CITIZENS APPEAL FOR ENSURING EXPEDITIOUS ANDTIMELY JUSTICE TO ALL

> SAKSHAT BANSAL> rohit sinha> Arpan kamal> TEJASWINI RANJAN> BHAVISH CHANDRA

“The very lexicon justice is larded with such noble propositionswhere it is inevitable on the part of judges and jurists to impart it at

the earliest in order to assert and acclaim its cherished values.

Any paraphernalia of procrastination ,inordinate delays andofficious tendency of judges often jeopardizes the cause of millionsof people who expect that wagon wheel of justice will come as a full

circle and will reaffirm people’s faith in Judicial System.

It is a modest and humble initiative on our part to buttress thebulwark of justice imparting system.”

PENDENCY OF CASES: A STATISTICAL REVIEW

210

280.22

280

42

0.540

50

100

150

200

250

300

SUB.COURTS

HIGHCOURTS

SC

2000 (lakhs)2010(lakhs)

# About 55,000 cases are currently pendingwith the Supreme Court, 42 lakh with HighCourts and 2.8 crore with subordinatecourts.

# Pendency has increased by 148% in theSupreme Court, 53% in High Courts and36% in subordinate courts inthe last 10 years.

# Pendency of cases across Indian courtshas increased by 38% in the last decade

56

78 79

5540

19 17

42

2.7 1.8 1.7 2.80

102030405060708090

SC (thousand)

HC (Lakhs)

Sub. Court(crore)

Note: Data spans duration of oneyear. However, due to lack ofavailability ofinformation, the time periods areslightly staggered. Periods underconsideration are: SC (Jan - Dec2010), HC and Subordinate Courts(Oct ‘09 – Oct ‘10)

Civil Cases:

VIABLE EXISTING SOLUTIONS TO ABOVE-MENTIONED PROBLEMS:#1) Non- adoption of Sec. 89 by the judges of lower courts; Need for organizingworkshops for judges for creating awareness in this regard by National JudicialAcademy.#2) Production of irrelevant evidences by the parties to the suit which consumes timeof the court fishing out the relevant evidences from irrelevant ones; The disposal ofcases filed for revision regarding ‘adduction of evidence’ could be other solution.#3) CPC order 6 specifically Rule 16, 17 ,18 must be followed strictly & court shouldonly be allowed amendment in necessary subject matter of dispute.#4) Only in exceptional situation should adjournment of court proceedings beallowed .#5) The precedence of hearing of cases should be given preference on the basis oftime of pendency, impact on society and subject matter.

MAJOR PROBLEMS OF CONCERN IN CIVIL CASES:# 1) Non- Adoption of ADR in appropriate cases.#2) Unnecessary production of inappropriate evidences.#3) Frequent amendments in pleadings.#4) Frequent adjournment of court proceedings.#5) Improper court management system.

CRIMINAL LAW:MAJOR PROBLEMS OF CONCERN IN CRIMINAL CASES:

#1) Non-compliance of Sec. 207 of Cr.P.C.#2) Lack of speedy trail due to inefficiency of policing agency andprosecuting officer.#3) Plea- Bargaining & Lok-Adalat not working efficiently.#4) Lack of Fast Track Courts#5) Concept of Pleader

VIABLE EXISTING SOLUTIONS TO ABOVE-MENTIONEDPROBLEMS:

#1) Police Paper must be attached with the charge-sheet and the case diary whengiven to the accused, which is right of the accused ( AIR 1981 SC 917).#2) There should be a check on the role of Prosecuting Officer; Commissioner andDGP should be vigilant; I.O. must produce all witnesses on time.#3) Compoundable Offences should be referred to Lok-Adalat; Non Compoundableto Plea- Bargaining wherever possible.#4) Heinous and serious crimes must be dealt by fast track courts to provide speedyjustice to the victim.#5) The concept of pleader, w.r.t. Sec. 2 (q) of Cr.P.C., as per which the pleader canpresent his case in the absence of his counsel.

ARTIFICIAL LEGAL INTELLIGENCE: PROPOSED LEGAL SYSTEM

PROPOSALThis proposed system is a legal counseling system that accepts the current factsituation of the case from a legal practitioner and interactively proceeds to analyzethe case based on statute and real world information.

INFORMATION GATHERING# TECHNICAL information consists of particulars of sections of relevant Actinvoked in dealing with the case, i.e., the ingredients and evidence level at the each ofthe ingredients has been established.# NON-TECHNICAL information consists of the details of how and why the crimewas committed.#FORMAL general information consists of details of each sections.

