Home Essay/Articles SHORT ESSAY : Delayed Justice: Denied Justice
SHORT ESSAY : Delayed Justice: Denied Justice
Wednesday, 17 July 2013 04:04

Delayed Justice: Denied Justice

Many Chief Justices, Judges of the Supreme Court, the High Courts, The Law Ministers, the Law Commission, the media, the great writers and thinkers have all lamented over the delay in the dispensation of justice. The inordinate delay in the provision of relief amounts to the virtual denial of any relief found in number of cases.

If a case of accidental compensation is decided after ten years when the career of the children is already spoiled for want of money, if a case of property is decided after the death of the plaintiff, what is the value of use of such a decision? Seen in the real or practical sense the courts or the government or the procedures are the real culprits for the sufferings of the plaintiff. Instead of saying that delayed justice is denied justice, we should say Delayed Justice in the INJUSTICE.

Millions of cases are pending in the various courts, Tribunals and commissions for disposal. None can predict about the minimum or maximum time for disposal of any kind of cases by the courts, whether it is a civil case or criminal case or case of claims of compensation for victim of road accidents, train accident or accident at a work place. Consumers are battling for justice for the wrongs done to them, by any manufacturer or a Public Utility Service, like Electricity Board or Railways or a hospital.

The cases of under trials who have been languishing in jail for years together, waiting for trial. An analysis of prisoner’s population as on June 30, 2002 showed that 304813 persons were in jail, throughout the country. Out of these approximately 75% were under trials. Most of the under trials spend a longer time in prison than the conviction would warrant. Is it the Justice? “Slow progress of cases in courts and operation of the system of bail to the disadvantage of the poor and illiterate prisoners are responsible for the pathetic plight of these forgotten souls, who continue to suffer all the hardships of incarceration although their guilt is yet to be established.” , says Justice Anand. Recently the National Human Rights Commission (NHRC), expressed its gave concern over the under trial prisoners and suggested regular holding of special courts in jails and their monitoring by the Chief justice/ Senior Judges of High Courts. The Commission has ground that many under trials are languishing in jails even after being granted bail because they are unable to raise sureties. Mr. Justice A.S. Anand had suggested that these cases be reviewed to consider their suitability for release on personal bonds, especially in cases when they are the first offenders and the punishment is also less than two the three years.

None can be blamed for such state of affairs, where the litigant feels he or she is not getting justice in time. There has been a long demand over the desirability of quicker dispensation of justice and dealing with the arrears of cases pending in various courts. Several tangible solutions were tried and implemented over a period of time, to reduce or lessen the pendency in the courts. To lessen the burden of ordinary courts different types of courts like consumer courts, the administrative Tribunals, family courts, Lok Adalats and fast track Courts have been set up in recent years.

Though with the setting up of these courts, a number of cases have since been disposed off but still million of cases are pending in various Courts even as on date.

The litany of woes caused by delay in the administration of justice is disastrous. A layman does not want to understand anything or any reason for the delay in administration of justice, he just wants and understands that he has the right to get the justice and that is too within reasonable time. An aggrieved, if doesn’t get the justice within reasonable time, then all his sufferings and hardships because of such delay, is like a punishment inflicted on him for no fault of his own.

Delayed justice is the biggest cause of prevalent corruption in the country. Many political leaders are enjoying the chairs of Ministers while a number of cases are pending against them. Are our courts not their accomplice? Why such cases which effect the governance of the country be taken at the most priority basis? Why all the harmless in finalization of such case be removed and the lame excuses taken by such politicians for delaying the cases be taken into account? It is unimaginable that how much loss our nation be suffering from ethical and moral point of view at least, because of the delay in disposing of the cases. Innocent person is the worst effected unfortunate, who has to take shelter of the courts for getting justice, which he can never calculate as to when than so called justice be finally arriving. None can compute his worries and the frustrations. Such sufferings and hardships made him to conclude that Delayed Justice is Denied Justice.