THE TANGLED MESS
SPEEDY DISPOSAL OF CASES IN INDIA
Law
is the most vital instrument of social transformation which needs to be
dispensed effectively. Indian courts are notorious for their inordinate delay
in disposing cases, even though the country’s legal system works on the fundamental
principle – “Justice delayed is justice denied”.
The
right to speedy trail is considered as a constitutional right and is clearly
recognized by the apex court in 1979’s famous Hussainara Khatoon case. Even
after years of this verdict, we are still debating on the importance of speedy
trail and delay in the justice delivery system, which itself is quite
appalling.
As
per the latest records, there are more than 30 million cases waiting to be disposed
off throughout the country, in which over 70,000 pending matters are piled up in
the apex court. By this we can see that our courts are overloaded with colossal
number of cases and are struggling to prioritize the cases whereby justice is
not delayed to the needy. But in practice this approach is very difficult to
implement. If the cases are disposed on
a priority basis, natural justice principle will be violated to the person who first
approached the courts, seeking justice. Here the question arises as to who
decides the priority. An individual’s own case may be his prime priority but it
should not be left unattended for the sole reason that it has got less social
significance, or that there are more important cases which directly affect the
social and economic development of the country. When one cannot get a remedy
which is so critical to him in a timely way, it lessens his confidence in the
judicial system. Besides judiciary is considered as the last resort of the
common man, and to instil confidence, the justice delivery system should deliver
in a timely and efficient manner.
When
considering criminal cases, delays are common and condition is further disgraceful.
Inordinate delay in disposing criminal cases may lead to detaining the accused
in jail without trail. According to the most recent reports there are approximately
240,000 under trail prisoners in the country. These numbers reflect a wicked
image of our great democratic republic.
On
the other hand criminal activities are on the rise. Terrorism and Sex Crimes have
evolved as the biggest social threats. For
such matters unbiased penance and timely disposal is highly vital so as to proclaim
the message that gruesome criminal acts will be suppressed instantly. The swift
judgements in the Mumbai blast case and Delhi Gang Rape case had lighten the
way.
The
government is duty bound to take firm action on a fast-track basis to unscramble
this pathetic condition. This can be done only through setting up new courts
and appointing adequate judicial staff to speed up the justice delivery system.
Even when the government is funding infrastructure and encouraging new ventures,
it has to ensure that our courts are properly financed to deliver justice to
the deprived. They must realise that the key to a better society is not
shopping malls or high tech cities but peace and harmony.
At this Juncture the following words of Justice Brennan has become ever more significant.
"Nothing rankles more in the human heart than a brooding
sense of injustice.
Illness we can put up with. But injustice makes us
want to pull things down”
By Adv.Mathew Abraham & Adv. Nikhil George, NEXT MAXIM LEGAL CONSULTANTS
