1. Topic
Citizens' Appeal: Ensuring expeditious and timely justice to all
Team details
Coordinator : Pratik Relekar
Members : Vilas Nikumbh
Ajinkya Chouthai
Onkar Bhardwaj
Bhavin Shah
College Name: Pune Vidyarthi Griha’s
College of Engineering and
Technology, Pune-9

2. f the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
“We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into
a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to
secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of
the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949,
do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION”.
PREAMBLE OF THE
CONSTITUTION OF INDIA
“Delay Defeats Justice”

3. A 150 year old
case………..
Still clogged up in the
judicial system.
Simple and frivolous
matters take 22 years….
What about more
complex issues?
Overstayed his visit for
2-3 days on a
visa……….jailed for 13
years without trial.
The Doshipura land dispute case began in 1878 over a graveyard in Doshipura, Varanasi.
According to Times of India this is perhaps the world’s longest case. Though
Judgements have been delivered they have not yet been implemented and the dispute
continues. The land dispute is between Shia and Sunni communities over which
community owns the graveyard land. Though the Hon’ble Supreme Court delivered its
Judgement in 1981 (100 years after the case was filed as Suit no. 849 in 1878) but still
the Government has not implemented it and the courts have not enforced it.
Uttam Nakate was found sleeping on the job on 26th August 1983. After an enquiry his
employer-Bharat Forge fired him. The argument in case was whether the company had
the right to fire him. The case proceeded through Labor Court, Industrial Tribunal,
Hon’ble Bombay High Court and finally in January 2005 the Hon’ble Supreme Court
decided in Bharat Forge Co. Ltd vs Uttam Manohar Nakate . The Financial Times
quoted that if such simple matters are taking 22 years after a lengthy appeal procedure ,
What will happen to complex issues affecting the country? Also investor confidence will
reduce and the average common man will lose faith.
Indian-born Mohammed Idrees married a Pakistani woman and became a Pakistani
citizen. He got a visa of 15 days to visit his ill parents in 1999. However he overstayed
his visa for 2-3 days and sought an extension from the visa office. However he was
arrested. Without charges he was in jail for 13 years both countries not helping him and
was stateless. He was released after 13 years in 2012 without any trial.
BUT, DOES IT REALLY PROVIDE “SOCIAL, ECONOMIC and POLITICAL” JUSTICE?
“Delay Defeats Justice”

4. • In July 2009, 53,000 cases were pending with the
Hon’ble Supreme Court, 40 lakh with High Courts and
2.7 crore with Lower Courts. This is an increase of 139%
for the Supreme Court, 46% for High Courts and 32% for
Lower Courts from their pendency numbers in January
2000.
• 25% of all cases in High Courts have been unresolved
for 10 years.
• 70% of all prisoners are under-trials.
• If no new cases are filed, it would take Supreme Court 9
months to clear the backlog of cases at the present rate.
• Similarly, on an average it would take High Courts 2 years
9 months to clear its backlog,. However larger High Courts
like the Allahabad High Court would take more than 6
years.
• Number of new cases outnumber those resolved…..
Chief Justice A.P.Shah of Delhi High Court(in a report) said-”It would take the court 466 years to clear cases”
“Delay Defeats Justice”

5. So who Delays
Justice?
Parties
Government
WitnessInvestigative
Agencies
Judges
Did you know
that the JMFC
exam of
Maharashtra-2013
for selection of
Judges got
delayed by more
than 2 months?
Is it really
safe to
become a
witness?
Is our
Police
trained
enough to
gather
“Technical”
evidence?
Court is too
far & Justice
very costly.
“Delay Defeats Justice”
Only 14
Judges per
million
people?

6. • Courts should be instituted at the block level in each district as
70 % of India’s population lives in rural areas
• Steps should be taken to make justice economical for the vast
rural population
• Teleconferencing facility should be introduced at the block
level courts to ensure less hassles for stakeholders.
Infrastructure
• Increase the skilled manpower for filing and scrutinizing the
case before initialization of the case.
• Provide quality training to ensure the work efficiency.
Human Resources
• Judicial stamp duties should be made proportionate to the
monetary valuation of the case.
• Facility of teleconferencing should be provided to those
petitioners who find it cumbersome to approach the distant
courts on regular basis, at a bare minimum charge
• Also the institution of block level courts will generate
employment for local people which will indirectly generate
revenue .
Increment in Budget
allocation to Judiciary System
WHAT THE GOVERNMENT CAN DO?
“Delay Defeats Justice”

7. Supreme
Court of
India
Northern
Bench
Eastern
Bench
Southern
Bench
Western
Bench
According to the Article 130 -Seat of Supreme Court, The Supreme Court shall sit in Delhi
or in such other place or places, as the Chief Justice of India may, with the approval of the
President, from time to time, appoint
• Article 32(3)- Without prejudice to the powers conferred
on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament
may by law empower any other court to exercise within the
local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause(2)
•Need of Decentralization- In 2012, as many as 2,72,832
civil and criminal cases were instituted in the High Court.
The pending cases are expected to be appealed in the
Hon’ble SC.
•Hence considering the geographical enormity of the
country and in the interest of public at large, various
benches of the Hon’ble SC must be established
•This will ensure that the seat of the Hon’ble SC at Delhi
will focus mainly on guarding the cardinal principles of the
Constitution of India
GOVERNMENT ALONGWITH THE HON’BLE SUPREME COURT
CAN IMPLEMENT THE FOLOWING
“Delay Defeats Justice”

