Delay in trial

Ideal and utopian.

Dear Suresh Sahab

please mention your opinion for solution of these problems

Sir,

I am trying to answer the question - may be not practical but not impossible. May be a dream but a real reality. How many hours a judge in DC/HC/SC is working sir. How many hours a Magistarte and a Munsiff (Civil) is working on the dias. Pendency is high - but several judges are enjoying the show - some are sleeping - some are simply argueing with advocates and cleints. Some are moody in some days - some have no idea about criminal law, some not conversent with civil - With due respect I amy say that the entire Judicial system first of all has to be realligned.

Prosecuting agency to be free from investigating agency.

Police - O god they won't improve - still judicary can can work on them.

Answers and solutions

In the light of the Delhi rape incident we have think of the verious delay aspects in the process of law in Indian system.
1] Investigation: time bound investigation in all cases especially in rape
2] Submission of Charge (Final report) before the Court: 90 days to be reduced to 30 days in rape cases
3] Adjournments by the court for years: above will reduce the adjournments
4] Long recording of evidence in hand with out adopting new methods: Videography is to be adopted and copied in hard disk there after
5] The number of witnesses is considered the perfection of investigation by superior police officers - hence the long list of witnesses to exam:

It is not the number but the quality is important. Pick and choose the witnesses by prosecution with liberty to exam the givenup witnesses in defence with permission of the court - not as matter of right.
6] Prosecutor is only a rubber stamp of investigating agency. A free and fair prosecutor to appear fro the State to keep equilibrium position between justice and crime.:

Independent prosecution wing not related to Home and Vigilance or revenue departments. Under the HC an independent wing.
7] Appeal and its delay (Victim has no role and if there is any role the  Advocacy in Higher courts are expensive to an ordinary victim):

Victim in criminal case is a defactio complainant but stste is dejure complaianant - Defacto has got the rights of dejure.
8] SLP in Supreme Court and its delay (Victim has no role and if there is any role the  Advocacy in Higher courts are expensive to an ordinary victim) ; The cost of litigancy is high -
9] Supreme court and its delay(Victim has no role and if there is any role the  Advocacy in Higher courts are expensive to an ordinary victim): SC has to change the style by giving benches to all States so that an ordeinary fellow from kerala can move before the SC - now it is being done by somne agencies.
10] Wash off the attitude that the protest is against the administration only - NO it is against the system that includes the Judiciary also. Judiciary is acting as a seprate body without any public responsibilites and duties to state in broad sense. That attitude to be changed - that is possible from the SC inner corners.
11] People can even agitate and control the Government machinery to a limited extent - But who will bell the judiciary?
12] Government may consider the peoples feelings but the  judiciary is not? Why?  Judicary must answerable to the people in large but not  directly. The law must be for good to the society- may be so - but the legislation took place ina period which is not at all like the present one. That change in climate must follow by the judiciary. Mechanical outfits of law givers not expected in the dias.
13] The work load of judges? the working hours of Judges? Increse the number of courts for prelimibary stage argument/hg to decide whether there is a case with prima facies allegations and to decide whether the charge is groundless. No question of legal arguement on the validity of the Proseution sanction. No stay in rape cases.

14] Lack of courts and staff: More to be establishes and appointed.
15] Tactics to delay the cases: strict measures to stop adjournments at any cost and reasons.
16] Reasonable delay will follow the honesty - but inordinate delay spoil the case: The delays about 80% are man made - other delays can be thgere in the system - but man made like head ache, fever, medical cerificate from pvt doctors, case in another court, not prepared, etc are to be barred by circular. .

kcsnayar@gmail.com

Why they don't work from 9 to 5 like all humans do?

In states like Kerala the HC is at Kochi in the cntre Kerala - now an agitation started from years back to start one in Thiruvanathapuram the capital city of kerala. But HC not ready - why?

Delhi is far norytj to kerala - an ordinary litiogent cannot reach there -  So all States can be ameneded Sir - but one in south Indian State, one in north Indian State.

If the Maharashtra can have Nagpur bench of Bombay HC why can't Kerala like states

There must be an earnest attempt to help the people in giving justice.