PROCEDUREWhen the user interacts with the system, the shell collects the case details through aquestion-answering session. The shell uses the instances to accommodate the details ofthe real world info. of the case. Evidence Estimator gets technical info. from the shell,and prepares the instance representing the case in view of the relevant section. CaseStrength Evaluator measures the strength of the given case in accordance with theStatute. The Discretion Module accommodates the experience based real world knowledgeof legal professionals. Credibility Evaluator determines the credibility of the case andDecision maker suggests a decision on whether the accused has to be convicted or not.

RECRUITMENT• JUDGE: Three sitting judges of the

HC will be dispensed with deliveringand administering the final judgment .

• LEGAL AID SERVICESAUTHORITY: The legal aid will beprovided by authority to people whocome to seek justice under the system.

• TECHNICIANS: A 5 membertechnicians group will look after themaintenance of the software, hardwareand data input techniques.

MANAGEMENT• MEDIUM OF

INSTRUCTION: English• TRIAL PERIOD: 1 year• COURT FEES: The court

fees will be equivalent tothat charged by the HighCourts.

• A special training will beprovided to the judicialstaffs and judges byNational Judicial Academyand technicians as well asper the standards

IMPLEMENTATION• Implementing this

mechanism in high courtsof Allahabad, Jabalpur,Bangalore and Patna.

• Cases related to pettyoffences as recognized bylaw will be dealt.

• The jurisdiction of thismechanism will beequivalent to that of HighCourts.

FUNCTIONING OF THE ARTIFICIAL LEGALINTELLIGENCE: THE PROPOSED LEGAL SYSTEM

EXPENCES TO BE INCURRED FOR THIS SYSTEM VIS-À-VISTOTAL REVENUE TO BE FUNDED

TOTALFUNDING

REQUIRED

ORGANIZATIONCOST

SALARY TO THEJUDGES, STAFFSAND EMPLOYEES

MAINTENANCE

LOGISTIC COST

INSTALLATION COSTOF THE DEVICE

TRANSPORTATIONCOST

AWARENESS COSTS

TECHNOLOGYCOST

IT HARDWARECOST

IT SOFTWARE COST

COMMUNICATIONCOST

ANANNUALCOST OF10CRORES

TOTALCOSTOF 8CRORES

TOTALCOSTOF 35CRORES

IN OUR UNDERSTANDING…….•“No work” by lawyers is again a problem. Similarly, Section 249 of the Cr.P.C is not strictly followed bycourts. Another problem is that on the absence of complainant, the complainant is not compounded, and theaccused is not discharged. Also, if we have day-to-day hearing procedure, a lot of matters will get resolved.Vacations at courts should also be curtailed.

•There are many cases in which maximum number of appeals is not required. Such cases should be classifiedand the maximum appeal in those should be limited to high court only. This will help to reduce the burden onthe Supreme Court and subsequently, the number of pending cases will fall.

•Under Rule 17, Order 1 of CPC, maximum three stay orders can be granted .Under, Order 8 Rule 1, W.S.should be filed within 30 days; the court can extend it to 90 days. If these provisions are strictly followed, thenumber of pending cases will come down to a large extent. Also, courts should award stay orders on revisionsand appeal with a condition that the parties won’t make surplus delays; otherwise the stay order will lapse.

•Earlier, in most of the cases, the accused failed to summon, even if the accused managed to do so, thewitnesses failed to summon, contributing to delay in the hearing. If the High Courts every month ask thesubordinate courts to present the number of pending cases along with the progress report on each of the cases,and also ask them to mandate warrants and summons, then the mentioned services would definitely showfruitful results. Finally, the pending matters will settle promptly.

•In our country, even today there are cases pending since 25-30 years on less serious issues due to lack ofsummons. Section 69 of the Cr.P.C provides for summon via post but, this is seldom used.

•In USA, this system is a success. It is a kind of development over ADR. Under this system, first of all, theparties seek the aid of the mediation process to resolve their disputes and afterwards approach the court. Thisconcept is getting prominence in developed nations because it not only reduces the burden on judiciary butalso ensures saving time and money.

