Judicial Reforms
Fast track Courts is the answer to expedite pending court cases
One of the most serious issues relating to judicial reform relates to
liquidation of large number of pending cases at various levels from the
lowest to the highest courts. The state wise pendency in various courts
is discussed below-
Over three million cases are pending in India's 21 high courts, and an
astounding 26.3 million cases are pending in subordinate courts across
the country. At the same time, there are almost a quarter million under-trials
languishing in jails across the country. Of these, some 2,069 have been
in jail for more than five years, even as their guilt or innocence is
yet to be ascertained. The information was revealed by official figures
emerging from the home ministry's department of justice, under a Right
to Information Act application placed by a citizen.
It has also been found that over a quarter of all pending high court cases
are at Allahabad, which had some 1.09 million pending cases, with over
eight out of every 10 cases being civil cases at the end of 2006. Madras
High Court (406,958) and Bombay High Court (362,949) were the others with
a large number of pending cases. Sikkim is the lowest with just 51 pending
cases. Of the pending cases in high courts, 704,214 were criminal and
3.2 million were civil cases.
Meanwhile, the Supreme Court of India had a total of 39,780 civil and
criminal pending cases.
In the subordinate courts, Uttar Pradesh again topped the number of pending
cases (4.6 million), followed by Maharashtra (4.1 million), Gujarat (3.9
million), West Bengal (1.9 million), Bihar (1.2 million), Karnataka (1.06
million), Rajasthan (1.05 million), Orissa (1 million), Andhra Pradesh
(900,000).
At the current rate, it may take more than 360 years to dispose off all
the pending cases, without any fresh addition.
If India has to gain the status of a super power in the near future, one
of the important yardsticks by which the country would be judged is in
terms of its success in the expeditious trial of cases filed in Courts.
As the economic progress catches steam, crime graph in the country is
also rising. Fed up with the rising numbers and delays in bringing the
culprits to book, people are demanding quicker punishments by way of expeditious
investigation by the Police (or any other agency concerned), quick filing
of charge sheets in courts of law and expeditious trial of those cases.
In modern day life style, heinous crimes such as kidnapping, rape or murder
of young women (particularly working women) surely outrages the modesty
of the entire society. Recently double murder in quick succession of two
young ladies, Soumya Viswanathan and Jigeesha Ghosh in Delhi has angered
the entire society. Similar incidents are also taking place elsewhere.
It is to the credit of police department that they have been able to catch
the culprits in the above said case rather quickly. But the question that
concerns the civil society is the delay in investigation of (heinous)
crimes and the time taken in filing the charge sheets against the culprits
in the courts of law. Then comes the excessive delay in the trial of those
cases in the Courts.
In the developed world, the time taken in disposal of cases from the stage
of detection of the crime to the first successful conclusion of the trial
may not take more than one to two years in the extreme. However, in India,
going by the past history of cases (even in the high flying cases which
were vigourously pursued by the electronic and print media), conclusion
of trial has taken anywhere from five to twenty years. Such long delays
are not acceptable to the civil society, whatever be the reasons of delay.
Remedy for expeditious trial
There is a remedy and a solution to the problem of expeditious disposal
of such cases and the methodology suggested here is based on the experience
of the working of fast track courts set up in Bihar.
Bihar was known for being one of the most crime infested states in the
country. However, in the last three years or so, the government of Bihar
set up fast track courts which have prosecuted more than 30,000 cases.
Long pending cases of murder and similar crimes have been disposed off
expeditiously and criminals are now cooling their heels in jails.
The impact on the larger society has been that most part of the states
has now been rid of the goons and criminals, who were once ruling the
roost. Scale of crime has also substantially dwindled. Even some MPs have
been convicted in cases of murder, kidnapping etc. Fast track trial has
created a new faith and sense of confidence among the people about the
working of the law and order machinery.
Therefore, in order to liquidate the pendency of court cases in other
states, all out efforts should be made by the other state governments
in the country to emulate the example of Bihar. Fast track courts may
be set up immediately in every state. The following procedure can be followed
in setting up these courts and trial of certain category of cases.
-
10% of the total number of courts should immediately be earmarked and
designated as fast track courts at the trial stage, even without waiting
for setting up additional courts, additional employment of Judges or
additional resources etc.
-
Certain category of cases of high social stake, such as murder, rape,
kidnapping or crimes committed against women particular working woman
may be taken up in the fast track courts.
-
Once the charge sheet has been filed in the court, one month time may
be granted to both sides to ensure that all the papers are in place,
witnesses are available for examination and the entire procedure can
be followed during the trial. The judge concerned can examine on weekly
basis after filing of the charge sheet to ensure that the papers, witnesses
and all materials etc are ready for taking up cases on the schedule
-
That the trial should immediately start after expiry of 30 days from
the date of filing of the charge sheet. There would be no framing of
charges separately.
-
Trial should be held on day-to-day basis without any adjournment on
whatever grounds in the fast track courts.
-
There should be no provision for adjournment by either side unless the
concerned Judge feels otherwise and even in those cases adjournment
cannot exceed for more than one to two weeks.
-
The day-to-day trial should normally take from three to fifteen days
and thereafter the judgment may be pronounced within one month.
-
In case there is any appeal filed by either side with the higher court,
certain benches of those courts may especially be designated for hearing
those appeals against the judgments from the fast track courts to conclude
their hearings. In appeal cases also, hearing on fast track mode must
be made for disposal of the appeals by hearing those cases on day-to-day
basis.
- Necessary
legal changes in the code of criminal procedures, Indian Penal Code
(IPC) or other laws may be made to facilitate working of this system.
- Learning
form this experiment, gradually more and more regular courts will be
converted in to fast track courts and after say 2-3 years, we will have
only fast track courts.
- In
the short term, retired judges with reputation and integrity may be
re-employed for fixed tenure
The expeditious
disposal of cases in courts will surely come in a long way in establishing
the faith of the people in the criminal justice system and the neo class
of rich criminals with mega ambition can be checked. The social impact of
an efficient judicial system will go a long way in establishing the rule
of law in the country and re-establishing faith of the common man in the
democratic framework.
What is really required is the political will to create a 21st century institutional
apparatus for the criminal justice system.
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