Justice Delayed Is Justice Denied Essays
It is often quoted that the infrastructure facilities in lower courts ought to be improved; however it is not only an appeal for physical infrastructure, but also for technological infrastructure. On a sheer analysis we can beyond doubt hold that it is the prestigious judiciary which is technologically poor. Introduction of online systems for filing cases, returns, documents and if feasible, for conducting proceedings for cases like chamber matters, party in person issues, will not plunge upon the court timing, will avoid unnecessary procedural delays and will speed up the process of justice delivery.
It is not an impossibility to set a tab limit to settle disputes. The Bench can insist on settling cases expediently within a maximum time of six to eight months which is definitely a reasonable time period to settle disputes.
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Such a tab though may not be strictly complied with, at all times but will at least emerge as a starter for bringing down the unnecessary delays caused. This is a very crucial causa causans contributing to the delays. It is imperative that the Bar insists on not permitting adjournments and appeals on flimsy grounds. At the same time we need a tab on the number of appeals.
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Finality of the decisions ought to be the primary imposition, especially when cases come on appeal from the tribunals. Pass over at times also lead to delays as pass over of a case from the morning schedule to the end of the day might lead to the matter not reaching at all and thus leading to the inordinate delays in securing justice to the ailing litigant.
We need to establish a scrutiny committee or a scrutiny cell that would screen cases that need to go to the court, and the rest which can be settled through the alternate dispute resolution systems of Arbitration, mediation, conciliation, etc. The state of criminal investigation is no less different than the judicial delays.
The obvious result is that a number of under trial prisoners languish in prisons for years together. We need an investigation authority dedicated for the sole purpose of criminal investigation to speed up the process. Inter alia, we have several other measures like that of increase the hearing time of the cases, bring down excessive judicial transfers, encourage settlement of cases like property matters, matrimonial matters by lok adalats, meet filing delays with penalties, ensure punctuality of both the Bar and the Bench, encourage more of mobile courts to settle petty disputes, etc.
On a concluding note, it is important that these reforms fins a mention in the laws governing the members of the Bar and the Bench, as these as a moral obligation will not serve the purpose. Thus when the following changes are being made mandatory than being directory, it will for sure bring down the delay in settlement of cases and thereby instil in the minds of litigants and the citizens that Judiciary is indeed the temple of justice at the right pace and that securing Justice will not become a pipe dream.kinun-houju.com/wp-content/baqywufi/3186.php
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