TMI Blog2012 (2) TMI 730X X X X Extracts X X X X X X X X Extracts X X X X ..... period of time. The stay order dated 9.4.03 and several orders dated 29.4.03, 30.4.03, 10.10.03, 7.5.04, 26.5.05, 19.9.06, 27.9.06, 6.10.06 18.12.08 of the High Court passed thereafter have been impugned in these appeals. 3. The questions which crop up in this case are of serious magnitude and transcend the immediate facts in the appeal and are of great national importance. 4. These appeals are directed against a batch of interlocutory orders passed by a learned Single Judge of Allahabad High Court in Criminal Writ Petition No. 1786/2003 pending before the learned Judge. 5. It appears that by order dated 9.4.2003, the learned Single Judge admitted the writ petition filed by Respondent Nos. 2 and 3 herein and also stayed the order dated 7.12.2002 passed by the Additional Chief Judicial Magistrate, Gautam Budh Nagar whereby direction had been given for registration of case against the said Respondents. Thereafter, the matter has been listed on various days before the High Court but the matter was getting adjourned. As on the date of filing of the SLP, the writ petition had been kept pending for six years. 6. The SLP came up for hearing before this Court on 8.1.2010. Thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... share of the total pendency. TABLE 1: TOTAL PENDENCY High Court Number of criminal cases by type % share of High Court in total number of cases (1) Murder (2) Rape (3) Kidnap ping (4) Dacoity (5) All (6) (7) Allahabad 144 100 341 68 653 28.6 Andhra Pradesh 46 8 2 4 60 2.6 Bihar 92 36 42 31 201 8.8 Bombay 14 5 4 6 29 1.3 Chhattisgarh 4 0 0 1 5 0.2 Delhi 4 5 2 0 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re pending in each High Court. TABLE 2: DURATION of PENDENCY High Court Duration for which pending Nil 6m 6m 1y 1- 2y 2- 4y 4- 6y 6- 8y 8y All (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Allahabad 1 38 126 190 158 90 17 33 653 Andhra Pradesh 0 16 16 17 11 0 0 0 60 Bihar 70 14 11 33 27 8 4 34 201 Bombay 0 1 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aryana 0 10 9 4 6 1 1 1 32 Rajasthan 0 8 8 11 22 6 0 1 56 Uttarakhand 0 7 10 9 21 20 3 1 71 All 87 176 355 515 600 369 89 89 2280 13. The category wise distribution is as follows: TABLE 3: CATEGORYWISE DISTRIBUTION Type of Case Duration for which pending (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Nil 6m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Delhi 11 12.2 Gauhati 21 17.0 Gujarat 115 13.4 J K 14 7.7 Jharkhand 41 3.5 Karnataka 22 5.0 Kerala 20 11.4 Kolkata 709 N/A Madhya Pradesh 30 3.0 Madras 3 2.3 Orissa 187 5.8 Punjab Haryana 32 8.8 Rajasthan 56 7.9 Uttarakhand 71 3.1 All 2280 6.1 18. However, the above analysis was not pursued any further, since there was no way of ascertaining which of the hearings were effective and whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of stay order. (b) Roughly 21 % of the cases have completed more than ten years. (c) Average pendency per case (counted from the date of stay order till July 26, 2010) works out to be around 7.4 years. (d) Charge-sheet was found to be the most prominent stage where the cases were stayed with almost 32% of the cases falling under this category. The next two prominent stages are found to be appearance and summons , with each comprising 19% of the total number of cases. (If appearance and summons are considered interchangeable, then they would collectively account for the maximum of stay orders. 25. Table below gives the duration for which cases have been pending since the date of the stay order: No. of years passed Number of cases Percentage of cases 0 763 7.2 1 1250 11.9 2 1272 12.1 3 1024 9.7 4-5 2003 19.0 6-7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d be undertaken to prepare the system in which all the cases instituted in the Court are listed for hearing without undue delay and some arrangement be made for monitoring of the listing and disposal of the cases. As a pilot project, the system is to be first implemented in the Allahabad High Court. 30. Thereafter, meetings were held between the officers of NIC, the Ministry of Statistics, the Allahabad High Court and the Amicus Curiae and efforts were made to develop the comprehensive system that the Court has directed. Another Report was filed by the Amicus Curiae setting out the steps taken by the Allahabad High Court, the Central Government and also certain suggestions given by Dr. G.C. Manna, Director General, Ministry of Statistics, who had been requested to visit the High Court to interact with the officials there to see how a better system of listing and tracking cases could be developed. 31. Thereafter, vide Orders dated 14.07.2011 and 17.08.2011, this Court again called for status reports from all the High Courts as to what steps had been taken specifically in the context of this case, in order to expeditiously dispose of matters where proceedings are stayed at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wherein the rights and aspirations of citizens are intertwined with expeditious conclusion of matters. It is further submitted that delay in conclusion of criminal matters signifies a restriction on the right of access to justice itself, thus amounting to a violation of the citizens' rights under the Constitution, in particular under Article 21. 36. In a very important address to the Virginia Bar Association in 1908, William H. Taft observed that one reason for delay in the lower courts is the disposition of judges to wait an undue length of time in the writing of their opinions or judgments. [See William H. Taft, The Delays of the Law, Yale Law Journal. Vo1.18. No. 1 (Nov., 1908), pp.28-39)]. The Judge should deliver the judgment immediately upon the close of the argument. It is almost of as much importance that the court of first instance should decide promptly as that it should decide right. It should be noted that everything which tends to prolong or delay litigation between individuals, or between individuals and State or Corporation, is a great advantage for that litigant who has the longer purse. The man whose rights are involved in the decision of the legal proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... freedom. Pound argued that a fourth stage had developed in society, but had not yet been fully reflected in the courts, and that was what Pound called 'social justice'. That is the ideal form of justice where the needs of the people are satisfied, apart from ensuring that they have freedom. 