Hon’ble Mr. Justice V. Chithambaresh, Judge, High Court of Kerala,

Smt. Sophy Thomas, District and Sessions Judge, Thrissur,

Adv. K.D. Babu, District Government Pleader,

Adv. M. Ramankutty, Member Kerala Bar Council,

Adv. K.B. Mohandas, Member, Kerala Bar Council,

Adv. K.M. Thomas Raj, President, Thrissur Bar Association,

Adv. Antony Pellissery, Secretary, Thrissur Bar Association,

Adv. M. Haridas, Vice President, Thrissur Bar Association,

Adv. C.K. Kunjiporinchu, Chairman, Programme Committee,

Dear members of the Bar Association,

Friends in Media,

Sahodaree Sahodaranmaare,

Ellaavarkkum Ente Namaskaaram.

       It gives me great pleasure to inaugurate the Centenary Celebrations of the Trichur Bar Association.  In my present official capacity, I get only a few opportunities to interact with the legal fraternity, to which I have always belonged. I still cherish my days as a lawyer and therefore, addressing lawyers is like going back in time, feeling younger.

Let me at the outset, compliment the Trichur Bar Association for celebrating its centenary through various programmes. Being one of the oldest Bar Associations in the district, its members have certainly been witnesses to the major   developments in the legal sector in this area.

I am informed that the Trichur Bar Association, which was established in the year 1919, currently has more than 1700 members. Interestingly, the strength of the Association was just 139 in 1960; the subsequent rise in the number of members points to the increasing faith and interest of our youngsters in the legal profession.  It is also noteworthy that at present, half of the members of the Association are women.

Thrissur is usually known as the cultural capital of Kerala. But, seeing the list of eminent citizens and Statesmen like former Chief Minister the Late C. Achutha Menon, who were once members of this Bar Association, I am also convinced about the significance of this body as a major contributor to the socio-political development of Kerala society, right from the days of the Freedom struggle.

I am informed that several advocates from Thrissur have also contributed to the art, cinema and literary fields.  It is also gratifying to know that many advocates from here were selected to the Bench in the past. All these are pointers to the eminence of the members of this august body, which has also been concentrating on the welfare activities of the Bar, and strongly supporting the delivery of justice to society at large.

The origin of the Thrissur Courts in 1813, through a proclamation of Colonel Munro, the Resident of the erstwhile Cochin State, establishment of two Munsiff Courts in 1862 and subsequent conversion of the Huzur Court to appeal courts and the designation of the Zilla court as District Court etc are too well known to be recounted now. However, society needs to be periodically informed about the phased transformation and perfection of our Legal system.  This perfection was facilitated by the presence of erudite jurists and judicial officers in Thrissur courts from time to time, of whom, the name of Justice
K.T. Thomas, former Judge of the Supreme Court comes to mind with ease.

At a happy occasion like this, we, the legal fraternity must think on enhancing the quality of our services and on how we could enrich our professional skills.  At such times, we should re-evaluate the role of a Lawyer in society by assessing our conduct as lawyers, our professional acumen, expertise, responsibilities and many other aspects.

As Lawyers, we are expected to provide justice to people, because justice ensures people's freedom. Of course, we also have a key role in maintaining the image of the judiciary.  Since hundreds of young lawyers are joining the profession every year, forums like these must devote some time for orienting our newcomers with ideas about the right conduct and performance in the legal profession.

We know that a Lawyer has to be vigilant, especially in maintaining credibility. As a person who led the Indian Judiciary in 2013-2014, I am worried about the reports about unqualified lawyers in our State and the nation. Last year we had reports quoting official sources that thousands of Lawyers in Kerala had not confirmed their educational credentials.  Even an allegation in this regard, is very depressing and it is high time Lawyers' Associations came forward to clear the mis-understanding caused in society.

A harmonious blending of Talent, Technique and Temperament are essential for every good lawyer. Talent   includes the skill of advocacy, which can be cultivated only through good reading. Besides, a lawyer should take maximum efforts to avoid litigation as much as possible. I am reminded of Abraham Lincoln who preferred to discourage litigation and believed that “as a peace maker, the lawyer has superior opportunity of being a good man and there will still be business enough”.

I am happy to learn that the Trichur Bar Association had started a Mediation Center as early as 2011 and that it has been rendering great service by settling thousands of cases. This means, you are effectively utilizing the avenues for Alternative Dispute Resolution, which can be invoked at any time, even if the matter is pending in the Court of Law. It will be good to train our young lawyers on using this means to settle cases under the Motor Vehicles Act, 1988, Workmen Compensation Act, the Consumer Protection Act, 1986, the Contract Act, 1872, Land Acquisition Act, Family Court matters and Labour matters etc.     I appeal to all members of Bar to take part in Lok Adalats and try to settle those matters by which litigants get final relief and   I am assuring that by resorting to Lok Adalat/Settlement, Lawyers may not loose anything.

As we all know, Government of India and State Governments are the largest litigants in India. But, many of our lawyers forget the stipulations regarding replying to notices in cases related to Governments and the result is long delays.  As lawyers, we should also impress upon governments to have a policy of settlement of disputes with citizens in sense of conciliation rather than confrontation.

All lawyers should also be familiar with the Amendments in the Civil Procedure Code of 2002,enacted to reduce the delays experienced by litigants. Oral arguments tend to go on endlessly and now under Rule 2(3A) of Order XVIII, written arguments can be submitted. This is a useful provision, because it offsets any possible injustice owing to the refusal of the Court to hear the arguments.

Coming to the Criminal Law (Amendment) Act, 2005, the idea of plea bargaining simplifies the formal legal procedure and ensures speedier disposal. This applies to cases in which the maximum punishment is imprisonment for seven years; however, offences affecting the socio-economic condition of the country and offences committed against a woman or a child below the age of 14 are excluded.

Although the Evidence Act has been in force for many years, it has often been amended to acknowledge important developments. Amendments have been made to the Evidence Act to introduce the admissibility of both electronic records and paper-based documents. After ‘Nirbhaya case’ at Delhi, several provisions in Indian Penal Code, Criminal Procedure Code, Evidence Act, I.T Act, were amended by Parliament. Young Lawyers must be familiar with those important amendments.

As a solution to the case-congestion, people suggest temporary measures like reducing the number of court holidays and so on. However, we could try the judicious use of technology to increase the pace of procedures and concentrate entire court time for disposal of cases. You may be familiar with the e-Courts online platform, developed on the basis of the National Policy and Action Planfor Implementation of Information and Communication Technology (ICT) for the Indian judiciary.  At present, e-Courts has moved to the mobile through a Mobile App, which is updated and made available for both Android and other versions. I am certain that some of you may be already using this application to seek information about   cases filed in subordinate courts and most of the High Courts of the country.

As this Association celebrates its centenary, the agenda should not be limited to the celebration of the achievements of the past. Instead, it should extend to the preparation for performing well in a technology driven future. I hope the Association would empower all its members through regular techno- orientation programmes.

I compliment the Trichur Bar Association for conducting this programme in a befitting manner. I hope such interactions would help us to improve professionally and to perform our social duties in a manner that benefits the people of our country.

Ellavarkkum Ente Aashamsakal

Nanni

Jai Hind