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JUSTICE DELAYED IS JUSTICE DENIED

R.Venkatesh Santosh Pandhare Arun Nigam Ganesh Shendkar

Power of Judiciary lies not in deciding cases, nor in Imposing sentences nor in punishing for contempt, but in the trust, faith and confidence of the common man

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Pendency of Cases – Indian Supreme Court

2000 20100

10000

20000

30000

40000

50000

60000

20000

55000

Supreme Court

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Pendency of Cases – Indian High Courts

2000 20100

500,000

1,000,000

1,500,000

2,000,000

2,500,000

3,000,000

3,500,000

4,000,000

4,500,000

2,800,000

4,200,000

High Courts

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Pendency of Cases – Indian Sub Courts

2000 20100

5,000,000

10,000,000

15,000,000

20,000,000

25,000,000

30,000,000

20,000,000

28,000,000

Sub Courts

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Increase of Pendency from 2000 to 2010  

Supreme Court 148%

High Courts 53%

Sub Courts 36%

Reasons for Increase :1. Increase in institution of fresh cases2. Inadequate number of judges and

vacancies3. Inadequate physical infrastructure and

staff4. Frequent adjournments

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Filing and resolution of cases - 2010

Supreme Court (Thousands)

High Courts(Lakhs) Sub Courts(Crores)0

10

20

30

40

50

60

70

80

56

40

2.7

78

19

1.8

79

17

1.7

55

42

2.8

Pending (Year start) Fresh filingsResolved Pending(Year end)

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Vacancies across courts

Alla-habad Calcutta

BombayMadras

Supreme Court

020406080

100120140160

160

5875

60

31

81

3661

53

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Sanctioned Current

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Are there enough Judges ? India has approximately

11 judges for every million people

US has 110 per million in the United States.

India’s Justice Ministry last year called for an increase of 50 judges per million people by 2013.

But it is unclear how the government would pay for such a massive overhaul.

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SC: Why has LN Mishra murder trial dragged for 37 years?

- 16.12.2011

Chronology of Events• 02.01.1975 – LN Mishra killed in bomb attack• 09.01.1975 – Case handed over to CBI• 01.11.1975 – Chargesheet filed• 27 year old advocate cited as accused is now 64

years old• Has already suffered a heart attack• 39 defence witnesses cited – 31 have died• 22 judges have heard the case so far• The person killed was Prominent Union Minister• Two decades ago, SC directed day to day trial• A clear indication of our badly clogged judicial

system

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The wheels of Indian justice grind slowly, but there are times when they don’t move at all

Bengali Royal Family’s Property in Old Bengal Pending for 175 years …. Property belonged to Raja Rajkrishna Deb, a 17th-

century landlord of Bengal’s Shovabazar royal family The stakes are high o some seven mansions in north Kolkata, o nearly 100,000 acres of land in what is now

Bangladesh, o large tracts of land in at least three districts of West

Bengal, and half of erstwhile Sutanati, o one of the three villages that make up modern

Kolkata. Litigation started in 1833 Still ‘running successfully’ in Calcutta High

Court…

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No. of Under-trials in Jails double that of Convicts

Undertrials Convicts0

0.5

1

1.5

2

2.5

3

2.6 L

1.2 L

Prisoners

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National Mission for Delivery of Justice and Legal Reforms

92,000 under-trial prisoners released Charged only under petty offences Sentence adjusted with period already

undergone UP alone released 29,009 UT Prisoners

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Setting up Rural Courts 850 Rural courts to be

set up in India Villagers get justice at

their door steps Covers a jurisdiction of

6-7 village panchayats Also mobile courts to

reduce pendencies Will reduce the

difficulty of villagers in reaching courts in towns…

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Lok Adalats Alternative Dispute

Resolution People’s Court Deals with civil cases &

compoundable criminal cases

Presided over by retired judges

No Court fees, No strict procedures

Pending cases are transferred and disposed off

Consent of both parties mandatory

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Appointment of Ad-hoc Judges 15,000 Trial court judges

& 700 High Court Judges to be appointed on ad-hoc basis

From a pool of retired judges and senior advocates

Appointment for a limited period to clear backlog

These courts will work in 3 shifts

Aim to bring average pendency of case from 15 years to 3 years…

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Justice seekers wait day after day, Month after month, year after yearEven decade is passed butIn course of justice they don't hear.

Sometimes they pass away without getting the justice.Such delays lack faithIn system amongst the public.

Maggu's land was capturedIn an act of atrocityAnd his cow was stolenFrom his own vicinity.

With good efforts of policeThe stolen cow was traced

But died before order of justiceTo return it, was graced.

Maggu filed an other suitDemanding for compensation; His land dispute was alreadyPending under litigation.

Finally justice prevailedHe got verdict in his favour

Compensation and his landYears he waited with fervor.

But by the time justice givenOld Maggu was dead This is how legal maximJustice delayed is justice denied.

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