1. “If justice is delayed, justice is denied”
Faculty of Law , University of Lucknow
Team details
Amitabh Srivastava (Team Co-ordinator) ( ashuamitabh@gmail.com)
Abhinav Dwivedi
Tarun Agarwal
Adarsh Kumar
Rajat Shukla

2. Need for Expeditious Justice
Public interest demands, criminal case specially those related
with the serious crime should be disposed expeditiously and
guilty should be punished.
Speedy justice is fundamental right of the accused so that he
should be released expeditiously from the mental trauma.
For the creation of fear of law in the society.

3. Causes for Delay in Justice
• At every stage, attempt to delay and subvert the process are made.
• Hostile witness and witness with faded memory
• Heavy reliance on oral evidences because of-
(a)Lack of expertise and sustained efforts in investigation
(b)Non utilization of scientific methods of investigation
• Heavy workload on courts
• Lack of proper witness protection measures
• Inadequate number of courts
• Inadequate staff strengths
• Expensive court procedure

4. Reason for selecting “Ensuring Expeditious
and Timely Justice to All” as the subject of
presentation:
Providing justice and maintaining law and order in the primary function of
state.
Now a days delay in justice is one of the biggest problem faced by the Indian
citizen.
3.5 crore cases are pending in the courts across the India and the average
disposition time of a case is 15 years which shows justice is delayed to the
citizens.
Delay in justice is the biggest loop in the functioning of judiciary. Apart from this,
this topic is the most burning problem prevailing in the country. And as the basic
function of state is to provide justice and if it fails in doing this, that state cannot
be a welfare state. Further as has been said “ if justice is delayed, justice is
denied. So this is very serious threat to nation. That’s why we have chosen this
topic.

5. Proposed Solution
Special courts.
Fast track courts.
Resolving the dispute by mediation or other methods.
Recruitments of the judges.
Increase in the number of courts.
Strengthening criminal courts infrastructure.
Development of technology at police station.
To make the judicial process easier and cheaper, so that every citizen can
approach to the court for the protection of their interest.
Quantum of work of judges should be increased.
For the effective implementation of all the suggested
solutions, the thing required is allotment of budget for the
judiciary by the central govt and state govt as an effective
judiciary is the back bone of a modern and progressive
society.
Implementation
of solution:

6. Special Courts:
Special cause courts like family court etc should
be established.
Allotment of budget for the establishment of
special courts and for the recruitment of the
judges in the courts
3.5 crore cases are pending before the courts in
India and the average disposition time of case is
15 years
0
10
20
30
40
50
60
70
80
India Canada UK
f(y)= No. of Judges
f(x) = countries
f(y)= No. of Judges
per 10 lac people

7. Alternate Dispute
Deciding System:
Public awareness: schemes for making the public
citizen aware about the alternate dispute resolving
system should be run by the government
Crpc should be amended and the provision for deciding
petty crimes by other means should be made
Recruitment of
judges:
Vacancies should be created by establishing the courts.
Vacancies in the office should be filed by recruiting the judges.

8. Easy and cheap
judicial process
Strengthening
criminal courts
infrastructure:
Fast track .
courts:
Fact track court should be established to deal
with the serious crime like rape, terrorism etc.
The time period to dispose of the case should
be prescribed.
3.5 crore cases are pending before the courts
of India and the average disposition time of a
case is 15 years.
The courts should be digitalised.
Expert staff should be recruited.
The judges must be given training.
Step should be taken by the govt to make the judicial
process easier.
To make the judicial process cheaper, the central and state
government should allot increased budget to the judiciary.
To provide free legal aid to those who are unable to afford
the expenses incurred in the judicial process.

9. Impact
of
solution
Victim will receive speedy justice.
It enable economic and entrepreneurial activity.
Court procedure would become easy and cheap so that no
person will be denied to justice and all victims will
be enabled to approach to the court for the protection of
their rights and interests.
The rights of both accused and victim would be protected.
By adopting the alternate dispute resolving system, the
precious time of the court is saved.
By establishing special cause courts, fast track courts, other
courts by making recruitments of judges, the burden of courts
would be reduced and the cases should be expeditiously
disposed.

10. Challenges on Mitigation Factors
Challenge- the parties would not ready to submit
their cases to the alternate dispute resolving
system.
Public awareness: the govt should run such
policies which spread awareness among the
people.
Compulsory provisions to resolve petty crimes
by alternate method should be made:
Challenge: Economic challenge- india is a
developing country and is a welfare state. Thus it
has to spend large amount of GDP on the welfare
purposes and the budget is also insufficient
Political challenge
Alternate dispute resolving system Establishment of fast track
courts, special courts, other courts

11. Report no 239- expeditious investigation and trial of criminal cases against
influential public personalities .
National mission for delivery of justice and legal reform.
Hussainara Khatun Vs Home secretary Bihar AIR 1979 SC 1360.
M H Hoscot Vs state of Maharashtra AIR 1978 SC 1548.
Raghuvir Singh Vs State of Bihar (1986) 4 SCC 481.
www.scconline.com.
Indain Budget 2013-2014
Appendix-