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  2. 2. This table clearly justifies that the current working strength at all the three levels is short by 15 to 30 percent that leaves only around 10 judges per million population which should be at least increased to figure of 40. Indian judiciary No of courts No of current judges(ap pro) Cases solved per year vacancies Pending cases supreme 1 26 50,000 7 PRESENT SCENARIO supreme 1 26 50,000 7 36 million high 21 725 1.5 million 233 local 14477 16225 13 million 2998 Some examples of delayed justice… • A case was pending in Kolkata court for over 178 years. • A divorce case in which justice was delivered when the wife was 85 years old and her husband was 87. • A case still pending in Agra civil court that was against Privy Council judgment delivered in 1923.
  3. 3. Enormous arrears of cases accumulates year after year Inadequate number of judges and courts Poor management of the proceedings showing very little concern for the consequences to the litigant public and to society at large. Absence of work culture in the courts due to large number of REASONS FOR DELAY, ARREARS OR PENDENCY AND ACCESS TO JUSTICE Absence of work culture in the courts due to large number of holidays. There are many occasions where the advocates resort to suspension of work without any logical reasons. Only 0.4% of GDP is allotted to judicial matters.
  4. 4. Delay in delivering justice wastes 2% of the GDP as it creates a hostile environment for investment and enhances corruption. A common man is being looted by the lawyers and the judicial official in the process of getting justice expeditiously or for delaying the proceedings. All such things have effected the image of the judiciary as a whole, even though majority of judges among them are persons of high integrity and full of wisdom. Now-a-days the High Courts and the Supreme CONSEQUENCES OF DELAY IN JUSTICE Now-a-days the High Courts and the Supreme Courts have extended its attention to virtually all kinds of matters relating to common people. May it be pollution in the metros, or application of CAS or fitness of transport vehicles for the children everywhere the intervention of court seems to have become necessary. Leading juristic have described the Supreme Court as an "All India Miscellaneous Court". In recent years cases of bribery, acceptance of facilities and perks at the cost of clients have besmirched the reputation of judges sitting in higher as well as in lower court
  5. 5. Identification of block-holes India has only 14 judges per 10 lakh people and studies have shown that cases under certain statutes and areas of law are choking the dockets of magisterial and specialized courts. Prioritization has to be worked out for an expeditious resolution of certain category of cases, such as those filed by senior citizens, terminally ill persons, cases pertaining to Pretrial and Juvenile prisoners, women who are victims of violence. These must SOME PROBABLE SOLUTIONS prisoners, women who are victims of violence. These must receive fast track and out of turn disposal but in a uniform, organized and systematic manner. Removal of these block-holes: Setting up of fast track courts, family courts, consumer courts, special courts for ST/ST cases will speed up the procedure of justice Fast Track procedures must be evolved to deal with the cases earmarked as causing bottlenecks. Special Courts to process cases on a non-stop day-to-day basis with no adjournments except in rare circumstances.
  6. 6. Clubbing of Cases Clubbing cases which raise same/similar issues is a healthy practice which helps in block disposal of such cases. Cases raising the same point, when initiated in any Court, must be first listed for early hearing and disposed off before the flood actually invades the Court. The tendency to allow such batch-cases to accumulate into hundreds should be deplored. Keeping courts away from political influence the judges and the lawyers should not get influenced from politics Allotting fixed amount of time for cases that do not involve witnesses For civil cases a fixed amount of time should be allotted so thatFor civil cases a fixed amount of time should be allotted so that cases can be solved expeditiously. Allotting specified time to a judge for a case after which the case goes to another judge This measure will ensure that timely justice is being provided to the citizens because if a particular judge cannot provide timely justice then we must change him/her. Laws must be made flexible according to severity of cases Amendments in the laws should be flexible and must be implemented.
