Justice delayed is justice denied

JUSTICE DELAYED IS JUSTICE DENIED

‘Justice delayed is justice denied’ is an old saying. It means that if timely justice is not provided to the sufferer, it loses it importance and violates human rights. The Indian judicial system still lives in old age. It has been observed that a number of cases are pending in courts for a very long time. It is reported that more than 34 lakh cases are pending for disposal in the High Courts and the number of cases pending in the subordinate courts has crossed two crores. Former Chief Justice of India Hon’ble Mr. Justice B.N. Kirpal remarked, “In lower courts a judicial official presides over eighty cases per day on an average, out of which seventy are adjourned”. Victims have to go through a harrowing time while seeking justice. We often hear about such justice being delivered either after the death of justice seeker or at that time when it has become redundant and useless for him. This approach of justice delivery system brings forth a pathetic situation prevailing all around.

In the Uphaar case it is shocking to observe that it took six years to establish that the 59 people died because of criminal negligence on the part of the cinema management and the Delhi government. It was clear from day one that nobody would have died had proprietors of the cinema hall followed safety rules but because the wheels of Indian justice move at the pace of our ‘national vehicle’ the bullock cart it took six years for justice to be done. And, now Ansal family has appealed in Hon’ble Supreme Court against the judgment of Hon’ble Delhi High Court. And it can be surely anticipated that the justice is really done by this apex court.

There are three enemies of the administration of justice: uncertainty, delay and costs. Uncertainty and delay both create a feeling of confusion and uneasiness in the minds of the litigants, although lawyers and judges seldom realize this. It is important that the sufferer must get timely justice. In addition to this complicated and expensive legal procedure, justice is delayed more often than not.

Speedy trial is the essence of criminal justice and there can be no doubt that delays in trial by itself constitutes denial of justice. It is prejudice to a man to be detained due to delay in trial. Speedy trial is an integral and essential part of the fundamental right of life and liberty enshrined in Article 21 of the Constitution of India. In United States, also speedy trial is one of the constitutionally assured rights. European Convention on Human Rights too provides that everyone arrested or detained shall be entitled to trial within reasonable time or to be released pending trial. Moreover, the procedure should be reasonable, fair and just in each proceeding involving persons fundamental rights.

The time has come when we should think seriously over the multiplicity of appeals and evolve a suitable process to avoid delay. With a view to provide quick justice to the people, fast track courts have been established throughout the country. The 11th Finance Commission has recommended the establishment of 1,734 additional courts known as Fast Track Courts for speedy trial of sessions and other cases. As, on February 28, 2002 -1015 Fast Track Courts had already been set up throughout the country. Undoubtedly, it has been proved that fast track justice is the need of our. And this time, a fast track court of Jodhpur to conduct the expeditious trial in the rape case of a German tourist by two auto rickshaw drivers became the medium of this fast justice. This judgment further shows the sincerity of our judicial system in making justice available to the poor victims as early as possible so that the victim do not undergo the same physical as well mental trauma of that unforgettable criminal torture in the name of getting justice. Judgment delivered by the Additional District Judge Jodhpur is considered to be one of the quickest court verdicts. As a result, on the rape that took place on May 11, 2005 fast track court of Jodhpur made history by delivering its verdict on June 1 i.e. within 21 days of the incidence and awarded a sentence of life imprisonment to the two accused.

It is true that some amendments have been made in civil laws to give relief to parties; still laws should be amended, so that parties may get relief immediately. O.8 R. 1 of CPC٭ is an appreciable measure to mitigate the chances of unnecessary delay which usually happens in civil matters. Civil cases should be heard day to day and should not be adjourned over and over again. The number of courts should be increased in proportion to increasing in population. We hope that these measures will certainly prove helpful in quick justice in our society.

This old adage tells a tale that there would be no meaning of justice if it is not given at appropriate time. At the same time, it reveals that when justice cannot be given on time, what would be the use of such a complex enormous system erected for this well entrenched value. And, further, from where the machinery will come to realise the concept of rule of law in reality? There are many such issues which want serious pondering over this relevant issue.

٭Civil Procedure Code,1908 Order 8 Rule 1 “The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence”.
[Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.]

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