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Kokila
and Manoj Bochana were smiling again. More than a year after a painful
separation and numerous hearings in a city court, the couple from
Ahmedabad reunited on December 2006. And, getting them together was a
unique concept that started in Gujarat recently—a night court. So,
when a night court heard their case and convinced the two to get together
again, they returned home, vowing to start life afresh. The Bochana family
story isn’t an exception. In just 45 days of its inception, night courts
in Gujarat—the first in the country—have brought back smiles on the
faces of nearly 16,000 litigants till now. And,
as cases pile up in courts across the country, litigants in
Gujarat—mostly those with petty cases on them—are going back home
happy. “We have been attending court every month since I filed the case
in October 2005. But, the matter was never taken up. Finally, we got
summons from the night court,” said Kokila. For
Sanjay (name changed), a school teacher in Ahmedabad, it was a nine-year
wait that came to an end recently when a night court heard his case—an
accident that had left a cyclist with a fractured leg in August 1997. A
Rs. 1,300 penalty and an order to sit through the night court got Sanjay
out of his agony. “I admitted to having caused the accident, I was
sentenced and the matter is over now,” said Sanjay. “Night
courts have come as a blessing for numerous litigants awaiting justice for
years,” says Gujarat law minister Ashok Bhatt. Bhatt said, “Even for a
petty offence, people had to stay away from their work to attend court.
The aim of the move was to ensure speedy disposal of petty offences. If
these are taken up by the night courts, the routine courts would have more
time to handle the serious cases. The number of night courts has grown to
42 from 17 now,” said Bhatt. “The
laws have been framed under the Evening Court Rules, 2006. Civil cases,
where the claim is up to Rs. 1 lakh, miscellaneous civil appeals and
applications, claims petition and applications under the Motor Vehicles
Act, criminal cases punishable with imprisonment which may be extended up
to three years and a fine, criminal revision applications, cases under the
Industrial Disputes Act and the Bombay Industrial Relations Act can be
tried in these courts,” Bhatt said. “The
evening courts begin from 6.15 pm and run for two hours on all working
days. All judicial officers and other staff working in these courts will
get 25 per cent of their basic pay, as honorarium,” he adds. On
November 14, 2006, 17 evening courts in Ahmedabad (rural), five in the
metropolitan magistrate’s court and five courts in Rajkot district
started functioning in the first phase. The success has led the Gujarat
government planning more night courts in the state. “The
next courts would be in Bhavnagar, Surat, Mehsana and Jamnagar districts.
With a number of cases high in Surat and Bhavnagar, there could be four
night courts in Surat and two in Bhavnagar. Proposal of night courts in
Vadodara too has been taken up,” says Bhatt. The
registrar says night courts would also be started on an experimental basis
at the taluka level. The government has already approved night courts in
talukas like Dabhoi, Sankheda and Savli in Vadodara district and Borsad in
Anand. “Judges
in the night courts are relatively free and hence have more time to take
up petty offences. A routine court usually has not less than 100 judicial
matters on board each day,” says judge of Ahmedabad rural court, A S
Budhwani. Himanshu Kaushik in TOI
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