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Timely Justic

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    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

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    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

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    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

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    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

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    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.

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    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.

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    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.

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    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

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    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

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    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.

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    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.

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    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/

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