22
HOW can the Justice System work faster? The Analysis
| Date post: | 23-Aug-2014 |
| Category: |
News & Politics |
| Upload: | askhowindia |
| View: | 2,614 times |
| Download: | 0 times |
HOW can the Justice System
work faster? !
!
The Analysis
The Analysis
Faster Justice SystemWhere we are
A Sample Study!• In one Anti Corruption branch of the CBI!• Cases for the 5 year period from 1980 to 1984 were tracked!• Registration, investigation, prosecution and outcome of
trials, appeals and revisions were recorded over time!
Source: Indian Police Journal, Conviction Rate: A reality check.
The Analysis
Faster Justice SystemThe CBI - Anti Corruption Branch, Sample Study Where we arePeople Charge-sheeted: 275
Source: Indian Police Journal, Conviction Rate: A reality check.
The Analysis
Faster Justice SystemWhere we are
Number Convicted: 144
Number of Accused: 275
Source: Indian Police Journal, Conviction Rate: A reality check.
The CBI - Anti Corruption Branch, Sample Study
The Analysis
Faster Justice SystemWhere we are
Underwent Imprisonment after conviction: 8 (As on date of study in 2008)
Number Convicted: 144 Number of Accused: 275Others? Appealed 111 | Released on probation, Convicted till rising of court, Appeal pending: 66
Source: Indian Police Journal, Conviction Rate: A reality check.
The CBI - Anti Corruption Branch, Sample Study
The Analysis
Faster Justice SystemWhere we are
Average Investigation Time: 13.4 months
Source: Indian Police Journal, Conviction Rate: A reality check.
The CBI - Anti Corruption Branch, Sample Study
Yr 1
The Analysis
Faster Justice SystemWhere we are
Average Time taken for Trial: 7 years, 4 months
Source: Indian Police Journal, Conviction Rate: A reality check.
The CBI - Anti Corruption Branch, Sample Study
Yr 1 Yr 8
The Analysis
Faster Justice SystemWhere we are
Average Time taken for Appeal: 9 years, 11 months
Appeals still pending: !66 (out of 111 appeals filed)!
!
If accused was 35 years at the time of the case, he is already retired from service now!
Source: Indian Police Journal, Conviction Rate: A reality check.
The CBI - Anti Corruption Branch, Sample Study
Yr 1 Yr 8 Yr 20
The Analysis
Faster Justice SystemWhere can we be?
Hence the Question:!!
How can the time taken in court cases be reduced from 15 years to 3 years?
Source: Vision Statement, October 24, 2009. Page 2
The Analysis
Faster Justice SystemBut why faster?
Source: Prison Statistics in India 2012 – National Crime Record Bureau, Ministry of Home Affairs.
Life destroyed if spent in prison!
!
!
!
!
2 out of 3 incarcerated people in Indian jails are under trials. Even if truth prevails, a life is destroyed if months and years are spent in jail.
Quality of Life depends on Faster Justice system
Extra judicial agencies sprout!
!
!
!
!
When justice is not done in time, citizens take recourse to means like local dons and vigilante-ism.
The Analysis
Faster Justice SystemBut why faster?
Laws rendered ineffectual!as deterrents, when convicted people are not seen to face consequences in time Business impeded!
because contracts are not enforced and lot of resources spent in solving disputes
Swift Judiciary important because …
The Analysis
Faster Justice SystemThe Challenges1) Impact of Adjournments!
Traditional role was for judge to respond to processes initiated by lawyers.!!
!
!
!
!
!
!
!
!
!
But over time this has meant that delays by using adjournments have become an oft, if not the most, used weapon of some lawyers.
Source: Vision Statement, October 24, 2009. Page 15
The Analysis
Faster Justice SystemSolution SuggestionsHOW to limit Adjournments
Setting time table for pre-determined events and making sure that case follows time table.
A commitment from judiciary on case end dates, and of disposing cases on first in, first out basis.
3
1
2
The Analysis
Faster Justice System
Penal interest and punitive damages for frivolous delays.
Solution SuggestionsHOW to limit Adjournments
Source: Vision Statement, October 24, 2009. Page 19
Identifying judges that give regular adjournments and counseling them.
Limiting the number of adjournments per party.
Automation of standard processes.
The Analysis
Faster Justice SystemThe Challenges2) Free-ing up the Judicial mind !
from routine and mundane tasks!!
!
!
!
!
!
!
!
!
!
Apart from applying their mind on judicial matters, Judges carry out many mundane tasks like deciding hearing dates, checking serving of notices, affidavit filing, validity of adjournment requests, etc.
The Analysis
Faster Justice System
Technology use to process and automate court processes
Solution SuggestionsHOW to best utilise Judges’ time
Identifying and disposing fruitless cases.
Procedures such as notice serving / affidavit verification, etc. done by Court Managers
The Analysis
Faster Justice SystemThe Challenges3) Identifying and Improving the !
process for Bottleneck Laws!!
!
!
!
!
!
!
!
!
!
The 80:20 rule applies in judiciary - Laws pertaining to murder, matrimony, dowry, cheque bouncing, prevention of corruption, traffic challans, motor accidents, quashing of criminal proceedings, etc. account for majority of backlog.
The Analysis
Faster Justice System
Setting up specific law courts!!
!
!
!
!
!
Judges and lawyers would be specially trained for relevant, specific Law for fast-track resolution of cases.
Solution SuggestionsHOW to speed Bottleneck Law trials?
System to share updates!!
!
!
!
!
!
Create a mechanism to identify changes in law and processes that would allow cases under these laws to be processed faster.
The Analysis
Faster Justice SystemThe Challenges4) How can the Government be made!
Reluctant, and not Compulsive Litigator?
Note: The National Litigation policy recommendation this effect, should be rigorously implemented.
Government and its agencies are pre-dominant litigants, but …!levying costs /fines /career penalties on officials and bureaucrats who initiate litigation - if government loses, could dramatically change this.
The Analysis
Faster Justice SystemThe Challenges5) How can appointment and training !
of Judges be streamlined?!
Source: Court News, Volume VII – Issues no. 4, October – December 2012, Supreme Court of India.
Court Sanctioned Actual Vacancy %
Supreme court 31 27 4 13%High courts 895 614 281 31%
District and subordinate courts 18,050 14,432 3,618 20%
Many judge posts are vacant and need to be filled. !!
!
!
!
!
!
Implement recommendation of Law Commission for creating All India Judicial Services
The Analysis
Faster Justice SystemIn ConclusionFinally, 1 more telling example!
The Karnataka Lok Ayukta Experience!
Lok Pal at center, Lok Ayukta in states are a step !to curb corruption but they lose their power if justice is not swift.
2973!cases filed between 1995 and 2011!
!
!
!
In 2012, 95% cases were under trial!!
!
!
And Convictions?!!
16!And even these 16 have option to appeal !
IN CONCLUSION!
Please Ask your Lok Sabha candidate
for m
ore A
skHow
Analy
sis pl
ease
sear
ch !
“Ask
HowIndia” on
Face
book
www.AskHow
India.
org
HOW can the time taken !for resolving court cases be reduced from 15 to 3 years?
HOW can Government become a less prolific
Litigator?
HOW can cases!pertaining to bottleneck!laws be resolved faster?
HOW can the time of judges be utilised in a
better manner?
