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An abstruse process of justice increasing headache

by Ram Kumar Mishra, Mumbai(India), 05 June 2016

Constitution of India provides right to live each citizen who resides in its constitutional territory and concede Indian citizenship. Here, the constitutional phrase “right to live” doesn’t mean just be alive, but this specific phrase has a broad sense in itself that describes the condition and standard for a citizen that he can realize freedom in life with his creed, caste, religion and economical dignity. This freedom has been given him by Indian constitution’s article 21 chapter- III which protects a citizen from the power of state that may prohibit from his constitutional rights. The same chapter describes that a citizen of India is given right to get justice in the light of established rules and so that if any offender has not in such condition that he could arrange a lawyer in his defense, hearing bench asks him to available defense lawyer for transparent and a fair trial in court to the offender.

But all these are seems useless and mere a day-dream when one has to face a judicial process or when one passes through these court’s gallery then after he can hardly guess or tell you about the period of dispose of his case after its institution.

Chief Justice of India Mr. T.S. Thakur became emotional in inaugural function of joint conference that had been held for the chief justices and chief ministers of states in New Delhi last month. In this joint conference Prime Minister of India Mr. Narendra Modi also seated there when CJI Mr. T.S. Thakur were describing about huge burden over judges and related judicial officers due to pending cases and backlogs in courts, and describing it his eyes filled with tears. Then it was a remarkable moment to this country and need to think seriously about the heavy work load over the High Courts and subordinate courts along with Supreme Court of India. Here the speech of CJI has drawn attention of judiciary body of Government, and so that the Prime Minister of India Mr. Modi had assured CJI to discuss this issue in a room behind ‘closed door’ when he addressed the conference.

Bombay High Court Mumbai(Maharashtra). photo: Ram Kumar Mishra    
A lawyer coming out from court room in Mumbai(Maharashtra). photos: Ram Kumar Mishra



Describing about pending cases, backlogs and institution of new case in High Courts and subordinate courts of India, CJI Mr. T.S. Thakur said that today courts are perished with 30.25 million pending cases. Mr. Thakur asked did the country’s future would be bright in these phenomena, where the government’s slogan like “Make in India and Invest in India” emphasized? He said that we are inviting worlds’ entrepreneurs and foreign investors to start-up there business in India but why this government did consider that these investors will come to courts when they have any problem. Courts that already have millions of pending cases and backlogs how can resolve new case within a reasonable time?

CJI has asked the government’s judiciary body, we are inviting foreign direct investors in country. We want people come and make in India but they may have few legal problem taking to establishment process, they concern about the ability of the court and judicial system in the country to deal with cases and legal disputes that arise out of such investment. CJI has expressed his concerned over pending cases in courts before the prime minister of India Mr. Narendra Modi saying efficacy of the judicial system is directly related with the development.

Law commission of India has recommended in 1987 to appointment at least 40,000 more judges so that the number of judges for hearing the case goes up from 10 judges per one million people to 50 judges per one million people. It is criticized that courts are now unable to give justice in time; huge number of people are languishing in jails or police custody, because of there case are under trial. They did not getting bail because there case could not reach for hearing in court and so they are waiting there hearing date remaining behind the bar.

A lawyer coming out from court room in Mumbai(Maharashtra). photo: Ram Kumar Mishra    
A lawyer coming out from court room in Mumbai(Maharashtra). photos: Ram Kumar Mishra

On the other hand judiciary and government clashing taking to recruitment policy in Supreme Court and High courts’ judges. Supreme Court of India did not agree to accept new rule of appointment in judiciary body according to it two members will be submitted form government and civil society each, in new recruitment committee. CJI to be referring to a stand-off between judiciary body and the government of India for new recruitment in courts said that Collegium system dropped out half of proposals that it get from high courts of states because Collegium did not want least a judge in court with a slightest blemish. Instead of it government wants revive collegium with National Judiciary Appointment Committee (NJAC). This is the main issue of clash between the judiciary and government and for this reason 470 vacancies are pending in High courts where 3.8 million cases are pending.

Here data disclosed in March 2016 shows 59,468 pending cases in Apex Court of India and about 4.45 million cases pending in 24 High Courts of States and same way there are 20.5 million pending cases are reportedly pending in 459 district courts.

Here, now justice seems a shield of war when we look and goes into its most complicated and awaiting judicial process. In order to facilitate justice in time and dissolve the pending cases in courts vacancies must be filled up as soon as possible, making mandatory pre trials conference under which both defense and prosecution lawyers will be asked to refrain themselves from seeking unwarranted courts adjournments and extend the time hearing.

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