SPEEDY JUSTICE :

Life and Liberty incorporated in Art 21, envisage speedy justice. Delay result in impairing capability and ability of the accused to defend himself. Enacting by judicial verdict bars of limitation beyond which the trial shall not proceed and

the arm of law shall lose its hold. Making aware of the masses about ADR. Court must design devise a model case management formula as well as rules and

regulations. Every electronic dealing must contain ODRM (Online dispute resolution mechanism)

Clause. For promotion, the judges have to fill their point as per the point quota system. In this quest, the

cases get disposed of leaving far behind the essence of justice; such speedy justice is not required.

• Fortunately or, Unfortunately, there is extreme subordination of Higher Judiciary upon LowerJudiciary. Those cases which could have been solved by Lower Courts, approach the High Court forjustice delivery.

• ADVANCE DECREE (Applicable in contractual understanding only) : A clause regardingthat clause in default will act as decree must be added. In case of default it must be presented byparty who is aggrieved. On the basis of that court shall pronounce the decision to compensate orrepay.

• In general, 80% of the cases remain with 20% of the lawyers, which overburdens the advocates.Therefore, the need of the hour is to produce more and more efficient lawyers via proper trainingand education.

REFERENCES :•Lok Sabha Unstarred Question No. 2569 (November 25, 2010)

•Rajya Sabha Unstarred Question No. 1173 (March 07, 2011)

•National Human Rights Commission, Prison Population Statistics (June, 2009), available athttp://nhrc.nic.in/PRISON_STATS_JUN_09_FOR_NIC.xls

•Vital Stats, Pendency of Cases in Indian Courts, PRS Legislative Research , Centre for Policy Research ,available at www.prsindia.com

•A. Lakshminath & Dr. Mukund Sarda, Digital Revolution And Artificial Intelligence- Challenges to LegalEducation and Legal Research, Prof. Dr., CNLU Law Journal, Volume 2, 2011-12, ISSN 0976805X

•Code of Civil Procedure, 1908

•Indian Penal Code, 1860

•Code of Criminal Procedure, 1973

•B. Uma Devi, Arrest, Detention and Criminal Justice System : A Study In the Context of the Constitution OfIndia, Oxford University Press, 2012

•Richard Leofric Jackson, Criminal Investigation: A Practical Textbook for Magistrates, Police Officers &Lawyers, Universal Law Publishing Co. Pvt. Ltd., 5th edition, 2008, ISBN : 978-81-7534-180-7

•Dr. Ashutosh, Rights of Accused, Universal Law Publishing Co. Pvt. Ltd., 2009, ISBN :978-81-7534-738-0

•Mulla, The Code of Civil Procedure, Lexis Nexis, Vol.2, 2008, ISBN : 978-81-8038-145-4

APPENDIX 1:

Non technical information processing to estimate the credibility of theft cases is illustratedthrough the following sample cases with the system.

CASE 1DESCRIPTION OF CASE-1On 29th june, 1992, Monday at around 2.30 A.M, a theft occurred in the house of sriRamesh, situated at Kankarbhag, Patna. While the inmates were sleeping, the accusedentered the house. The accused threatened the inmates with a sharp knife and stole a goldchain worth Rs. 10,000/- weighing 30,g, a gold ring worth Rs. 3,000/-Weighing 10g bearing the identification mark ‘TH’ on it, and cash equal to Rs 5,000/- Whenthe watchman approached the house, abettor heared him, signalled to the accused througha window and both of them escaped. Four silver plates worth Rs. 16,000/- Weighing2000gms. Were left untouched. Two days later, Pal and Raheem were arrested inDarbhanga while they were trying to sell a gold chain ( weighing 29 g) and a ring weighing10 g)which were similar to the stolen articles. The victim of the offence recognized pal, theoffender. It was found that the rope left a scene of the crime was bought by pal two daysprior to the day of the crime. The accused pal (30) is a strong man. Though he is dumb anddeaf, he is skilled in climbing heights with a rope. The abettor Raheem is skilled inliquidating gold articles.

APPENDIX 1 (CONTD.)C- LATTICES REPERSENTING CASE-1:(CIS-380 (IS-A (VALUE (CASE-REF)))

(ACCUSED (VALUE (PAL)))(EXECTUION (VALUE (EX-1)))

(ARREST (RECOVERED (RING2) (CHAIN2))(AKO (Ev-2)))

(ESCPAE (ALARMED (GHORKHA))))(PAL (IS-A (VALUE (ACCUSED-NAME)))

(APPEARANCE (AGE (30))(SEX MALE)))

(PHYSICAL- CAP (PHYSIQUE (STRONG))(HANDICAPS (DUMB-AND –DEAF)))

