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JUSTICE DELAYED IS JUSTICE DENIED
R.Venkatesh Santosh Pandhare Arun Nigam Ganesh Shendkar
Power of Judiciary lies not in deciding cases, nor in Imposing sentences nor in punishing for contempt, but in the trust, faith and confidence of the common man
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Pendency of Cases – Indian Supreme Court
2000 20100
10000
20000
30000
40000
50000
60000
20000
55000
Supreme Court
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Pendency of Cases – Indian High Courts
2000 20100
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
4,000,000
4,500,000
2,800,000
4,200,000
High Courts
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Pendency of Cases – Indian Sub Courts
2000 20100
5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
20,000,000
28,000,000
Sub Courts
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Increase of Pendency from 2000 to 2010
Supreme Court 148%
High Courts 53%
Sub Courts 36%
Reasons for Increase :1. Increase in institution of fresh cases2. Inadequate number of judges and
vacancies3. Inadequate physical infrastructure and
staff4. Frequent adjournments
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Filing and resolution of cases - 2010
Supreme Court (Thousands)
High Courts(Lakhs) Sub Courts(Crores)0
10
20
30
40
50
60
70
80
56
40
2.7
78
19
1.8
79
17
1.7
55
42
2.8
Pending (Year start) Fresh filingsResolved Pending(Year end)
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Vacancies across courts
Alla-habad Calcutta
BombayMadras
Supreme Court
020406080
100120140160
160
5875
60
31
81
3661
53
29
Sanctioned Current
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Are there enough Judges ? India has approximately
11 judges for every million people
US has 110 per million in the United States.
India’s Justice Ministry last year called for an increase of 50 judges per million people by 2013.
But it is unclear how the government would pay for such a massive overhaul.
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SC: Why has LN Mishra murder trial dragged for 37 years?
- 16.12.2011
Chronology of Events• 02.01.1975 – LN Mishra killed in bomb attack• 09.01.1975 – Case handed over to CBI• 01.11.1975 – Chargesheet filed• 27 year old advocate cited as accused is now 64
years old• Has already suffered a heart attack• 39 defence witnesses cited – 31 have died• 22 judges have heard the case so far• The person killed was Prominent Union Minister• Two decades ago, SC directed day to day trial• A clear indication of our badly clogged judicial
system
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The wheels of Indian justice grind slowly, but there are times when they don’t move at all
Bengali Royal Family’s Property in Old Bengal Pending for 175 years …. Property belonged to Raja Rajkrishna Deb, a 17th-
century landlord of Bengal’s Shovabazar royal family The stakes are high o some seven mansions in north Kolkata, o nearly 100,000 acres of land in what is now
Bangladesh, o large tracts of land in at least three districts of West
Bengal, and half of erstwhile Sutanati, o one of the three villages that make up modern
Kolkata. Litigation started in 1833 Still ‘running successfully’ in Calcutta High
Court…
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No. of Under-trials in Jails double that of Convicts
Undertrials Convicts0
0.5
1
1.5
2
2.5
3
2.6 L
1.2 L
Prisoners
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National Mission for Delivery of Justice and Legal Reforms
92,000 under-trial prisoners released Charged only under petty offences Sentence adjusted with period already
undergone UP alone released 29,009 UT Prisoners
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Setting up Rural Courts 850 Rural courts to be
set up in India Villagers get justice at
their door steps Covers a jurisdiction of
6-7 village panchayats Also mobile courts to
reduce pendencies Will reduce the
difficulty of villagers in reaching courts in towns…
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Lok Adalats Alternative Dispute
Resolution People’s Court Deals with civil cases &
compoundable criminal cases
Presided over by retired judges
No Court fees, No strict procedures
Pending cases are transferred and disposed off
Consent of both parties mandatory
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Appointment of Ad-hoc Judges 15,000 Trial court judges
& 700 High Court Judges to be appointed on ad-hoc basis
From a pool of retired judges and senior advocates
Appointment for a limited period to clear backlog
These courts will work in 3 shifts
Aim to bring average pendency of case from 15 years to 3 years…
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Justice seekers wait day after day, Month after month, year after yearEven decade is passed butIn course of justice they don't hear.
Sometimes they pass away without getting the justice.Such delays lack faithIn system amongst the public.
Maggu's land was capturedIn an act of atrocityAnd his cow was stolenFrom his own vicinity.
With good efforts of policeThe stolen cow was traced
But died before order of justiceTo return it, was graced.
Maggu filed an other suitDemanding for compensation; His land dispute was alreadyPending under litigation.
Finally justice prevailedHe got verdict in his favour
Compensation and his landYears he waited with fervor.
But by the time justice givenOld Maggu was dead This is how legal maximJustice delayed is justice denied.
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