a Bench comprising Chief Justice K G Balakrishnan and justices Deepak Verma and C K Prasad. But, amicus curiae and senior advocate P S Narasimha was a little sceptical about the tentative decisions being taken on the fate of the FTCs and wanted to know from the court and the SG whether a detailed target-oriented plan could be framed. The SG said he would prepare a detailed chart identifying the states that needed special attention and submit it for appropriate directions from SC. Gujarat counsel Hemantika Wahi raised a point of vital importanace. She said that her state wanted the concept of FTC to take root at the magisterial level, where the pendency was maximum. The Bench accepted the point saying the situation is more or less similar in all the states.
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Firms cant sack disabled staff: HC

Bombay high court has directed Shipping Corporation of India to reinstate an employee who developed schizophrenia four years after he joined the PSU in 1993 as a trainee nautical officer. Concerned about the apathy shown to the employee,Edward D'Cunha,who was made to run from pillar to post and "suffer an ordeal for about six years'' even before the government-appointed commissioner for persons with disabilities passed an order against him in 2006,the HC bench of justices Ranjana Desai and Amjad Sayed held the SCI guilty of discrimination and for coercing the employee to resign. At a time when at least 8.4% rural and 6% urban households have one disabled member,the judgment penned by justice Sayed called for better and stricter enforcement of the law meant to protect the rights of persons with disabilities and to prevent their "deepening social marginalisation.'' Directing SCI to give D'Cunha a "light on-shore job with same salary'',the judgment quoted Nobel laureate Rabindranath Tagore who said,"The problem is not how to wipe out the differences but how to unite with the differences intact.''

The judges also censured SCI by observing,"At a time when the government is coming out with several schemes,we'd expect SCI which was conferred navratna status to lead by example and act reasonably and fairly.'' "D'Cunhas is a case that may be among the many that die down without a fight,'' said his lawyer Pradeep Havnur. And the judges too noted that "despite the misery faced by him,the petitioner pursued his grievances throughout.It eventually led to his victory,''said Havnur. The Mumbai resident was a second mate,when in 1997 he had to sign off a SCI vessel as he fell sick.He went through such bouts of mental illness and had to sign on and off several ships till 2000 when a captain coerced him to resign by promising him an onshore job.Unaware of his rights under the Persons with Disabilities Act,he resigned only to be told glibly by SCI that it had "no policy to offer shore cadre posting''. That's when his long fight for justice began.He filed a complaint alleging discrimination with the Disabilities Commissioner based in Pune and attached a letter by renowned psychiatrist Dr Y A Matcheswalla in April 2002 certifying that he was fit for shore duties.
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(SOURCE-TOI)

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