Justice must be cheap should not be expensivein a country where 70 to 75% people are villagers witth a minumum bare income for existance.. 

Police is neatly avoided in this discussion becaquse they won't change their style so long a police for people is not defined in In India.

Respected Sirs,

With great respect to everybody, in our judicial system, the welfare of victim is less than those who are attached to get the victim delivered justice i.e. lawyers and even judges. Everybody talks about that justice should be done fast, justice delay is justice denied in words only, whenever at the time of delivering of justice, it is the accused/convicted person who remains in profit for dragging the proceeding in every sphere whether it is the jail sentence or monetary terms. Everybody talks about the workload in the court, but nobody wants to curb this workload by sentencing/fining the persons properly who are responsible for this workload ie. defaulters. On the other hand defaulters remain in profit even after conviction or cases decided against them. Take the example of cases u/s 138 N I Act, for example : 1. it was held by High court of Bombay, in a case named Shri Prakash Sevantilal Vora V/s The State of Maharashtra and Ors Decided On: 12.01.2011 that There is a tendency on the part of the accused to protract the trial as much as possible…..  2. It was held by our Hon’ble Supreme Court’s  three judge bench in a case named Damodar S. Prabhu vs. Sayed Babalal H. (03.05.2010 - SC) at para 4 that So much so, that at present a disproportionately large number of cases involving the dishonour of cheques is choking our criminal justice system, especially at the level of Magistrates' Courts. And at para 13, it was held that If the accused is willing to settle or compromise by way of compounding of the offence at a later stage of litigation, it is generally indicative of some merit in the complainant's case.

Even after this bail is granted to accused again and again by our courts in the name of liberty of a person, knowing very well that he is misutilising the bail and he does not want to get the case decided because he knows whenever the case is decided, it will be against him. If he is innocent, he should fight the case on merit in stead of dragging it and should get free himself as early as possible. Right of bail of accused being bailalbe offence only once, not every time causing not only hardship to judiciary, but also police. The police arrested an accused and he is set free on bail again and again by our courts by imposing a very less amount of fine, thus giving him incentive to get his bail forfeited without any fear and frustration to police also, should police arrest a while collor person again and again only to get him set free on bail by the court. Why an accused is set free on bail second time without depositing at least the face value of cheque+ 18% interest p.a. in the name of liberty of an dishonest person (judicial notice should be taken by his behaviour of dragging the proceeding) who does not want to contest his case on merit, but drags the proceedings causing a great hardship to victim and jeopardize national economy by not paying the amount on time.

Even if an accused is convicted, by applying the provision of probationary offender act, he is set free being the first offence, there is no proper record of judiciary of the persons who were set free earlier on probation, here again the convicted/accused has a last laugh because judiciary in stead of applying Hedyon’s mischief rule, apply probation act which has not amended after 1958. It was held by Hon’ble Punjab and Haryana court in a case named Satbir Singh vs. State of Haryana and others (16.01.2012 - PHHC) at para 31 that  If the Release Act cannot keep pace with the amending legislation to the Indian Penal Code, the Courts have to play an active role to curb the mischief.

Sometimes judiciary left free a convicted person being a lady, some time being of an old age person, some time on the excuse of that convicted person is the only person who is earning livelihood of his family, the minor’s are not punished. After all and above, the President has power to give mercy. So for whom to be sent to jail even after conviction, misplaced sympathy on convicted person by judiciary, dragging the proceeding with the help of our learned lawyers on many excuses in the name of justice, actually causing injustice to victims and society.

Now my immediate suggestion is, for saving the at least from choking the criminal judicial system, in the case of u/s 138 N I Act, the second time  bail to accused without depositing the due amount on cheque should be allowed in rarest of rare cases, it will not only reduce the work load on judiciary and police, but will give timely justice to victims.

Accused delays trial? It is nothing but travesty of justice.

Respected members of lawyersclubindia,

let me know whether you agree to my suggestion or not.

@ Madhu mittal..

I am not on the same page Madhu, since i am myself being accused in 3 criminal cases.. and all the cases are registered by the some big shots using their influences and approaches in police department.