8. Vacant seat of judges:
currently 23% posts of
Judges in SC, 26% in HC
and 18% in lower courts
are empty.
3.2 crore cases are pending in HC and
lower courts and 56,383 in SC in Dec 2011
(Times of India, December 20, 2011)
To gradually increase the number of
Judges in all courts right from lower courts
to the Supreme courts in particular to bring
the ratio of judges to population to at least
50 per 1 million.
Same Judge handles both
civil as well as criminal
cases (requires time and
thorough investigation) at
the same time.
The pendency of huge number of civil
cases and its daily filings causes delay in
the more complicated criminal cases.
In the subordinate courts where there are
more Judges of the same cadre
at the same place, as far as possible
assigning of civil and criminal cases
to the same Judge every day should be
avoided.
Unreasonable
adjournments in courts.
Case drags on for years, which makes
justice in India “costly & uneconomical”.
The court officer appointed must report all
the unreasonably adjourned cases to the
higher authorities.
Courts (the custodian of
our Constitution) lack the
punctuality aspect.
Reduction in efficiency of our courts and
hence wastage of public money.
With the help of electronic assessment the
Court Officer shall prepare the attendance
report of Judges to be displayed on
official website.
2 months of summer
vacations given to the
Judges in India
All Cases in general and Civil cases in
particular, gets piled up in huge numbers.
Vacations for the Judges should be brought
at par with other civil servants of India.
PROPOSED
SOLUTION
EFFECT
CURRENT
SCENARIO
“Delay Defeats Justice”
How the Judges can be instrumental in the change…

9. CAUSES
• Unfortunately the witness are treated very shabbily by the system.
• In rape cases, there are various stages to give the evidence.
• Sometimes, it is not feasible to be present for the witness because of the long distance
of court and in some other cases threat from the accused side.
SOLUTIONS
• Regulate cross examination so as to ensure that the witness is not ill-treated affecting
his dignity and honour.
• To solve the cases on speedy trial basis, the evidence should be given before the
magistrate only. Also the prosecutor may pay attention to reduce duplication of
evidence resulting in unnecessary waste of time of the court and expenses.
• Video conferencing should be provided.
IMPLEMENTATION
• Considering the case severity it is possible to register the evidence before magistrate
and also evidence of medical witness, Government scientific experts of mint
contemplated by section 291, 292 and 293 of the code shall be tendered as evidence in
the form of affidavits.
• A separate officer should be appointed to look into the issues of the witnesses.
• For facilities like video conferencing, funds can be raised by increasing stamp duties
and court fees.
What makes witnesses delay the cases?
“Delay Defeats Justice”

10. NEGOTIATION
You will have used negotiation to resolve a
disagreement. The same process works for
sorting out a dispute.
Negotiation is where you and the other
people involved in the dispute talk about the
dispute and try to come to an agreement that
works for everyone(win-win situation).
MEDIATION
Mediation is a process where the participants,
with the assistance of an independent person
as mediator resolve disputes.
A mediator can help you and the other
participants have a respectful, evenhanded
discussion and decision making process. It
can be court ordered, voluntary or part of
contract
ARBITRATION
Arbitration is a process where you and the
other participants present your points of view
and facts to an independent person (the
arbitrator).
Arbitrators can often make a final and
binding decision about the dispute.
Generally, you and the other participants will
agree before the arbitration happens that you
will all accept the arbitrator’s decision.
CONCILIATION
Conciliation can be similar to mediation
although the conciliator’s role may be more
directive and advisory
Conciliation may also be suitable if you have
tried mediation and you and the other
participants cannot yet agree.
ALTERNATIVE
DISPUTE
RESOLUTION
“Delay Defeats Justice”
• People should be educated through free legal aid camps
• Education at primary level will create awareness
• The law of the land should be made available to people in lucid language and process to
be made hassle free
• The Alternative Dispute Resolution mechanism should be encouraged and promoted

11. Current Scenario Proposed Changes
Investigation agencies often lack the skill in collecting
evidence so they have to iterate the process.
A technical panel to be set up permanently in each court so
that it can assist investigation agencies especially in cyber &
Economical crimes.
They are most of the times insensitive to victims as well as
witnesses due to which people are unwilling in timely
participation which further leads to delay.
Ensure proper training to agencies to sensitize them to deal
properly with the people and be able to explain the process to
them.
Delay in filing charge sheets by agencies acts as a loop hole
in favor of accused.
Strict implementation of “Limitation Act 1963” should be
followed under a higher authority.
Current system leads to
harassment of public as
They need to fill the same
Information at different
Levels in long queues.
Better to prepare an
INTEGRATED DATABASE
FOR INDIAN JUDICIARY
to make process simpler
and user friendly for public.
Role of Investigating Agencies and Court Officials
“Delay Defeats Justice”

12. § Law commission of India Reports
§ Mallimath Report 2003
§ LAW AND JUSTICE : A LOOK AT THE ROLE AND PERFORMANCE OF INDIAN
JUDICIARY by Prof. N.R. Madhava Menon
§ Press Bureau of India
§ The Constitution of India- P.M Bakshi
§ Indian Polity – M Laxmikanth
§ Times of India
§ The Hindu
REFERENCES