(ACQUIRED – QUAL (SKILLS (CLIMMING-WITH-ROPE)))(EX- (IS-A (VALUE (EXECUTION-REF)))(AKO (VALUE (EV-1)))(ABBETERS (NAME (RAHEEM)))(TOOLS-USED (VALUE (ROPE1) (KNIFE)))(SUSPECTED – SKILLS (GENERAL (RUNNING))

(SPECIAL (CLIMBING-WITH-ROPE)(LIQUIDIATING-GOLD)))

(AFFECTED (TYPE (MALE) (FEMALE)))(ITEMS (STOLEN (CHAIN1)

(RING1)(CASH1))

(UNTOUCHED (SILVER-PLATES))(LEFT ROPE1))))

(EV-1 (IS-A (VALUE (EVENT-NO)))(PLACE (SPOT (DWELLING-HOUSE))

(LOCATION (KANKARBHAG))

(JURISDICTION (PATNA)))(DAY (DATE (29-6-92)(TIME (2 HOURS))MINUTES (30))))(CHAIN 1 (IS-A (VALUE (ITEM- NAME)))(DESCRIPTION (TYPES OF ORNAMENT))

(MAKE (GOLD-90))(WEIGHT-GMS ((30.0.95))))

(LIQUIDITY (WORTH (10000)))

(PROBABLITY (VERY HIGH)))(RING (IS-A(VALUE (ITEM-NAME)))(DESCRIPTION (TYPE-ORNAMENT))

(MAKE (GOLD-90))(WEIGHT-GMS ((10)))(ITEN-MARKS (TH)))

(LIQUIDITY (WORTH (3000))(PROBABBLITY (VERY-HIGH))))

(CASH (IS-A (VALUE (ITEM-NAME)))(LIQUIDITY (WORTH 5000))

(PROBABLITY (HIGH)))(DESCRIPTION (TYPE (MONEY)))(SILVER-PLATES (IS- (VALUE (ITEM-NAME)))

(LIQUIDITY (PORTABILITY (MEDIUM))(WORTH (16000)))

(DESRIPTION (WEIGHT- GMS (2000))))(ROPE (IS-A (VALUE (ITEM - NAME)))

(OWNERSHIP (NAME (PAL))))(RAHEEM (IS-A (VALUE (ABETTER-NAME)))

APPENDIX 1 (CONTD.)

(ACQUIRED-QUAL (SKILLS (LIQUIDITING- GOLD))))(EV-2 (IS-A (VALUE (EVENT-NO)))

(DAY (DATE (01-792)))(PLACE (JURISDICTION (DARBHANGA))))(CHAIN 2 (IS-A (VALUE (ITEM- NAME)))

(DESCRIPTION (TYPE (ORNAMENT))(MAKE (GOLD-90))(WEIGHT- GMS (29))))

(RING 2 (IS-A (VALUE(ITEM- NAME)))(DESCRIPTION (TYPE (ORNAMENT))

(MAKE (GOLD-90))(WEIGHT- GMS (10))))(IDEN – MARKS (TH))))

CASE 1. Evaluation follows in context 1.>(evaluate ‘CIS-280)ROPE 1 BELONGING TO Accused was found at the scene of occurrence.Is this reasonably explained?Indicate y/nDoes the deformity (dumb-and –deaf) allow the accused to perform EACH and EVER ONE of the following tasks (Evenwith the help of RAHEEM)?(RUNNING, CLIMBING –WITH –ROPE)Consult the expert and accordingly indicate y/n nIt is assumed that the weight of ING 1 is exact.Did the accused prove his ownership/ right of possession regarding each of the following items?(CHAIN2, RING2)Please indicate y/n. N1.5625 is the value of credibility for the present case CIS-380.THANK – YOU!

APPENDIX 1 (CONTD.)

CASE1. Evaluation follows in context 2.>(evaluate ‘CIS-380)Rope 1 belonging to the accused was found at the scene of occurrence.Indicate y/n y

Does the deformity (DUM-AND DEAF) allow the accused to perform EACH and EVERYONE of the following tasks (even with the help of RAHEEM)?(RUNNING, CLIMBING –WITH-ROPE)Consult the experts and accordingly indicate y/n. Y

It is assumed that the weight of RING 1 is exact.Did the accused prove his ownership/ right of possession regarding each of the followingitems?(CHAIN2, RING 2)Please indicate Y/n. Y1 is the value of credibility for the present case CIS- 380.THANK-YOU!

APPENDIX 1 (CONTD.)