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1. WHY MORE TAREEKH PAR TAREEKH
Presentation by:
Mohammad Affan Zafar
Sonu Kumar Singh
Abhishek Kumar
Obaid Hasan Hashmi
Ghazi Sabeehuddin FROM IIT KHARAGPUR
2. Justice delayed is justice
denied
More than 30 Million cases pending in Indian courts for Justice.
Justice granted after a long delay is equivalence to justice denied as it causes
great trouble for victim .
Sometimes verdict are given after long time like “Bhopal gas case” (given after
25 years)when the victims are not alive , and the judgement is also not
satisfactory.
As a result of such delay, the possibility cannot be ruled out of loss of important
evidence, because of fading of memory or death of witnesses which affects even
a strong case.
3. Cause
of
Delay
Institution of cases is much more than
their disposal at all the levels of judicial
administration
The Union
government
spends less
than 1% of its
plan
expenditure on
the judiciary
India has only 14 judges per 10 lakh
people whereas the average data for
the developing world stands at roughly
40 judges per 10 lakh people.
Quite often,
frivolous,
vexatious and
luxurious
litigations also
come up
4. Cause of Delay: Loopholes in Law
The loopholes in law can be used by any clever lawyer to delay the case
as possible such that absence of the litigant on hearing of case , not
receival of summon, late issue of summon to a litigant etc.
The misuse of law by government in changing of evidences or officials in
charge of case during case.
The change of testimony by witness due to bribe or other reasons.
The behaviour of police to the case also affects.
The quality and quantity of judges and advocates also affects as the
number of vacancies in the judiciary as of January 2013 is at 3,000.
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The person summoned or his preceder should appear on the
respective dates.
The cases interrogating bodies should be checked so that
evidences should not been tormented.
The quality of judges should be enhanced by opening of
law schools and filling of vacancy in judiciary.
Frivolous, vexatious and luxurious litigations should be
interrogated by an officer before its proceedings
Suggestions
6. Innovative Model: Janta
Darbar
Night Courts on the model of Janta Darbar should be implemented in each
district everyday to solve cases preceded by retired judge or senior judge of
district court.
Fast track courts as in each state should be implemented at the magestrial
level to reduce the arrears which are delayed more than 2 years.
The cases at night courts first of should be interrogated by a body of officials
to remove false cases.
The interruption of government on such body of officials should not be there
as some special agency should be created for this purpose
7. Implementation of NIGHT COURTS
The Union government should provide more finance to the
judiciary for such an implementation.
Approximate 40 judges per 10 lac population should be there
according to population in each district.
The agency controlling interrogation should be accountable for
the cases which are dismissed.
The loopholes in law must be removed.
Night courts should be fast tracked .
The finance to the law shools should be provided for increasing
quality of judges.
8. Impact of NIGHT COURTS
Night courts will reduce the no. of frivolous and vexatious cases.
It has been established in GUJARAT . But it should be implemented with
more improvements to reduce arrears.
The scaling of such an implementation can be done by the no. of cases
disposed in an year with such a special court and without it in same place a
year before.
All the data regarding such cases be computerised to increase the process
during the cases.
9. CHALLENGES
FACED BY
IMPLEMENTATION
Allround financial
investment to be required
The judges
should be
allotted from
the same region
so that they can
judge properlyTo computerize the cases
will require lots of money
and human resource.
To make a
haste in case
should not
affect the
judgement of
the case.
10. Appendix
The data used within the presentation is extracted from leading
news daily HINDUSTAN TIMES, THE TIMES OF INDIA,etc.
The report which support the data used are
“ LAW AND JUSTICE : A LOOK AT THE ROLE AND PERFORMANCE
OF INDIAN JUDICIARY* PROF. N.R. MADHAVA MENON” ,
“LAW COMMISSION OF INDIA (REPORT NO. 221)” and SPEECH
DELIVERED IN CHINA ON “DELAY IN DISPOSAL OF
CASES”(6.11.2007 – 11.11.2007)”.