Do You Want Speedy Justice in Indian Judiciary? Ufff!
Do You Want Speedy Justice in Indian Judiciary? Ufff!
Do You Want Speedy Justice in Indian Judiciary? Ufff!
Posted on 28th October, 2024 (GMT 17:49 hrs)
The above cartoon is by the legend R. K. Laxman
ABSTRACT
The article criticizes delays and inequalities in India’s judicial system, highlighting case backlogs, vacant judicial positions, and alleged biases favoring influential figures. Examples include stalled justice for financial fraud victims and the “culture of adjournments” that worsens case backlogs, with some dating back decades. There are allegations of political interference, judicial corruption, and manipulation in high-profile cases. The article calls for accountability, infrastructure improvements, and a reform of judicial appointments to restore public trust.
Do you want to secure speedy justice in the Indian courts?
Do you believe in the proverb: “Justice Delayed is Justice Denied”?
Do you have the financial means to afford an ascent through the judicial hierarchy?
We reflected on these concerns on “justice deferred and differed (from genuine public interest)” in the following article:
FAQ: When Will We Get Back Our Hard-Earned Money?
Even your sincerest efforts in this regard would end up in a smoke because here, the poor get gallows, while the rich mostly escape. For example, Mr. Ajay Piramal had got a “blanket” stay order from the Supreme Court of India on 11.04.2022, from the NCLAT previously on 25.05.2021 in the DHFL case and earlier in the case of the Digwal environmental extortionist case. Yet, it is beyond doubt that Mr. Piramal, the secondary kin of Mr. Ambani and BJP’s close associate, is more equal than others in buying DHFL’s 45k crore worth of assets by paying only a rupee.
Do you have faith in the Contemporary Indian Judiciary?
Moreover, there are several pressures from the present ruling party of India on the judicial administration and the same infests the judicial judgements in the context of the crony capitalist regime.
Many of the judges are greedy enough to get post-retirement jobs. This causes them to behave somewhat erratically than what they are expected to do otherwise, following ethico-legal principles. A recent example is the about-to-retire of CJI, Mr. Chandrachud in the context of his recent remarks that tilt in favour of the ruling party’s ideology instead of serving judicial independence. The judges are also threatened by the party’s sponsored goons from time to time. Hence, the former do not want to suffer from the same “fate” as Justice Loya.
CJI Chandrachud: A “Legacy” Mired in Ambivalence(s)
As evident from the data given below, the infrastructure of the judiciary has cut a sorry figure to address the following lapses and lacunae:
As of October 1, 2024, there are 363 vacant seats in India’s High Courts, which accounts for approximately 32.5% of the total sanctioned seats.
The sanctioned strength for High Court judges in India is 1,114, comprising:
- 840 permanent judges
- 274 additional judges
The Supreme Court of India is currently at full strength, with no vacancies in its sanctioned posts.
According to a report by the Supreme Court of India’s Centre for Research and Planning:
- 31% of judges’ posts are vacant in the High Courts.
- 21% of judges’ posts are vacant in the District Judiciary.
The Ministry of Law and Justice has stated that judicial vacancies will persist unless the appointment process for judges is improved.
Vacancy Position: Ministry of Justice VIEW HERE ⤡
In Indian high courts, nearly 62,000 cases have been pending for over 30 years, with some dating back as far as 1952. This backlog includes a mix of civil and criminal cases, and high courts across the country collectively have about 58.59 lakh cases awaiting resolution, of which around 2.45 lakh cases have been pending for 20–30 years. The Calcutta and Madras High Courts, for instance, each have cases pending from 1952. President Droupadi Murmu and Law Minister Arjun Ram Meghwal have highlighted these delays as major issues, with both urging reforms to address the “culture of adjournments” that has exacerbated the backlog. Meghwal also suggested that a significant percentage of old cases could potentially be closed quickly through targeted actions such as “ageing analysis” and consolidation of similar cases, steps that some high courts have started implementing to streamline resolutions.
