JusticeLeague-5

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JusticeLeague-5

  1. 1. Citizens’ appeal: Ensuring expeditious and timely justice to all Lack of Management of cases Case Flow Management Model & Privatization “Justice Delayed is Justice Denied ” - Yaswanth T T M V S P - Varun Teja S - Raghavi Kodati - Rajath Nandan K - Naveen Raaj KP Justice League-5,IIT Madras
  2. 2. India has more than 30 million pending cases and increasing at an alarming rate Disconcerting facts of Indian Judicial system 0 50 100 150 Judges per Million Judges per Million Human Resources • India has only 11 judges per million.275 out of 906 High Court Judge positions are vacant. • Only 10-12% of graduates take Law as career. • Rate of increase in cases is 12 fold compared to that of Judges Cases Pending • More than 50000 cases are pending in Supreme Court. • About 4.5 million cases are pending in High Courts. Rate of Increase in Cases • More than 20 million cases filed in last two years. • 74% cases that are pending are less than 5 years old • It is expected that the pending cases will increase to 15crores by 2040Budget Allotted • Judicial System is allotted only in the range of 0.071-0.078% of total budget from last two decades 2Indian Institute of Technology Madras
  3. 3. Reasons for Delay Adjournments Apathy and inaction on the part of the police Corruption among police Police fail to ensure turn up of witnesses Intentional delay by advocates and Petitioners Low court charges and Lack of Accountability Quality of Investigation and Documentation Lack of Modern Equipment Heavy burden of cases on Judges No effective case management Lack of Judges & Public Prosecutors Reasons for Delay 3 Average case disposal time: 15 years Cases increasing at 12 Fold Only 11 Judges per million Indian Institute of Technology Madras
  4. 4. Reasons for Delay Lack of Judges and Public Prosecutors Poor Budget Allocation Lack of Importance to Judiciary Early retirement age of Judges Retirement age of 65 and 62, despite life expectancy being highrt Lack of skills and motivation for law graduates to pursue this field Higher income in private practice or in other fields. 4 0 1 2 3 1999 2001 2003 2005 2009 2013 Lower Courts Lower Courts 0 2 4 6 High Courts High Courts (millions) (Crores) PENDING CASES Indian Institute of Technology Madras
  5. 5. Courts, not the case participants, would bear the responsibility for the management of cases from the time that they are filed, until completion of all court work. Case recording involves the collection of case information at case initiation, the scheduling of hearing dates, and the issuing of case management orders that govern case progress to trial or disposition by non-trial means. The aim is to resolve cases as early as is reasonable and to reduce the costs for the parties and the court of doing so. Court’s Control on Case Progress The allocation of judicial system resources according to the demands of individual cases To distinguish among individual cases in terms of the amount of attention they need from judges and lawyers and the pace at which they can reasonably proceed to conclusion. Through an early screening process involving courts soon after filing, cases would be divided into different “tracks” reflecting their respective management requirements. For example, an expedited track for cases with little or no involvement of judges. Preparation for court events by parties and lawyers The scheduling of future events should balance the need for reasonable completion of necessary case-related preparation. Forthcoming events should be scheduled sufficiently far in the future to allow accomplishment of necessary tasks, to maintain awareness that the court wants reasonable case progress and does not want continuances because participants have not completed necessary preparation. A portray of solution proposed MANAGEMENT OF CASES AND DELAY REDUCTION IN COURTS Monitoring and controlling the process of cases from initiation through trial or other initial disposition to the completion of court work to make sure that justice is done promptly 5
  6. 6. Because most cases are disposed by plea or settlement, reasonably firm trial dates will produce earlier pleas and settlements and encourage actual trial preparation in cases that cannot be resolved by other means. Sometimes, courts may anticipate that some cases scheduled for trial may settle or have to be continued. So, it must set its trial calendars realistically, like airlines that “overbook” flights in recognition of the prospect that some passengers may not appear for flights. Commencement of events as per schedule Scheduling to start trials on time and to provide adequate time for them Judges should try to track the amount of time that they actually spend in trial each day, and they should seek to make each trial day as long as is reasonable for trial participants and court staff in order to make optimal use of trial time. They should communicate their expectations about the length of the trial day to counsel and court staff and seek their aid in keeping to the trial schedule which include sound estimates of likely trial duration, provision of time in the calendar between trial starts, etc. (In continuation…..) EXPECTATIONS FROM CASEFLOW MANAGEMENT • Time Standards • Backlog reduction & size of pending inventory • Controlling costs of justice • Maintaining equality, fairness & integrity 6 Indian Institute of Technology Madras
  7. 7. Privatization of Courts Addressing lack of resources and reach of the Judiciary • Courts setup, staffed and run by private firms at a cluster level • Support to the private firms provided by government during the set-up. • It will serve as a civil court, dealing with cases worth less than 5 lacs. Depending on their performance the slab will be raised. • Companies recruit LL.B graduates and train them to qualify for a Judge position. After the training period, these graduates return to work with the firm on terms of contract. • Litigants can recruit external attorney to represent their cases. • Private court charges are levied depending upon the case value, litigants income, no. of court session. • Decentralized system ensures speedy justice for litigants and lessens the burden on higher courts • Litigants can challenge the private court’s decision at a higher public court. If proved wrong, the private firm has to pay a penalty ( depending on the case value) to the Govt. • Private courts have authority on Police like any other courts Plan of Action 7Indian Institute of Technology Madras
