1Prayas

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1Prayas

  1. 1. CITIZENS APPEAL: EXPEDITIOUS AND TIMELY JUSTICE TO ALL ‘Deborah James’ ‘Deeksha Singh’ ‘Harsh Chauhan’ ‘Justin James ’ ‘Manpreet Pabla’ Presented By:
  2. 2. OVERVIEW OF THE PROBLEM Justice delayed is justice denied
  3. 3. Reason for selecting a cause  Influence of powerful people over judgment (Jessica Lal case)  Suited laws in all cases (juvenile cases are not given justified sentence )  Denial in justice in cases of prime concern (coalgate and telecom scams )  By the time decision are given they become insignificant Problems incurred while imparting justice 27.70% 27.80% 40.70% Conviction Rate in 2010 Violent crimes Crimes against women Cognizable Cases • Lack of proofs • Request or deliberate attempt of delay by either party Repeated adjournment of court • Judge- people ratio of 14:1000000 • Lack of infrastructure & use of technology • Criteria for selection is not apt Lack of judges and courts • Influence or involvement of politicians • Cases/Judges/Courts keep changing during the course of judgment • Inefficient & untrained officials Delay in investigation & prosecution • Heavy reliance on oral evidence which alter with time • Low rate of conviction has encouraged crime Time Factor • Acquittal of high profile criminals • Inefficient and corrupt operators of law • Secrecy and plagiarism Corruption
  4. 4. SUGGESTED SOLUTIONS
  5. 5. Alternative Dispute Resolution Categorizing the cases according to priority Transparency in system of judicial panel selection Reviewing the law Appointing a body of special police force Increase in working hours of court Counseling of applicants, before and during cases to reduce pressure on courts Scheduling of cases on their level of significance & immediate redressal needs Appointment of judges in both supreme court and high court must be transparent Clear and coherent policy statement on all major issues of criminal justice Certain police staff assigned for performing court duties only, for vigilance inside the system The vast number of pending cases summons the need of holiday courts Solutions on a broader prospective Reduce number of cases being trialed in court Exercise control over powers of judiciary Settlement of cases in time bound manner Proposed ideas for improvement
  6. 6. IMPLEMENTATION OF SOLUTION
  7. 7. FILING CASE ADR COUNSELLING EDUCATING ABOUT COURTS PROCEDURES ADMISSION PRE - ADMISSION SUMMONS DIGITIZING INTER- COURT INTERACTION SCRUTINIZING OF CASES EXAMININATION OF ALL WITNESS WITHOUT DELAY ENCOURAGING PRECISE ARGUEMENTS JUDGEMENT PRE - HEARING HEARING Proposed model for execution
  8. 8. STAGE 1: Alternate Dispute Resolution
  9. 9. E ADR will act as an intermediate dispute resolution body that departs from the traditional litigation forum and norm to be in easy reach of a commoner and guarantees to give right guidance on way to justice GOALS TO LOOK FORWARD : 1.Settlement of disputes outside court through mediation , conciliation , arbitration and lok adalats 2. Provide Guidance to appealing parties about their case and its pre-requisites 3. Dependence of appellant solely on the lawyer’s knowledge and abilities 4.Capability of handling emotional aspects of a dispute e.g. ensuring neutrality of choice of law in the process Certainty of process/procedure Provisions for legal aid Overcoming inequality of bargaining power of parties
  10. 10. Scheduling of cases STAGE 2:
  11. 11. Categorize cases on basis of urgency , national interest , mass involvement, immediate effects Bid police and dept. of forensics to generate reports at the earliest(if applicable estimate deadlines & accused be detained) Ready cases be presented for trial without delay(promote priority) Pending cases be granted priority when ready Time limit be given to complete the case , say three months, grant extension to either party only if it seems just All summons & legal documentary be administered to concerned party properly(checked by SPC) & proceedings be held on schedule No party shall seek adjournment of court more than three times Cases involving religious matters be handled with assistance of theologians Similar cases can be scheduled for trial together in district courts & holiday courts Merits Priority 1. Matters of significance will be given prime consideration 2. Time bounded provision of justice 3. Monetary benefits Aiming at faster disposal of cases through scheduling:
  12. 12. Improving the current working methodology Stage 3:
  13. 13. SPECIAL POLICE FORCE • To carry out timely proceeding of the court by producing relevant proofs and witnesses • Recording evidence only before the judicial magistrate is needed to save the time lost in recording evidence at different stages • Protecting the analysis and reports susceptible to tampering (the reports of the forensics often get tampered) • Keeping track of dispatched & expected summons & other legal documents • Ensuring witness protection REVIEWING COMMISSION • An annual national meeting of judges and lawyers to discuss the judiciary • Revive govt. bodies like Committee on ‘Reforms of the Criminal Justice System’ introduced on 24 November 2000 to re- write the Code of Criminal Procedure, IPC & IEA, & update them with the need of the hour • Clear and coherent policy statement on all major issues of criminal justice [Ill verdict in the Nirbhaya case,2013] Ensure orderly working of system by creating several committees , -To act as an aid to working judiciary -Impose check on it.
  14. 14. There exists a need to ensure fast track procedures in fast track courts… • Encouraging ‘to the point’ arguments during trials • Issue ‘warnings’ to lawyers for breach of protocol or wasting court time • Impose strict rules for conduct inside courtroom violating which may impose penalties to the offender Conduct of lawyers • Fixing up proper time-schedules and ensuring continuity in trial if case is ‘ready’ • Dealing with the advocates with firmness and tact Conduct of Judges Ensure timely & quality judgment 6 Fast Track Courts established Probing Further . . . 1. Communication & resource sharing among courts through digital networks must be made legal 2. Educating citizens about undertakings of judicial system through media and mass communication Quick and economical disposal of cases Women and juvenile cases be disposed swiftly More than 70% cases solved in 5 years Present system: Fast track courts for grave offences to be disposed expeditiously
