Author: Esha Yadav
Justice delayed is justice denied it is a legal maxim which means that if justice is not carried out right away timely ,then even if it is carried out afterwards then also it would not consider to be a fair justice.
When a common man goes to court in order to seek justice he believes that he would get justice as soon as possible but in our country ‘s judiciary system it is quite difficult because only it believes on evidences and Facts not on morals and conscience . Our judiciary system do not care about the feelings and soul wishes of the people who came to seek justice.
According to the survey
- There are about 3.5 crore cases pending in the judicial system, especially in district and subordinate courts.
- About 87.54 per cent of the total pendency of cases is in the district and subordinate courts.
- More than 64% of all cases are pending for more than 1 year.
There are some main reasons of delayed justice
- Less no of judges – in all courts of india there are very less no of judges and because of this cases remains pending in the courts . And because absence of judges all the subordinate courts remain dependent on the higher courts .
- Filling of false cases- apart from blaming judicial system , the people of this country are also responsible hand in hand . They file false cases and so it takes more time for judiciary to find out evidences and facts . Because it the aim of our judiciary system that ten people who had done wrong can be left free but not a single person who is innocent can be punished. According to Delhi Commission of Women (DCW) uncovered stunning measurements that 53.2 for each penny assault cases documented between April 2013-July 2014 in Delhi were discovered ‘false’. The report says that between aforementioned dates the quantity of assault cases recorded in Delhi were 2,753 out of which, just 1,287 cases were observed to be valid, and staying 1,464 cases were observed to be false
- Non compliance of provisions under criminal procedure Code,1973-:
The Code provides certain provisions for settlement of disputes and for speedy trial for instance, compounding of offences, plea bargaining, summary trial etc. But the problem is that this provision is not implemented properly.
There are large no of cases which are filed in all the courts of India and judiciary is not able to manage these cases because of improper management system and this leads to delay of handling cases.
- Poor infrastructure of subordinate courts
We can see that in small private offices there are well equipped computers and required facilities but if we visit any district court we can see that even the condition of furniture is not good then how can we expect that in giving justice it will be perfect. Corrupt advocates and judges dont give a hay to important cases because there is no one to check them .
- Excessive cross-examination- In india judiciary system takes much time in asking pointless , offensive and hassling questions . even Indian Evidence Act additionally restricts asking disgusting and shameful questions. The court ought to likewise preclude question which means to irritate or insult. Further, the Code gives that inquiry ought not to be asked without sensible grounds. And inspite of these rules even most of the time of the judiciary is wasted
- Appointment of suitable judges having appropriate knowledge of judicial system and have ability to deal with cases with time management . They should know every prescribed norms present in judiciary and should be free from corruptness .
- Practising alternative dispute resolution system– there must be alternative dispute resolution system in this both the parties comes in fron6of each other slove their problems without approaching the court .This one is also a better option for a person for getting justice. As a result of it no of pending cases will also decrease
- Foundation of fast track courts
On the proposal of the eleventh Finance Commission, 1734 Fast Track Courts of Sessions Judges were authorized for transfer of old pending cases and the said conspire was to end on 31-3-2005. Out of 18,92,583 cases, 10,99,828 have been discarded by these courts. Keeping in see the execution of Fast Track Courts and commitment made by them towards clearing the excess, the plan has been stretched out till 31-3-2010.
- Proper maintenance of subordinate courts – there should be a proper maintenance of subordinate courts and higher authorities must keep a check on the district courts as whether they are not doing corrupt practices or handling a case with proper rules and regulations authorised by judiciary.
In the case of Ranjan Dwivedi vs CBI the court viewed that privilege to fast trial is a crucial right. Court held that “A reasonably speedy trial is a vital and basic piece of the basic appropriate to life and freedom revered in Article 21 of the Constitution of India.”
In my opinion the justice delayed is just denied completely because in nirbhaya case which is a case of 2012 and even at that time those culprits accepted that they had done the rape but because of the slow management system they got hanged in 2019 . Victim’s mother and family faced lot of problems while these years . Everyone knows that they done wrong but then also she got justice but very late
This can be concluded that there is urgent need of implementation of some important norms so that pending cases can be finished and people can get justice timely and fairly .