  7. 7. E-Courts mean paperless Courts. This system is being followed by courts at various levels in the United States, as well as in our Supreme Court, though with limited success. To effectively achieve this objective, the following steps are required to be carried out Papers, pleadings etc. are filed online The scrutiny takes place online by the Registry. The date of first hearing is communicated online. The papers are placed before the Court and the Judges have computers screens/laptops. When an order is dictated by the Court, the order will be typed on a screen. The order will be read by the Court Officer/Stenographer/ Court Master who would then release the order of the Court under digital signatures. A certified hard copy of the order can also be obtained Payment of Court Fee can be explored with Court Fee debit cards, whose details are entered in E-COURTS: A STEP TOWARDS EXPEDITIOUS JUSTICE Payment of Court Fee can be explored with Court Fee debit cards, whose details are entered in secure online transactions like Pay Pal. If the Court dismisses the matter or issues notice, the orders will be issued under a secure digital signature. Service of notice will also be possible in addition through fax, courier and registered post. Since the Evidence Act (after the amendment brought about by the Information Technology Act, 2000) now envisages the use of electronic media to transmit documents, service of notice through email may be considered to be valid service. The date of hearing will be electronically communicated. On the dates specified, there shall be oral arguments within the time specified. However the time can be extended at the discretion of the Court. With respect to court fees, it is important that they are electronically generated so as to avoid fake stamps. The amount can be deposited to the treasury of the Government. As with electronic transmission of notices, the electronic money order facility of the Indian Postal Service This system will computerize, record the judicial information and monitor the progress of cases form the time the case is registered, till it is disposed off with judgment. It will also group similar law points, court rules, similar cases and related acts An e-Judiciary service may be implemented as a distributed online web system.
  8. 8. Customized application software to be developed 2-6 servers per court complex 4 clients/court & 1 laptop for every judicial officer alongwith printers & scanners LAN in every court complex Internet connectivity ( initially through broadband/dial up & ultimately thro’ swan) Power backup through ups & dg sets IMPLEMENTATION Power backup through ups & dg sets Capacity building of judges & court staff thro’ personalized training Hand holding for 2 years through technical manpower
  9. 9. On-line performance monitoring & assessment of judges Integrated personnel information system & computerized financial accounting Email facility to judges to ensure smooth communication Auto-generation of statutory reports/returns Online information to government departments Status of pending cases of every court to be available on-line Web-based public access to cause list, case details Service of notices & summons of higher courts by electronic means IMPACTS Service of notices & summons of higher courts by electronic means E-filing of cases in all courts Availability of digitally signed court orders and judgments on the net. Creation of data base of pending cases Electronic calculation of court fees Online assignment of cases Seamless transfer of data across the judicial system thro’ creation of national judicial data grid
  10. 10. Cases involving strong witnesses cannot be considered. Evidences cannot be produced using e-courts. A highly secured network will be required. CHALLENGES A highly secured network will be required.
  11. 11. These Strategic Initiatives provide a means for achieving the major objectives of the National Mission for Delivery of Justice and Legal Reform namely: Increasing access by reducing delay and arrears in the system, and, Enhancing accountability through structural changes and by setting performance standards and capacities Disposal level of the national system should be raised from 60% of total case load (as at present) to 95%-100% of total case load in three years. This target must be established at the district and State levels. Each court to ensure that no more than 5% of the cases in that court CONCLUSION ensure that no more than 5% of the cases in that court should be more than 5 years old (5x5 rule) within the next three years; and in 5 years, to ensure that no more than 1% of the cases should be more than 1 year old (1x1 rule). It is the need of hour that legal and judicial setup be streamlined right from lower level so that the gradually deteriorating confidence of common man in the judiciary could be restored. The judiciary is responsible to provide fair and expeditious justice,. it is also responsible to safeguard the legal and fundamental rights of the citizen immediate attention is required to be paid to make the judiciary most competent suitable to the need of the society in our democratic setup.
  12. 12. 2013-01-12/india/36295651_1_justice- delivery-apex-court-speedy-justice 66- REFERNCES 66- JUSTICE%20DELAYED%20IS%20JUSTICE%20DENI ED-ARTICLE.doc 1494933.ece