Is it possible to reduce the delay in courts?

       We very often discuss about the delay in justice delivery. Its a serious issue as everybody agrees. What happens is that if people do not repose confidence in judiciary that they will get justice by approaching courts, then, they will approach anti social elements and adopt illegal ways to make their point. Thus, straight away, the negative feelings of people about the judiciary, will lead to increase in crime rate or illegal activities. Thus, if judiciary collapses, then, the entire system collapses and we will see lawlessness in the society. It is happening now and many do not repose confidence in judiciary and they will cite delay and corruption as they assume, as reasons for not reposing confidence on courts.

      We will very often refer two sayings like "Justice delayed is nothing but justice denied" and "Justice hurried is nothing but justice buried". Its true that there needs to be a balance between rendering justice without delay and doing true justice to the parties.

       We all show the vacancies, fewer courts, lack of infrastructure, corruption etc. for the delay in justice delivery.

       Now, assuming that we have sufficient number of courts, judges and infrastructure, is it possible to reduce the delay in rendering justice? is the question.

       I would say that even assuming that we get all the things referred above, it is very very difficult to reduce the delay in rendering justice. Because, law is great and it is most of the times well made. For example, we see the consequences of section 151 of C.P.C. If there is no provision dealing with a particular aspect or for granting some relief, then, in the interest of justice, the courts can invoke section 151 and it is all in the process of achieving overall objective of doing good to the litigants. What we see in courts is that, the people who has a very bad case, starts filing application after application in a suit seeking recovery of money. For every application, the court will order notice, it is to be served on other side, both parties to be heard and judgment follows. Even after the judgment in a simple interim application in a suit, the party can file an appeal and if it is non-appeallable case, he can file a Civil Revision Petition or a petition under article 227 of constitution of India. Even if there is no provision for filing an application under the law like C.P.C, he will resort to section 151 and one can file number of applications under section 151. It is the same under any substantive law. There is a provision under Tamil Nadu Rent Control Law which says that every order passed by the Rent Controller  is appealable. Using this "every order", some may prefer appeal even against the order in an application seeking adjournment.  Thus, even if we assume that we have every other thing like the courts, the judges and the infrastructure, unless, we bring in some other important reforms, it is very very difficult to reduce the delay in justice delivery.

         The Judicial Officers should be truly competent and they should not be driven by Seniority of the advocates and other things and they should only see the facts and the law and all unnecessary applications are to be dismissed at the inception itself. Again, as the apex court recently said, the appellate forum should not loosely interfere with the judgments of the lower forum unless there is a patent error.

          We could not reduce the delay in justice delivery and even our ADR failed. Even an Arbitration Claim is being dragged on for years and the Arbitrators are clueless as to how to conclude the proceeding and it is happening practically.

           Apart from courts, judges and infrastructure for reducing the delay in justice delivery, what we need is:

           a) the judicial officers should be truly qualified and quality should not be comprised in appointments;

           b) quality in legal profession to be improved and we should not see an inefficient advocate who could not defend his case;

           c)  the appellate forum should not interfere with the interim orders passed by the lower forum ordinarily.

Thus, reducing the delay in justice delivery is a very complicated issue to deal with and it can happen only with the proper planning and implementation. It will not happen in a short time even if we take all the steps immediately and it will take considerable time, however, it is to be corrected as otherwise, the system will collapse.

Note: I request the readers to post their views as to how to reduce the delay in getting justice.