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

2. COLLAPSE OF CRIMINAL JUSTICE
The instances of murder cases have increased by 38 %
The number of Rapes have increased by %

3. CRUSHED UNDER THEIR WEIGHT
2.4 crore Cases pending
1.40 crore cases filed every year
More than 3 cases filed every second when the court is open
Property matters of hundreds of crores pending for upto three decades
Hundreds on death row waiting for final verdict for upto a decade
Life convicts serve out their sentence

4. Crushed under their weight
Tax liabilities of over a thousand crore pending in different courts
Detenues serve out the period before the most cherished value of liberty pronounced upon
Service disputes linger till past retirements
Landlord -Tenant jurisprudence acquires own economic logic and mafia

5. Red Light signal for Guardian Angel
Mental agony of litigants multiplied a thousand times
86% Rape victims refuse to support charge during Trial
BMW turns into a truck
Civil cases sort themselves out by death of parties,or relief becoming irrelevant

6. 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.

7. 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.

8. 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.

9. PRIMARY CAUSES OF DELAY
Not the law
Not the procedure
Not the paucity of judges
Sheer question of (mis)management

10. 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.

11. 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

12. JUDGE - POPULATION RATIO Malimath Committee Report Contd.
As per Justice Malimath committee –
Indian ---- Ratio 10.5 Judges per million
World ---- Ratio 50 Judges per million

13. CASES FILED IN ONE YEAR (1999)
MY VIEW
The 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
USA
93.81 Million cases
DOCKET’S PER JUDGE
987 per Judge
3235 per Judge

14. MY VIEW
Contd.
Crucial question is Judge Docket Ratio and not Judge Population Ratio
DOCKET RATIO FOR PROPER MATTERS
INDIA
525 per Judge
USA
1335 per Judge
DOCKET RATIO FOR BOTH PROPER AND MINOR MATTERS
987 per Judge
3235 per Judge

15. 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

16. 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)

17. 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

18. HIGH TECH INTEGRATED COURT COMPLEX
UNDERTRIAL JAIL
SESSIONS COURT
TRIAL COURTS
MAGISTRATE COURTS
REMAND COURTS
POLICE LOCK UP
POLICE STATION

19. THANK YOU