JUSTICE DELAYED IN INDIA By K.T.S.Tulsi Senior Advocate Supreme Court Bar Association August 24, 2004.

JUSTICE DELAYED IN INDIA

ByK.T.S.Tulsi

Senior Advocate

Supreme Court Bar Association

August 24, 2004

COLLAPSE OF CRIMINAL JUSTICE

27,297

7,952

37,671

14,846

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

1986 1996

MurdersRapes

The instances of murder cases have increased by 38 % The number of Rapes have increased by 86.69 %

CRUSHED UNDER THEIR WEIGHT

2.4 crore Cases pending1.40 crore cases filed every yearMore than 3 cases filed every second when the court is openProperty matters of hundreds of crores pending for upto three decadesHundreds on death row waiting for final verdict for upto a decadeLife convicts serve out their sentence

Crushed under their weight

Tax liabilities of over a thousand crore pending in different courtsDetenues serve out the period before the most cherished value of liberty pronounced uponService disputes linger till past retirementsLandlord -Tenant jurisprudence acquires own economic logic and mafia

Red Light signal for Guardian Angel

Mental agony of litigants multiplied a thousand times86% Rape victims refuse to support charge during TrialBMW turns into a truckCivil cases sort themselves out by death of parties,or relief becoming irrelevant

CONSEQUENCES OF DELAY

1961 – Conviction Rate is 20 % of persons convicted out of those arrested.

1998 – Conviction Rate is 6.4 % Murder in India occurs every 13 minutes –

106 murders in every 24 hrs - If all accused are arrested, 100 out of 106 will be acquitted.

37 rapes in 24 hrs – If all rapists are arrested, 35 out of 37 will be acquitted.

CONSEQUENCES OF DELAY Ctd.

Law ceases have a deterrent effect, Crime becomes a high profit, low risk business, Corruption gallops and enters all fields from top

to bottom: - Food adulteration—Vegetables,pulses,milk—crossed

danger levels Pharmaceutical adulteration Piracy in films, Music, Automobiles parts and branded

goods jumps to 9,000 crores (1.8 Billion USD) Size of counterfeit industry swells to 46,600 crores (9.3

Billion USD) and threatens economy

Counterfeit currency, share certificates, stamp papers – reach new height (50,000 crores)

Recruitment scandals galore Education, health, judiciary, police, reek of

corruption, etc.

CHALLENGES

If such delay is not arrested democracy itself will be threatened

Primary obligation of state: - to protect lives and property – not performed Punish guilty and protect the innocent – not

discharged Rule of law loses efficacy - mafia takes over as

settler of disputes.

PRIMARY CAUSES OF DELAY

Not the law

Not the procedure

Not the paucity of judges

Sheer question of (mis)management

MALIMATH COMMITTEE REPORT

Right of Silence be abridged – preponderance of probabilities instead of beyond reasonable doubt.

Justice to Victims – legal representatives to be impleaded – Hearing to victim’s advocate – Right to produce evidence and argue at bail, etc.

Victim Compensation Fund. Separate criminal divisions in the Supreme

Court and the High Courts.

MALIMATH COMMITTEE REPORT Contd.

Investigation: - Separate wing Mindset Training in advance technology

National security commission: - Crime data Specialised squads Control over investigation wing Compulsory registration of crime Video recording of the statements of witnesses,

confessions and dying declarations Mobile forensic units

As per Justice Malimath committee –

Indian ---- Ratio 10.5 Judges per million

World ---- Ratio 50 Judges per million

JUDGE - POPULATION RATIO

Malimath Committee Report Contd.

MY VIEWThe crucial question is the Judge - Docket Ratio

and not Judge - Population Ratio

CASES FILED IN ONE YEAR (1999)

INDIA

13.6 Million (1,36,68,073) cases

USA93.81 Million cases

DOCKET’S PER JUDGE

987 per Judge 3235 per Judge

MY VIEWMY VIEW Contd.Contd.

Crucial question is Judge Docket Ratio and not Judge Population Ratio

DOCKET RATIO FOR PROPER MATTERS

INDIA525 per Judge

USA1335 per Judge

987 per Judge 3235 per Judge

DOCKET RATIO FOR BOTH PROPER AND MINOR MATTERS

CAUSES OF DELAY Long cause list

Half the time spent on adjournments Average two years for supply of documents Average six hearings for service of summons No “sessions” trials for Sessions Court Adjournments lead to slackness of I.O.’s,

prosecutors, defence counsel and witnesses Uncertainty for all including experts Results in overall decline in discipline

SOLUTIONS AND SUGGESTIONS

Lord Justice Auld analysis:

Criminal Justice Board (3)Fixed penalty notices (12)Single IT System (111)Criminal Court design guide (111)Sentencing discounts – Earlier the plea

higher the discount (13)

MANAGEMENT IDEAS Dedicated bail court Dedicated summons Court Centralised registry Only ripe cases listed before sessions court - not more than five

in a day – 2 for charge and 2 for evidence – time for spill over Once session trial begins it must be heard day to day till

concluded Non-availability of witnesses or counsel – no ground for

adjournment Pursuit of perfection has led to over all collapse of the system Courts’ objective - no one can guarantee complete Justice –

the system must work

UNDERTRIAL JAIL

UNDERTRIAL JAIL

SESSIONS COURT

TRIAL COURTS

TRIAL COURTS

TRIAL COURTS

MAGISTRATE COURTS

REMAND COURTS

POLICE LOCK UP

POLICE STATION

HIGH TECH INTEGRATED COURT COMPLEX

THANK YOU