Nearly 62,000 of cases pending in high courts are over 30 years old VIEW HERE ⤡ (As reported on 7th September, 2024 ©The Hindu)
According to PRS India, India’s judicial backlog includes over 3 crore pending cases, with subordinate courts holding 86% of these. The Courts face rising vacancies (as mentioned previously), further slowing case disposal. High Courts report that 25% of cases have been pending over 10 years, with Allahabad High Court leading in backlog. Despite a rise in case disposal rates, new cases outpace resolutions, keeping pendency high. Undertrial prisoners also increase due to delays, with two-thirds of prisoners awaiting trial.
Pendency of cases in the judiciary VIEW HERE ⤡ (©PRSIndia)
In 2024, the total number of pending cases of all types and at all levels rose above 51 million or 5.1 crores, including over 180,000 court cases pending for more than 30 years in district and high courts.⤡
Justice delayed: Over 1 lakh cases in lower courts more than 30 years old VIEW HERE ⤡ (As reported on 25th September, 2022 ©India Today)
Former Chief Justice of India, N.V. Ramana, noted that nearly half of the judiciary’s challenges stem from government-initiated litigation, making the government the largest litigator in India. He emphasized that resolving this issue could ease judicial backlogs. Ramana also highlighted poor judicial infrastructure and the judiciary’s limited independence concerning financial and administrative decisions. During his tenure, he worked on increasing judge appointments but called for better infrastructure and coordination with the government to improve efficiency.
Half of judiciary’s problems due to state-sponsored litigation: NV Ramana VIEW HERE ⤡ (As reported on 24th September, 2022 ©Business Standard)
There are also further grave allegations against the judiciary. We have got a text from one anonymous NRI sufferer via OBMA’s mail. He alleged that the judiciary is totally being manipulated in many cases. His text is paraphrased below (Usual Disclaimers Apply):
The situation described by the anonymous victim raises serious allegations concerning the integrity of the judicial process in India, particularly in the handling of long-standing cases involving purported manipulation of legal notices, records tampering, and potentially compromised judicial decisions over the last 30 years. Here’s a breakdown of some key points mentioned:
1. Judicial Corruption and Bribery Allegations: – He alleged that some members of the judiciary accepted bribes for promotions within the judicial hierarchy, allegedly affecting judgments in favor of certain influential parties. This potentially involves members at the highest levels of the Supreme Court and High Court.
2. “Fake Judicial System”: – The notion of a “fake judicial system” suggests that certain cases and outcomes might have been manipulated through the influence of powerful political entities, like the BJP-RSS, as well as bank unions allegedly connected to the New Bank of India (now merged with Punjab National Bank). According to the claim of this anonymous sufferer, the judicial process may have been influenced to serve these interests.
3. Mechanisms of Alleged Judicial Manipulation: – The use of “fake notices” and the tampering of official court records through the High Court Registry are alleged mechanisms used to influence the outcomes of cases. The specific instance mentioned involves a “fake HC notice” that was purportedly issued with an additional process fee and tampered records, both of which compromised the proceedings from 1994 onward.
4. Supreme Court’s Handling of Review Petitions: – The Supreme Court’s dismissal of Review Petition 1719/14, allegedly based on “delay in filing,” is questioned here, as it pertains to a “continuing offense” of record tampering. Continuing offenses are typically handled differently from isolated incidents, as they represent ongoing violations.
5. Implications and Suppression of Allegations: – The allegations imply a systemic effort to suppress exposure of these manipulations, including tragic consequences for individuals and families impacted by the case. If true, this suggests a disturbing level of institutional compromise. If these allegations are to be validated or even further investigated, this would involve independent scrutiny, possibly from outside the judiciary, to ensure fairness and integrity in assessing the claims. Given the gravity, if substantiated, such claims would demand transparent inquiry and reformative actions to restore confidence in the judicial system.
Who is responsible for such deferred and delayed judgements in all the courts of India?
Obviously, the only responsible institute is the derailed state machinery, or better to say, the ruling party. Its overtly partisan behaviour is to be held accountable for all these mismanagements, infrastructural failures and failures in systematic governance.
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