What is wrong with Justice Delivery System
Headline in TOI today: “Bank fraud: 31 yrs on, court upholds 3-year RI for two”
A sessions court on Monday confirmed the three year imprisonment awarded to a 74- year -old man and a 59-year -old woman who cheated Bank of India to the tune of Rs.39 lakh, 31 years ago. Upholding a 2017 magistrate’s court order, the court dismissed their appeals.
Now let us examine the timeline:
1. Fraud happened 31 yrs. Ago.
2. Magistrate took 26 yrs. to issue court order.
3. Sessions court took 5 yrs. to uphold the court order.
4. This is not end of story. As accused can appeal to High Court.
5. High Court may take another 10 years to pronounce its order.
6. Irrespective of in whose favour High Court rules, one party will appeal to Supreme Court.
7. Being heavily loaded Supreme Court may take another 10 to 15 yrs. to decide the appeal.
8. So it is likely to take a total of 51 to 56 yrs. to finally close the case.
This is not an isolated case. Similar delays take place for most of court cases.
I suggest that this case may be taken as case study for reforming Indian Judicial System. The study will point out the reasons for such long delays in deciding court cases. Corrective action can be initiated by government to improve justice delivery system.
A sessions court on Monday confirmed the three year imprisonment awarded to a 74- year -old man and a 59-year -old woman who cheated Bank of India to the tune of Rs.39 lakh, 31 years ago. Upholding a 2017 magistrate’s court order, the court dismissed their appeals.
Now let us examine the timeline:
1. Fraud happened 31 yrs. Ago.
2. Magistrate took 26 yrs. to issue court order.
3. Sessions court took 5 yrs. to uphold the court order.
4. This is not end of story. As accused can appeal to High Court.
5. High Court may take another 10 years to pronounce its order.
6. Irrespective of in whose favour High Court rules, one party will appeal to Supreme Court.
7. Being heavily loaded Supreme Court may take another 10 to 15 yrs. to decide the appeal.
8. So it is likely to take a total of 51 to 56 yrs. to finally close the case.
This is not an isolated case. Similar delays take place for most of court cases.
I suggest that this case may be taken as case study for reforming Indian Judicial System. The study will point out the reasons for such long delays in deciding court cases. Corrective action can be initiated by government to improve justice delivery system.
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Local Circle should take up for the reforms of the judicial system. It has to be overhauled....
Apr 22
The system is kept like this intentionally, so that manipulation is possible. In a population of 130 crores, are they not getting qualified to fill the vacancies in courts?
Apr 22
Mohit Ji you hit the nail on its head. Justice system in our country is rotten and I say this with proof. My tenant when asked to vacate went to Court with a cooked up story. My Case papers were intentionally mislaid by a conniving court clerk and I have made several trips from Delhi to Ahmedabad (Gujarat). Over 2 dozen Judges slept over the case and moved on...I started attending each hearing and raised questions when the tenant never presented. When Court Notice was sent, a lawyer represented the tenant. Combination of a Muslim Advocate and Muslim Judge ensured that in just one hearing the Judge gave a verdict which favored the tenant - till final disposal of case both parties to maintain status quo. The Learned Judge would no doubt be aware of the Final Disposal which comes after 30 years. The statue of lady with scales and blind folded is perhaps a testimony that Justice is Blind. Judges wear Black why...to cover their misdeeds? It is now 13 years that I am fighting the case and Judges are now pressing me to reach compromise: Pay the Tenant so he moves. They say Win - Win situation for both. And Tenant has not paid the Rental in Court too which direction was given in the 2014 verdict. Yet even my plea for Current Market rent is not admissible. Where is Justice?
Apr 05
Not judicial system must be reformed but also Central as well as State Govts. They are equally responsible for such sordid affairs of judicial system. Judges are not appointed promptly, accordingly there are no judges to hear matters. Funds are not disbursed in time. Consumer Courts are the biggest sufferers. For several years there are no judges. Judicial system can't be entirely blamed.
Mar 28
True.Judiciary kept insufficient and inadequate since more than 3 and 1/2 Decades.
Mar 28
It is known that in a year how many cases are admitted and how many cases are settled. With this you can do the revamping of Judiciary System. Hence open that many Courts and Appoint that many Judges. But it seems both Govt and Judiciary are not Serious on this. Secondly just like IAS,IPS, IFS etc Govt can Create National Judiciary Service and a similar selection/training process. This will gave Talented Judges.
Mar 27