  8. 8. Technologyadoptionfor ExpeditiousdispensationofJustice DOCUMENT AND PROCESS SERVING MANAGEMENT SYSTEM : All cases pending at the time of start-up should be updated on a daily basis in the system in accordance with defined guidelines. Every day the court is automatically fed by the system so that the proceedings are entered on the day’s cause list. It tracks the time spent by the court on the case, the concerned parties present in the court, and recording of witnesses, judges, orders and judgments etc. Preparing final cause list will be made easy and it would be made accessible to all the counsels. Suitable facilities for AUDIO-VIDEO DEPOSITION OF EVIDENCE should be made available to allow witnesses (especially high‐risk witnesses, child witnesses, old and infirm witnesses) to be present via video conference in the court. These audio- video depositions of evidence, authenticated by the witness and the judge using digital signatures and fingerprint readers. The e‐meetings could be fully archived in an indexed database for easy search and retrieval. E-FILING: Proposition for the complaint, petition, appeal, application etc., to be filed in electronic form (or) on‐line via internet or in the court premises, so that the process of filing is simplified for the litigant and the lawyers. The provision for on‐line payment of court fees, process fees etc. can be enabled. After this, on‐line scrutiny and verification of the e‐filed documents by the court registry. E-ADMINISTRATION: All the courts in the district, the IT training centre, and the library are connected by a local area network, so that information at all levels about bar and court management can later be made available to court users, litigants, members of the bar, and judicial officers and staff. An Intranet portal can be set-up where the agenda, relevant documents and minutes of the meeting are uploaded and archived. Such e-meetings could eventually save a lot of time and paper. 8Indian Institute of Technology Madras
  9. 9. • Additional financial and human resources in the judiciary system • Efficiency of the courts increase due to competition • Expeditious Justice • Reducing work load on the Higher Judiciary • Profits. Higher court charges depending on performance Advantages • The judgements are monitored and approved by a Government appointed senior/retired judges/district collector. • Penalty of more than 50% of case worth to private courts if challenged and proved wrong in higher courts • Including multiple private firms in a single court to avoid undue influence on judgments. Regulation 9Indian Institute of Technology Madras
  10. 10. Modernizing infrastructure and gadgets used by Court staff and Police Separate courts for cases against the Government, as they comprise more than 50% of the existing arrears. The court will exercise greater authority on police and investigation agencies Scholarships, internship programs for law school students to inspire them to take up the profession, Create Indian Judiciary Services for direct entry to Higher Judiciary Creation of police posts to exclusively carry out court orders and thus are directly addressable to the court. Responsible for execution of warrants, summons Courts on Weekends and Holidays- If judges and staff volunteer to work on these days for extra pay Court charges should be levied per session. All parties will pay the court charges. This can be mainly for maintenance and to prevent trial of petty cases Mandatory public prosecution for private attorneys, for a fixed number of hours or cases. 10Indian Institute of Technology Madras
  11. 11. 11 Expeditious and timely justice for all Increase in Human Resources Effective case management Private Courts Computerisation Decrease in Pending cases Ability to meet the demand increase in cases IMPACT OF IDEAS Possible problems in Implementation Lack of trust and doubt in credibility of judgment of private courts among public Increasing court charges is a deterrent to disposing justice to a section of society. Lack of financial resources to implement many of the proposals Stringent regulation may disinterest private players. Indian Institute of Technology Madras
  12. 12. References: • Dispensing Administrative Justice More Efficiently, Judge Brian O’Ferall, Provincial Court of Alberta-Civil Division, Council of Canadian Administrative Tribunals. • Reforms in the Judiciary-Some Suggestions, Report no.230 Law Commission of India, GOI, Aug 2009. • Case Flow Management System and Court Automation, Zafar Ahmed Khan, District and Sessions Judge, Karachi-East. • Case Flow Management: The Heart of Management in the New Millenium, David C.Steelman,John A.Goerdt, James E Mcmillan • Differentiated Case Management ,National Criminal Justice • Expeditious Investigation and Trial of Criminal Cases Against Influential Public Personalities, Report no.239, Law Commission of India, GOI. • Case Management and its advantages, Justice M.Jagannadha Rao. • Court Organization and Effective Case Flow Management-Time to Redefine, Hon.William.F.Dressel(Retd.),President, National Judicial College, USA. • Police Organization in India, Commonwealth Human Rights Initiative. • Law and Justice-A look at the role and performance of Indian Judiciary, NR Madhava Menon • Lecture on Delayed Justice, by Hon’ble Shri Y.K. Sabharwal, Chief Justice of India,July 2006 12 Justice League, Indian Institute of Technology Madras

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