timely justic
TRANSCRIPT
-
8/12/2019 Timely Justic
1/12
CITIZENS APPEAL: ENSURING EXPEDITIOUS AND
TIMELY JUSTICE TO ALL
TEAM: A1 NYAYA SHAKTI
Animesh Kumar, Dev Diwakar Patel, Dharmendra Panwar, Harshit Chandra and Madan Singh(Students, Gujarat National Law University, Gandhinagar)
ENSURING ACCESS TO JUSTICE
-
8/12/2019 Timely Justic
2/12
Lack of
Infrastructureand
Manpower
UnregulatedAdjournment
s
Attitude of
Lawyersand workculture in
Courts
EndlessAmendmen
t of Laws
Issuance ofSummons
FACTS AND FIGURESREASONS FOR BACKLOG
STATEMENT OF PROBLEM: LACK OF INFRASTRUCTURE, MANPOWER AND
FINANCIAL ASSISTANCE ARE MAJOR SOURCE FOR INCREASE IN THE
BACKLOG OF CASES IN INDIA
-
8/12/2019 Timely Justic
3/12
Facts and Figures
Judicial system has been granted fund of o.4% of the Indias GDPand 13thFinance Commission has allocated Rs. 5,000 Crore for
improvement in judicial delivery system
Ratio of Judges per million people (In 1999 Law Commission India
in 120thReport) - 11 judges (Supreme Court instructed to increase
ration to 50 judges within 5 years in 2002)
The present position16 judges per million people in India
(Source: MCMS)
Increase predicted:
- 75,000 judges- 37,000 judges and ratio from 16 to 30 judges per million people
(in next 3 years)
- Number of Courts to be increased from 14,000 to 18,847
-
8/12/2019 Timely Justic
4/12
Judicial Development and RecognitionHussainara Khatoon v State of
Bihar, (1980) 1 SCC 81
Right to Speedy Trial is implicitin Art 21 of the Constitution of
India
Hussainara Khatoon (II) V Home
Secretary, (1980) 1 SCC 91.
the Court emphasized expeditiousreview for withdrawal of cases
against under trails held for more
than two years.
Hussainara
Khatoon (III) vHome
Secretary,
(1980) 1 SCC
93
Protective
custody was held
to be a blatant
violation of art. 21
Hussainara Khatoon (IV) v. Home
Secretary, (1980)1 SCC 98The Court emphasized the right
as an essential ingredient of art.
21, which could not be denied on
the ground of financial or
administrative inability of the
state.
Hussainara Khatoon (V) v.
Home Secretary, (1980) 1 SCC
108
It was held that those changed
with multiple offences and
already imprisoned for period
longer than the total maximum
period, if the sentences were to
run consecutively, were alsoheld entitled to be released.
Nimeon Sangma v. Home Secretary, Govt. Of
Meghalaya, (1980) 1 SCC 700
The expeditious trial and the investigation
were reemphasized by Justice Krishna lyer
-
8/12/2019 Timely Justic
5/12
Kadra Pahadiya (I) v. State
of Bihar,
The Court complained that
right to speedy trial had
remained a paper promise
Kadra Pahhdiya (II) v. State of Bihar,
AIR 1982 SC 1167
Supreme Court has the power to give
necessary directions to the state
Government and appropriate
authorities for securing this right tothe accused.
Sheela Barse v. UOI, (1986) 3SCC
632.
The effect of the violation of the
right to speedy trial was that theprosecution itself was liable to be
quashed
S.C. Advocates on Record
Association v. UOI , AIR 1994 SC
268
The Court pointed out that it
may issue direction to assess the
felt need and fix the strength ofjudges according to the need.
Santosh Dev. Archana
Guha, AIR 1994 SC 1229
The Court asserted its
power to quash
proceedings for denial of
the right.
S Rama Krishna v S Rami Reddy,
AIR 2008 SC 2066
The Supreme Court has reiterated
that the speedy trial is a
fundamental right of an accused.
-
8/12/2019 Timely Justic
6/12
HISTORICAL DEVELOPMENT AND THESTANCE OF THE LAW
COMMISSION
The concept of speedy justice is sine quo non of criminal
jurisprudence. It saves a person from evil consequences of
incarceration. In past, a number of Committees have been set
up to achieve the target of speedy justice.
As back as 1924, Rankin Committee 1924 was
set up on delay in civil cases in High Courts and
subordinate Courts. In 1949, a High Court
Arrears Committee under the chairmanship
of Justice S.R. Das was appointed.
In 1969 Hidayatullah, CJ, presided over
a committee to look into the problem
of arrears in all its aspects. Later on,
Justice Shah was appointed the
Chairman of the Committee. The
Committee was known as High Courts
Arrears Committee, 1972.
Some states also set up committees to look into the problem.
For example, the W.B. Committee, 1949 under the
Chairmanship of Sir J. Harris then Chief Justice of the
Calcutta High Court and the Uttar Pradesh Committee, 1950
under the Chairmanship of Justice Wanchoo
LCI REPORT RECOMMENDATION
19thLaw Commission Report It proposed the creation of additional courts and benches to expedite justice
58thLaw Commission Report The Commission took note of imperative need to reduce load in the higher
Courts.
