ARRMS

CITIZEN’S APPEAL ENSURING EXPEDITIOUS AND TIMELY JUSTICE TO ALL

1. Abhishek Kumar 2. Mayank Garg 3. Raghav Aggarwal 4. Rishabh Tripathi 5. Shivam Mittal

TEAM MEMBERS:

JSS Academy Of Technical Education, Noida

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TEAM: THE ARRMS

Our Judiciary Is Blind For A Victim And A Seat Of Immunity For A Culprit From Where He Goes Scot Free To Commit More Crimes.

Too Much Harassment And Too Little Justice

Pending from

previous month

A

Registered during month

B

Disposed off during

month

C

Disposed off matters

pertaining to previous

months, but updated this

month

D

Pending at the end of

month

A+B-(C+D)

Admission matters

40279 7263 8921 183 38438

Regular hearing matters

29167 1100 727 14 29526

Total 69446 8363 9648 197 67964

The monthly statement of pending cases in SUPREME COURT as on July 2013

Out of 67964 pending matters as on 31/7/13, 23965 matters are upto one year old and thus arrears (i.e. cases pending more than a year) are only of 43999 matters as on 31/7/13.

Table No. 1:

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Aggrieved party files Writ Petition

Court requests responses from the Respondents (Department/ Government)

Department receives affidavit and section staff prepare Para-wise remarks

Para-wise remarks are sent to Government Pleader (GP) for examination

Para-wise remarks received from GP

Section staff of Department prepare Counter Affidavit (CA) in a prescribed

format and sent to GP for filing in Court

GP files CA in the Court/ Administrative Tribunal

Court hearing of the case

Adjournment(s) of the case, if any

Final hearing and judgement of the case with judgement copy sent to all

Department decision

Appeal against the decision in higher court/ authority

Implement the decision by

passing necessary orders

Interim orders, if any

Initiation process

Administration process

Judicial process

FLOW DIAGRAM OF LEGAL CASE IN INDIA

Simple And

Concise, Isn’t It?

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Crime List Total (states) Total (UTs) Total No. Of Cases

Murder 33838 596 34434

Attempt to Murder

34618 520 35138

Rape 24157 766 24923

Kidnapping & Abduction

43492 4100 47592

Dacoity 4270 44 4314

Robbery 26649 694 27343

Dowry Death 8092 141 8233

Riots 74341 292 74633

Arson 11697 139 11836

Incidence and Rate of VIOLENT CRIMES during 2012

Present Critical Situation Of India

The Judicial System Of A Country Is A Supreme Authority To Provide Relief To Aggrieved And Punish The Guilty. However, Does This Really Happen In General?

Most people fear that they have no protectors in their polity, bureaucracy, police and even judiciary.

Condition is even worst in rural areas where victim prefer to compromise with situations rather to go to police or courts.

According to a report of the Indian government as on 2003, more than 3.2 crore cases were pending in High courts and subordinate courts.

Table No. 2:

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How Healthy Is Indian Judiciary System?

CORRUPTION IN JUDICIARY IS RAMPANT AS ELSEWHERE

• The judicial system is no less corrupt than any other institution of the government. The media is also unwilling to talk about it because of the FEAR OF CONTEMPT.

• The Supreme Court has also compounded the matter by removing judges even from the ambit of criminal investigation. Thus, the judiciary has become highly self protective and taken the form of a closed and opaque box.

GOVERNMENT AND JUDICIARY NOT SERIOUS ABOUT JUDICIAL REFORMS

• Successive law commissions appear to have devoted considerable time in analysing the reasons behind the miserable condition of the system, rather than showing seriousness about making it easily accessible to the poor or on the issue of judicial accountability – both very crucial.

• Neither government nor judiciary has shown seriousness towards what the law commissions’ recommend.

Recent corruption cases such as the 2G scam, the CWG scam, the cash-for-vote scam, Adarsh Society Scam, etc. have not only focused the spotlight on the conduct of politicians and public dignitaries but also on the shortcomings in the Indian judiciary’s functioning.

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Categorisation Of Courts

BASIS OF CATEGORISATION

• Courts must be categorized on the basis of different crimes.

