Justice Delay in India

JUSTICE DELAYED IS JUSTICE DENIED

IT is a matter of great anxiety not only to legate public but also for the jurist , administrator of justice honorable judge and all person involved in the administration of judicial system to dispose of an minimus area of pending cases before the lower court and the higher judiciary.

The cases of various natures like criminal, civil and constitutional matter and dispute are pending since long, some of them for more than a decade in the various courts of the country. The honorable apex court has issued direction and guidelines to dispose off old case on the priority basis. The criminal cases in which the liberty and fundamental right of the accused is involved must be disposed off with the reasonable period of time but if the delay in cost in the disposal of such criminal case then for them the procedural machinery can be attributed for the delay such cases have been directed to be disposed off with speedy trial which is the fundamental right of the accused person. [That right of speedy trial though not included in fundamental right is implicated in the right of fair trial, the cases can be queshed if accused has not delay the trial right from 1978 honorable apex court has up help the right of speedy trial implicit in fundamental right and various cases have been disposed resulting in acquittal in which delay was caused on account of procedural snags for which accused was not responsible]*

[Justice is the frist preference of indian law according the preamble of indian constitution “WE THE PEOPLE OF INDIA HAVING SOLEMNLY RESOLVED TO CONSTITUTE INDIA INTO A SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC AND SECURE TO ALL ITS CITIZEN; JUSTICE ,social ,economic and political; LIBERTY OF THOUGHT, expression, belief, faith and worship; EQUALITY OF STATUS and apportunity ;and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation ]#

It is clear that justice is frist urgency of our law maker.[accused was detained for more than 14 year without fair disposal of the case the accused was acquitted and also granted compensation. The delay disposal of the criminal cases can mainly be attributed delay in the investigation of cases delay in examination of the witness and the delay for various other case such court lying vacant etc the accused who is under judicial custody normally cannot held responsible for causing the delay accept in few cases in which the accused seek prolong and frequent adjournment]** honorable supreme court has made very much clear that benefit of acquitted on account of the delay in disposal of the cases will be given only to such accused who has not cause delay beside this the delay defeats justice in the sense that imprisonment without witness of the fact also forget the vital part of the occurrence with the passage of term which is also responsible for defeating and sub justice the fundamental and the basic human right is that the liberty and freedom of a person cannot be interfere with expect for specific breach of law this right of AND liberty has been jealously graded by the judge of supreme court and honorable high court. In recent case of PANKAJ KUMAR VS STATE OF MAHARASTRA AND OTHERS 2009 JIC 322 honorable Supreme Court held against emphasized the need of speedy investigation and criminal trial which is the integral part of fundamental rights of life and liberty as contained in article 21 of constitution of India[ the right of speedy trial is applicable not only acquittal proceedings in the court but also include within it sweep the proceedings police investigation as well as if the right of speedy trial is infringed the court can quest the case if the delay has not been caused by the accused]$ CONCLUSION: the case are required to be disposed off and must be decided in a reasonable period to secure the subject and faith of people in justice system there is a need to take some prudish action by government to provide justice without delay like increasing the number of judges in court according to population and proportion to the case pending in the court increasing the number of the court like fast track court for swift and speedy trail .court imposed strict charges on witness or party of cases in absent on court without reasonable cause used of model technology like computer are also helpful to increase the dexterity of court and provide justice without delay. references

* HUSSAINARA  KHATOON Vs STATE AIR1978SC1360

# CONSTITUTION OF INDIA

**RUDAL SHAH Vs STATE OF BIHAR AIR 1983 SC 1086

$VAKIl PRASAD SINGH Vs STATE OF BIHAR AIR 2009 SCC 1822

MEGHA SOLANKI

 

megha solanki 
on 03 March 2014
Published in Students
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