Even in one case which is registered u/sec 420 r/w 34IPC.. there is simply written by the Investigating officer that the complainant does not have any supporting evidence or representative.. we have reached sessions court for time bond to finish off the case in a limited time period of 1 month, but the so called hon'ble sessions judge dismissed it.. quoting that there are such 11000 cases pending with the relavant court and this case is no unique case to be executed within a speculated time limit, and for high court neithrt i had funds to pay the advocate nor was he sure of the result from high court.. hence it is years of the case registered and 2 years of i am out on bail.. i have to travel 1800kms every month to show the magistrate that i have not absconded since he is not interested in allowing exemption neither is he charging frames to run the trail.. the trail will take merely 5 dates to end. Everyone is planning for the relief of the so called victims.. at the initial stage it should be established that the so called victim is actually a victim or not.. if police is paid up to their desire they can engros any person in any such case of their choice and the courts are ran on the chargesheet made by the police peoples... being an accused i am totally fedup with the police and judiciary system.., if you plan to improve the judiciary you have to improve the police machinery,, because the cases and trials are conducted on the reports prepared by the police officials.

Police officials are habituated of beating accused persons, torturing them ane even they get blank papers signed from the accused persons while in police custody and threaten the accused to not to disclose their crime to anyone.. now even if the accused brave heartly inform the magistrate about the offence police commit .. the magistrate say's that there need to be a witness of this and only version of accused while in PC cannot be believed.. so please tell me that who could be a witness of this heinous crime of police officials.. such an excuse is rediculous of magistrate.. Police to police courts are all corrupt.. they only have to blv and act according to whoever pay them.

So it my advice Madhu and suresh that if you want to bring justice either to the victims or to the accused you need to correct the uniformed criminals.. yes the uniformed criminals has got licence to do their mann marji and no court are taking any strict actions against them.. even suresh yiou have started this thread and yoiu have kept the police part untouched,WHY >? If the truth is brought at the initial inquiry stage most of the police cases will be closed at that stage only.. because it is some officials who are taking bribes and planting false witness and evidences. and then the police court magistrate are like deaf and dumb.. now even if an accuse get bail and some how come out of the custody everyone does not have so much of money and time to fight for every issue to till the higher courts. Magistrates are only intrested in running the trial of the cases where there is a recovery or if they think that chances of conviction are higher in false cases even magistrate are also intentionally prolonging the matter.. or if accused are filing discharge petitiions the prosecutors are taking months and months for their say on the application. rediculuos.

So if you really want the system be perfect then dont only see it as a victim.. is it neccesary to see it as an accused also.. because in most of the police cases accused persons are actually victims and actual victims pay the officials to get rid of the hassles.

Respected sir samar gargji,

I want to say the same thing what you want to tell, that is that an innocent person/accused should be set free and accused/defaulters should be convicted and sentence  as soon as possible and no one should be allowed to drag the proceedings in the name of justice, causing injustice in true sense. I am much concerned with the case u/s 138 N I Act and in those case, the role of police is limited upto the service of summon and to execute arrest warrant. You did not write in what type of case, you are involved.

@ hon'ble madhu mittalji

1) I have 2 cases u/sec 406 IPC and one in 420r/w 34IPC 

and persuing your earlier post i could only see that according to the citations given by you and what people assume of an accused person is that it is accused only who wants to delay the trial.. but point is that it is more important to establish that an accused person is actually accused or not... as since i dont have any knowledge about cheque bounce cases i dont know the procedure followed, but there are other numerous criminal cases pending in the courts where if the proper CR.P.C is followed the FIR was not even subjected to registered.

Lower court magistrates are following their own moral Cr.p.c and they have only learnt to deny the BA/ discharge notices etc.. if the same is allowed from the higher courts or if a convict is aquitted from a case in which he was convicted by magistrate does it mean that magistrate and judges have practicesd different Cr.p.c or they have read different books of law? if there is some merit in a BA or acquittal case and being allowed from the higher court judges why dont the magistrates observe the same?

Agar system banane aur chalane waale hi corrupt hain to koi is system ko kaise sudharega?