Shubham sharma
[ June 16, 2017 ] In vogue justice delayed is justice denied is a very smooth saying. But it is not as easy to understand without clarification as to what actually is meant by the delay in justice.In between seeking justice and deliverance of justice there are a lot of pre-requisites and formalities of rules and regulations and prescribed procedures governing proceedings of the court time consuming but unavoidable for the purpose. It is rather a precondition governing the procedures that the respondents in civil matters and accused in the criminal cases be given reasonable opportunity to defend themselves. Therefore, the delay in justice relates to the delay in actual deliverance of justice or passing of the final order into the matter after the round up of the entire proceedings in full conformity of the prescribed procedures in respect thereof. In India, we find that the working of whole of the system is not satisfactory at all. As a result, there is an inordinate delay in the disposal of cases due to highly time consuming procedure. The number of cases in the courts is also increasing day-by-day. The time taken on average case is more than four years. The justice as such is becoming costlier, in terms of time and money. Since the citizens are unable to apply costly lubrication to the parts of mechanism attached to the system, their work is delayed and justice goes out of their reach. It is very shameful that as many as 30 million cases are pending in the Indian courts. As a matter of fact, the system of law courts that we inherited from the British rulers has grown of age and needs modification, and these modifications should be such which suit our needs and convenience.The modifications should aim at shortening the period of proceedings of the court, amendment in the rules and regulations governing court proceedings and simplification of the procedures, so that people’s faith in the legal system may not finish.In order to do away with the over burden of the law courts, we should introduce a scrutiny system for proposed prosecutions so that only the bonafide cases are okayed for prosecution and sent to courts. Secondly, a time limit should be fixed for the disposal of cases.The number of courts should be increased as we are the lowest in the world on judges per million populations. The remuneration of the lawyers should be fixed after evaluation of the case by a competent court officer in consultation with a senior office bearer of the Bar Association. Unless such steps, to ensure speedy disposal of cases, are not taken, the present system cannot give a desirable performance. The special Terrorist and Disruptive Activities (Prevention) Act court on Friday pronounced its judgment against gangster Mustafa Dossa, Abu Salem, Firoz Khan, Karimullah Khan and Taher Merchant, finding them guilty of conspiracy in 1993 Mumbai serial bomb blasts case. Judgment is still awaited on two others in the 1993 Mumbai serial blasts case. The trial of these seven accused was held separately as they were absconding during the commencement of the earlier trial. The accused faced charges including criminal conspiracy, waging war against the Government of India and murder.It’s very unfortunate , that the judgment against gangsters Mustafa Dossa, Abu Salem, Firoz Khan, Karimullah Khan and Taher Merchant, finding them guilty of conspiracy in 1993 Mumbai serial bomb blasts case came after 24 years . This judgement must be an eye opener for Indian judicial system. The development of any country is measured by the economic and judicial system, governmental setup and living standard of people which includes fair and speedy justice. Due to delay in deciding the cases, the whole democratic and economic structure of country is affected. In liberalized era, many scams and frauds are committed which affect the living of people and it requires not only quick reactions but also actions from the judiciary to decide these matters. There are many cases relating to scams which are still pending for years and the culprits behind these acts of scams are yet to be punished. A Slow judicial system is the root of all causes. Agreed that the system is perfect for demanding justice, but some of the laws are outdated. Interpretation of laws is also difficult for a common citizen. Some rare incidents of cases being fast tracked in fast court cases to provide speedy justice. There is a need of a more effective and efficient judicial system in India. It should be the moral responsibility of the lawyers not to give slip on the hearing day causing financial, mental and economic problems to the litigant. Moreover, for the speedy judicial system, it is the responsibility of everyone to contribute their bit as it has seen while delivering trials several witness turning hostile and several cases lingers on years together and it has been observed that the some of the decisions were declared even after the death of the litigant for years. Among other factors which are need to be undertaken, there is a great need to enhance the strength of judges and courts in India. There should be case specific courts so that particular court could stress on a particular case. It will help both the judges and litigants to go for free trial and that for time bound manner. It will not be out of context to say when the justice is delayed , criminals and negative minded people get much needed booster and people also hesitate to go to court for justice.