• A court should be divided into different sections where hearing of only a particular type of criminal/civil cases will be held.

• Separate court sections for rape cases, murder cases. Similarly, a court section for robbery, dacoity, scam cases and so on, grouped in different sections.

ADVANTAGES OVER EXISTING

SYSTEM

• In present system, a single court handles each and every case which results in overburden and old cases never get a chance.

• Implementing this, each section of court will handle only particular type of cases. Moreover, in absence of new cases, old cases will be handled.

Analyzing the data of Table No. 2, majority of cases are of rapes, murders, kidnapping, riots. Thus, courts can be divided on basis of these crimes and a common court for crimes like Dowry Death, Dacoity and Arson which constitute minor part of on going criminal/civil cases.

In case of a crime case registered under different section of Indian Penal Code (IPC), the case can be handled in a court having minimum no. of cases running at that time.

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Flexible Court Timings

Extension in the timing of courts has become a necessity. Increasing number of cases day by day and a huge backlog has become a drastic problem in Indian Judiciary.

When senior executives in a private firm can work over time, reach home late and forego holidays, why can’t our judiciary do the same to clear the backlog and handle the cases more efficiently. It is in the nation’s interest only.

Increase the number of public hours/day by two (to handle more cases) – [considering present annual useful working days as 200 with 8 hr./day working days] = saving of 2 hours/day No. of working days saved/year = (2*200)/8 = 50 days (a) Cut the summer vacations by (in the interest of the nation) = 30 days (b)

• Make every Saturday half or 2 Saturdays working every month No. of working days saved/year = 26 days (c) Total working days saved/year (a+b+c) = 106 days say 100 Improving efficiency and discipline by the lawyers and clients = by 20% Thus, EXTRA CASES DISPOSED/YEAR = (200+100)*1.2/200 = 1.8 times

Impact of Proposed Solution

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Reforming Judicial System

Missing of files and evidences from the custody is a major problem.

Thus, Separate inventory recording every piece of document and evidence in a highly secured area in court should be made with all security equipments.

This inventory should be controlled by a group of specialized trained officers and in any circumstance, they would be responsible for any loss/ damage to the evidences.

Legal apparatus & infrastructure have failed to keep pace with rising population, changing societal structure technological advancements. System of administration appears totally out of pace.

Computerisation should be done to cut down files, hard copies, innumerous redundant papers, manual notings and recordings and to avoid missing files and important documents.

Creating an Inventory

Creating Database

Step Up With The Technology

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Small Steps Yet Great Milestones

Some Small Measures And Steps Can Make Our Judiciary Much More Efficient And Faster Than Ever

• Some time-frame must be prescribed for recording evidences (arguments and counter arguments). The practice of asking for dates and the same being granted by the courts should be checked.

• The judicial system itself is to blame for having framed long drawn procedures.

• A separate committee should be made for the complaints of people regarding matters related to any court, their lawyer or even the judge.

• Judiciary must need a series of reforms ranging from appointing of judges, to instituting a transparent and non-partisan structure of inquiry free from legislative and judicial interference, to punishing corrupt judges.

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Challenges And Risks

Flexibility In Timings

• Convincing the lawyers for extending the timings of court is a considerable problem.

• In 2003, Karnataka High Court has notified revised working hours for all subordinate courts in state.

• New timings were 10 am to 1:30 pm and 2:30 pm to 5:30 pm, on which lawyers showed negative response.

Setting Up Of Categorized Courts

• Huge funding is required to create different section in courts and setup.

• Lack of judges for the proposed solution.

Huge System, Less People

• There is a need of appointing more judges for the smooth functioning of the system.

Risks

Unavailability of the

funding from the

government.

Lawyers and officers

may not agree to the

fact of increasing

timings.

Corrupt judges are

not liable to the public

questioning which

affects the judiciary

adversely.

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References

www.Supremecourtofindia.nic.in

www.Indiacode.nic.in

www.Doj.gov.in

Indian Penal Code, 1860

The Times Of India

Shaping India of our dreams, K.C.Agrawal published by Knowledge Book Inc.

Positive lessons in administration, Rakesh K. Mittal

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