77thLaw Commission Report Long delay in the disposal of cases has resulted in huge arrears and a heavy
backlog of pending file in various courts in the country. No reform may prove
useful if the existing courts remained burdened with heavy backlog of
pending cases.
-
8/12/2019 Timely Justic
7/12
79thLaw Commission Report The Commission concluded that search for solution is to be regarded as
quest and periodical redefinition of methods is necessary. It further
emphasised the need for speedy implementation of many reports dealing
with the problem of delay and heavy backlog of arrears
120thLaw Commission Report Backlogging is a product of Inadequate judge-population ratio and lack of
infrastructure. Manpower Planning in Judiciary in which it compared
Indiasjudge-population ratio vis--vis developed countries and found thatthe ratio in India is 10.5 judges per million people (lowest in the world) as
compared to 41.6 per million people in Australia, 75.2 per million people in
Canada, 50.9 per million people in United Kingdom and 107 per million
people in United States of America. The Central (Government) has failed in
its objective to extend the judge strength to 107 judges per million people
by the year 2000 as recommended by the Law Commission of India.
Supreme Court of India in All India Judges Association & ors. V. Union ofIndia & Ors. has observed that judge strength should be increased by 10
per million people every year for 5 years to meet at least the desired ratio of
50 to a million people.
221stLaw Commission Report
230thLaw Commission Report
The Commission suggested that Section 80 and Order V of the Code of
Civil Procedure, 1908 should be amended. It also suggested for the
amendment of Section 378, 397 and 401 of the Code of Criminal Procedure,1973.
The Government of India should direct the state authorities to set up Fast
Track Courts in the country, which alone can solve the perennial problem
of the pendency of cases.
-
8/12/2019 Timely Justic
8/12
Section 260 The offencespunishable with imprisonment
not exceeding two years are
triable summarily.
Section 173
Report of the police officer oncompletion of the investigation
Section 309
Power to postpone or adjournproceedings
Section 157 of Cr.P.C
Procedure of Investigation
Section 167 of Cr.P.C
Procedure when investigation cannotbe completed in twenty four hours
Section 468
Section 468Bar to taking cognizance
after lapse of the period of limitation
CRIMINAL PROCEDURE CODE, 1973 AND SPEEDY TRIAL
CODE OF CIVIL PROCEUDRE, 1908 AND SPEEDY TRIAL
SECTION 89 AMENDMENTS BROUGHT BY
1976 AMENDMENT ACT
-
8/12/2019 Timely Justic
9/12
Recommendation of 13thFinance
Commission, Grant Guidelines,
2011I. Establishing ADR centers training of
mediators/conciliators
II. Establishment of Lok AdalatsIII. Training of Judicial Officers
IV. Training of Public Prosecutors
V. Legal Aid
VI. Creation of post of Court Managers
VII. Enactment of National Litigation Policy bythe Central Government
-
8/12/2019 Timely Justic
10/12
RecommendationsLegislative amendments suggested:
India, there must be a The Speedy Trial Act like in United States OfAmerica
Incorporating the concept of Plea Bargainingin Criminal Procedure
Code, 1973
Amendment of Section 80 and Order V of CPC
To follow the guideline regardign the time in delivery of judgment providedby Supreme Court in the case of Anil Rai vs. State of Bihar, (2001) 7 SCC
318
The number of adjournments that is to be allowed should be fixed by law
for all kinds of cases.
Infrastructural Recommendations: Introduction of the Information Technology in the Judicial Proceedings
Audio recording of the Judicial Proceedings should be allowed instead of
court reporters/stenos.
Video conferencing should be allowed in the judicial proceedings in the
matter of the production of the under trials. Com uterization of the documents.
-
8/12/2019 Timely Justic
11/12
Recommendation for Present Judicial System Appointment of adequate number of judges or increase in
the number of judges in lower and higher judiciary
Establishment of Fast Track Courts at the Magisterial Level
Establishment of the Evening Courts and Mobile Courts
Mechanism for enforcement of any Time Limit for theDelivery of Judgment
Establishment of Specialized Benches
Strengthening the Alternate Dispute Resolution Mechanismby increasing awareness about it
The number of Public Prosecutors should be adequate andonly competent and qualified persons should be appointed asthe PPs.
-
8/12/2019 Timely Justic
12/12
References
Policy and action plan released by National Court Management System, 2012
Colin Gonsalves, When India had 1,500 Fast Track Courts, the Hindu, 11 January
2013
Minsitry of Justice, Department of Justice (website: http://doj.gov.in)
Blue Print for Reducing the Backlog of Cases in the Subordinate Courts of theState of Gujarat, Research Report, Gujarat National Law University, March 2010.
Reports of the Law Commission of India
Improving Justice Delivery, Ready Reckoner on Thirteenth Finance Commission
Grant, Government Orders and Guidelines Issued by the Government of India,
Government of India, May 2011
Ahmad Siddique, Criminology, Problems and Perspective, 4thEdn., 1997
D.P Sharma, Speedy Justice & Indian Criminal Justice System, XLV(1999) IJPA 365.
http://doj.gov.in/http://doj.gov.in/