40. Despite complicated social realities, it is submitted that Rule of Law, independence of the judiciary and access to justice are conceptually interwoven. All the three bring to bear upon the quality of aspirations which are guaranteed under our Constitution. In order to fulfil the aspiration, it is important that the system must be a successful legal and judicial system. This would involve improvement of better techniques to manage courts more efficiently, cutting down costs and duration of proceedings and to ensure that there is no corruption in the judiciary and the establishment of the judiciary and would also require regular judicial training and updating. 41. The memorable words of Lord Devlin (as quoted by D.M. Dharmadhikari, J.) are pertinent to note: ... The prestige of the judiciary and their reputation for stark impartiality is not at the disposal of any governmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on account of lack of means, other forms of provisional release than upon financial security shall be provided. 49. The principle of 'Access to Justice or Courts' is recognized as a right in South Africa's Constitution as well: Access to Courts. 34. Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum. 50. The learned Amicus urged that having regard to the paramount importance of the right to access, the Court which he argues is a basic fundamental right specially the Central Government and the State Governments have a duty to ensure speedy disposal of cases for proper maintenance of rule of law and for sustaining peoples' faith in the judicial system. He further argued that with the present infrastructure it is not possible for Courts, whether it is District Courts or the State High Courts or this Court to effectively dispose of cases by just and fair orders within a reasonable timeframe. The learned Amicus also urged that the problem is huge and the considerations are momentous. To understand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ental and constitutional right. The learned ASG also accepted that if right to access justice is denied to the citizens then most of the rights given under the Constitution virtually become a rope of sand. The learned ASG submitted that the Government is aware of the importance of these rights and are taking several steps to make these rights vibrant. In the counter affidavit, which has been filed by the Under Secretary, Ministry of Law and Justice dated 9.1.2012 several steps which have been taken by the Government to ensure speedy justice and to reduce delay are as follows: I. Appointment of Court Managers in High Courts and Sub-ordinate Courts. II. Vision Statement and Action Plan adopted by the National Consultation for Strengthening the Judiciary towards Reducing Pendency and Delays. III. To prepare National Arrear Grid IV. National Mission for Justice Delivery and Legal Reforms. V. National and State Legal Service Authorities constituted under Legal Service Authorities Act, 1987. VI. National Court Management System (as proposed by Hon'ble Chief Justice of India). 54. The learned ASG referred to the agenda notes and the minutes of the meeting of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amendment given by Expert Groups in various Ministries/Departments with a view to coordinating and harmonizing them. v. To consider references made to it by Ministries/Departments in respect of legislation having bearing on the working of more than one Ministry/Department. vi. To suggest suitable measures for quick redressal of citizens grievances, in the field of law. B. Law and Poverty i. To examine the Law which affect the poor and carry out post-audit for socio-economic legislation. ii. To take all such measures as may be necessary to harness law and the legal process in the service of the poor. C. To keep under review the system of judicial administration to ensure that it is responsive to the reasonable demands of the times and in particular to secure: - i. Elimination of delays, speedy clearance of arrears and reduction in costs so as to secure quick and economical disposal of cases without affecting the cardinal principle that decisions should be just and fair. ii. Simplification of procedure to reduce and eliminate technicalities and devices for delay so that it operates not as an end in itself but as a means of achieving justice. iii. Improvemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommendations of the Law Commission, a brief summary of all the Reports of the Law Commission shall be made available by the Law Commission, online. 58. The learned ASG submitted that in view of Clause 'H' of the terms of reference of the 19th Law Commission, the present Law Commission can go into the question of making a proper research and a scientific and empirical study to assess the requirement of setting up additional courts and making available additional infrastructures for ensuring free access to court and speedier disposal of cases. The learned ASG submitted that the pendency of cases cannot be tackled by only setting up additional courts. Various other factors are also involved including the cooperation of the members of the Bar, the quality of legal education, policy of legislation, recruitment of quality manpower and such other issues which the Law Commission should urgently address and make recommendations on. 59. The learned ASG also submitted that having regard to the provision of Article 235 of the Constitution the control over district and subordinate courts rests with the respective High Courts in each State. In assessing the requirement of setting u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome other incidental powers. But as the last court and in exercise of this Court's power to do complete justice which includes within it the power to improve the administration of justice in public interest, this Court gives the aforesaid guidelines for sustaining common man's faith in the rule of law and the justice delivery system, both being inextricably linked. II. Certain directions are also given to the Law Commission which are as follows: a) Since the Law Commission itself is seized with the problem and is making investigation having regard to its terms of reference specially clause 'H', thereof, this Court requests the Law Commission, which is headed by a distinguished retired judge of this Court, to undertake an enquiry and submit its recommendation in relation to the following matters: I. Keeping in view that timely justice is an important facet to access to justice, the immediate measures that need to be taken by way of creation of additional courts and other allied matters (including a rational and scientific definition of arrears and delay, of which continued notice needs to be taken), to help in elimination of delays, speedy clearance of arr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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