Author: Atharv kulkarni, Shahaji Law College
We all know that, in colonial era Britishers suppressed Indians. They introduced acts for Justice and Equality but actual they were for the British administration. Therefore, after independence the aim of the makers of Indian Constitution was to easy access to justice and equality to everyone without any discrimination and any difficulties. By this vision, the word ‘Justice’ incorporated in Preamble of Indian Constitution. Article 39(A) of Indian Constitution deals with the part of Directive Principle of State Policy is for direction to state to ensure and secure equal justice and free legal aid to each citizen. Judiciary has responsibility to ensure the justice. Judiciary works to save democracy. Judiciary has tried to provide justice to all citizens without any discrimination based on race, cast, religion, class etc. But still Excessive Delay in this system is the main demerit of the judiciary.
According to the Former Chief Justice of India JS Verma, “ Timely justice is the antithesis of judicial abuse.”
The much used cliché – ‘Justice Delayed is Justice Denied’ is still relevant for those for whom the mills of justice grind exceedingly slow.
In the recent case of Delhi minister Satyendar Kumar Jain, where he was arrested on money laundering charges, the plea for regular bail by him is facing repeated adjournments.
Many high profile cases seen several adjournments, prolonging detention and triggering a debate about the fairness of bail proceedings. Timely disposal of bail pleas is important to ensure that the accused doesn’t face legal limbo and suffer undue incarceration. Bail is a mechanism which guarantees that the accused is not deprived of liberty while awaiting trial.
As per section 436A of CRPC, the maximum period for which an under trial prisoner can be detained. It states that there is limit of period for detention.
Some popular adjournment cases :
Arun Gawali Case : The infamous underworld figure who turned later into politician faced numerous criminal charges, including murders and extortion. His bail pleas saw repeated adjournments over extended period.
Rhea Chakraborty case : The Bollywood actresses and girlfriend of late actor Sushant Singh Rajput was in a media trial following his suspicious death. She faced multiple charges, such as abetment to suicide and drug-related offenses. Her bail pleas saw several adjournments, prolonging her detention and triggering a public debate on the fairness of bail proceedings in high profile cases.
Arnab Goswami case : The famous journalist was arrested on charges of abetment to suicide. His bail plea was also postponed several times.
The Supreme Court gave message to all High Court to protect the rights of citizens. Also the Court said bluntly that “ the personal liberty is increasingly becoming a casualty in the country.”
Last year, the Madhya Pradesh High Court took a stand on delays in bail plea and said that “ the right to speedy justice is a Fundamental Right”. The Chief Justice is asking district courts to dispose of 25 of their oldest cases every quarter.
One of the reason for bail petitions being indefinitely is the reluctance of trial court judges to grant bail in sensitive cases. CJI DY Chandrachud had pinpointed the shortcoming. He also highlighted the ‘adjournment culture’ in courts. While he said the rule ‘bail but not jail’ is one of the most fundamental rules of the justice system. These adjournments of bail pleas go against the human rights and individual freedom.
Till September 2021, there were 4.5 crore pending cases in all courts including Supreme Court and High Court. It affects on under trials. For this Judicial system has taken steps timely. In Law commissions 14th,27th,41st,54th,58th,71st,74th,79th and 144th reports timely highlighted problems in Judicial system and recommended measures.
Upahaar cinema hall case :
This is the landmark case of delayed justice, where the fire broke out in the cinema hall during the screening of movie ‘Border’. Where 100 people were injured. The inquiry report of committee held owners of cinema hall responsible. The final verdict was passed after 18 years. The verdict fined the accused to paid Rs. 60 crores to the Delhi Government. The verdict was not passed on time. The trial granted justice but not on time.
In high tech era, we are growing fast in each sector, where Judicial system is still lengthy and slow.
We will see the reasons for this problem,
Reasons:
High vacancies of courts and judges:
The population of India is more than 100 crore, in India approximately 17,615 judges only. The ratio of population and number of judges is not matching.
Incompetent and Inefficient Advocates:
Majority of Advocates in India use adjournments as tool to hide their incompetency and exploit their clients. They stretches the case unnecessarily.
Complex Procedure:
People faces problems due to the formal technicalities of the administrative system of courts. The procedure is very lengthy and complex due which many people tries avoid to go to the courts.
Burden on Judiciary:
As discussed earlier, the ratio of population and the judges in India in not matching. Therefore, there is more burden on the judicial system.
Measures:
Awareness :
In the education and administrative system awareness about Law, Order and Rights should be spread. It requires positive and optimistic approach for reforming.
Increase in Delegated Legislation :
To decrease or overcome from the burden on courts more Delegated Legislation should be created. It must introduce quasi-judicial bodies, special tribunals etc.
Fines :
Strict fine should be applied for unnecessary delay in judicial system.
Alternative Dispute Resolution (ADR) System :
The ADR system such as Arbitration, Conciliation, Mediation etc. should be introduced to related cases for betterment of justice.
This system is less expensive and less formal. It most useful in speedy and cost effective disposing matters.
Technological Infrastructure :
Technology always makes any work easy. In judicial system it can be achieved through e-filings, e-return, e-storage for speedy disposal.
Conclusion:
We can conclude that, this article highlights the importance of timely legal process. It creates impact on integrity of justice system. When delay occurs, they not only affect the rights of individuals but also affect on the public trust upon the courts and legal institutions.
Legal system have to be efficient for timely justice. It has to adopt the measures for accessible, efficient, responsive legal system.
FAQS
Q.What can an individual do if they experience delayed justice?
A.It increases financial burden or stress on both victims and defendants as well as it affects emotionally also.
Q.Wrongful convictions may held.
A.It will eradicate the trust upon the courts and justice system.
Q.What is the role of the courts to prevent the delay?
A.Courts can prioritize the cases upon urgency. Courts can utilize technology for more efficiency. Courts can suggest Alternative Dispute Resolution Systems i.e. ADR methods for speedy disposal.
Q.How technology will reduce the delay in the justice system?
A. By developing technological infrastructure, it helps in working by e-filling, e-returns, e-storage, virtual hearings etc. It improves efficiency and reduces the unnecessary work.
References:
Legal Magazine
https://youtu.be/olZYP7N4Grc?feature=shared