  15. 15. Funds by government (in Crores) Expenditure on Man power (in Crores) Expenditure on Infrastructure (in Crores) Expenditure on training (in Crores) Expenditure On court management (in Crores) ADR 700 150 200 150 200 Prioritizing of cases 500 250 150 70 30 Transparency 370 120 70 150 30 Vigilant body 1500 450 500 250 150 Digitizing judiciary 1750 500 800 250 50 Price for Revolution Financial and human resources required at each step If our solutions be implemented it will result in increased employability & increased rate of case disposal.
  16. 16. IMPACT
  17. 17. Impact of the proposed solution 1. To bring back faith in the Indian judiciary & ensuring its motto “Satya Meva Jayate” 2. Proper guidance will reduce probability of fraud and injustice in the system 3. The success of the proposed plan after implementation shall be measured by the improvement in speed and efficiency of the system, depending on the pace of proceedings and quality of justice as well as that of the judiciary 4. Widened infrastructure will not only ensure timely justice but also decrease the financial burden from the common man’s shoulder 5. Applicable at all levels of the judiciary, lower courts to supreme court – Scalable 6. Impartial proceedings of the court by the external vigilante body set up, and shall cleanse the malicious activities in the system - a clear judiciary 7. Supremacy of the Judiciary will be under vigilance, restricting its practice of unauthorized powers Per district involvement Students as interns Retired & unemployed lawyers/judges Working advocates & judges Police force ADR 20 25 15 - Scrutinizing Panel - - 40 - Vigilance Commission - - - 35 Reviewers - 5 10 -
  18. 18. Challenge and Mitigation POLITICAL SUPPORT The political parties have to support the reforms so as to bring fluidity in the system. The corruption spread in the political parties together with their own cases in courts prove to be a hurdle as far as their support and help is concerned. Impartial elections and good governance is the only means to solve this problem where government has to be more concerned for people . SPREADING AWARENESS The socio-theological beliefs and view points of society and prevalent illiteracy will refrain reforms and equality amongst all citizens. On the other hand financial influence of rich people may also come into play as far as transparency is concerned. Education and proper knowledge about fundamental rights is essential. SAVING THE DIME Economically, the major issue of concern is the availability of resources ,financial as well as human, at all levels of judicial system whether infrastructural commodity management or employment salary system for judges , lawyers and other officials are crucial deciding factors.
  19. 19. Thank You Between stimulus & response there is a space, In that space is our power to choose our response In our response lies our growth & our freedom.
  20. 20. APPENDIX Alternate Dispute Resolution ADR includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. ADR methods, namely, negotiation, mediation, conciliation, expert determination and arbitration, their relative efficacy differs in various situations and scenarios. Hence it is advisable to examine when a particular method is best utilized. Scheduling of Cases Scheduling is a computing term which may be applied to our judicial system. Categorizing cases according to its priority to balance the load in the system effectively or to achieve a target quality of service. The need for a scheduling algorithm arises from the requirement for most modern systems to enhance the efficiency . It is expected to reduce the time delay as deadlines of a case must be met. Otherwise penalties be charged. Indian Penal Code Indian Penal Code (IPC) is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in British India during the early British Raj period in 1862.
  21. 21. APPENDIX Jessica Lal Case Jessica Lal was a model who worked as celebrity barmaid at a crowded socialite party. She was shot dead on 30 April 1999,which was witnessed by dozens of people pointing to Manu Sharma, the son of Venod Sharma, a wealthy and influential Congress-nominated Member of Parliament from Haryana, as the murderer. Only after the case gained intense media and public pressure , the Delhi High Court conducted proceedings on a fast track with daily hearings conducted over 25 days and found Manu Sharma guilty of having murdered Lal. Even during his term he enjoyed privileges because of his family background. Nirbhaya Case The judge in the trial of four men accused of the fatal gang rape of a student on a New Delhi bus on 16 December 2012 announced his verdict on September 10. The first verdict came on 31 august 2013 in a juvenile court where a teenager, aged 17 at the time of the assault, was found guilty and sentenced to only three years in a detention centre. Consequently there has been constant appeal to bring reforms in juvenile law . Indian Evidence Act(IEC) Until the introduction of the Indian Evidence Act, rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different people depending on caste, religious faith and social position. The Indian Evidence Act introduced a standard set of law applicable to all Indians
  22. 22. References • Ehow http://www.ehow.com/list_6593960_disadvantages-indian-judicial- system.html • International Journal of Internet Computing (IJIC), ISSN No: 2231 – 6965, Volume-1, Issue-2, 2011 • Investigation and Trial of Criminal Cases Against Influential Public Personalities Report No.239 • ReportPMO_English.pdf -http://pmindia.gov.in/report_to_people/2012- 2013/report_PMO_English.pdf • India Today http://indiatoday.intoday.in/story/judiciary-must-chew-on-its- ills-this-recess/1/137526.html • Criminal Justice System, Government of India, Ministry of Home Affairs, Report VOLUME I • ICT in Indian Court Challenges & Solution- paper4.pdf • en.wikipedia.org/wiki/Judiciary of India • indiancourts.nic.in • Department of Justice : doj.gov.in • Guidance from advocate Mr. N.L.Joshi, Indore • www.dnaindia.com • www.thehindu.com

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