Really ? Visit a trial court for a week and then understand the situation yourself. There are a plethora of the reasons for the delay. While the government is the biggest culprit, the advocates add to the misery of the litigations. Not to mention their lobby and ever apparent collusion to ruin the life of litigants.
On the administrative side, please understand the governments barely invest in the infrastructure. If there is no typist in the court, the entire court comes to a halt for the day ! The civil bench clerk goes on leave, the civil matters get adjourned. The situation is different for criminal matters. In fact, for the criminal matters, things come to a stand still for many reasons. The court PC is absent and PPs are reluctant to take up cases. If the PP is absent, there is none to help the witness and brief him about the dates mentioned in the chargesheet.
If the staff is present, the advocates take up numerous adjournments saying the documents are ready but not signed by the parties. If you impose costs or dismiss matters , be ready to submerged under complaints.
I remember visiting a trial court and the advocate seeking time in a 2015 money recovery suit. Can you guess the amount involved ? 1 lakh.
I can go on but let the government and advocates show some empathy. The things would then change forever.
I can write but the agony of the litigants is best understood when you visit the trial courts. The nonchalance of the advocates and the government is marked and loathsome. Those with muscle and financial power manage to strike a settlement out of the court. It is the financially backward who get sandwiched between the judiciary (which has no machinery to complete a suit in five years) and the advocates who do their best to protract the proceedings by misleading the court with a number of petitions and utterly misleading pleadings.
The police too render no support in prosecution. The PPs are absent and no criminal matter is heard during the day. I remember visiting a district court once and the pitiable judge had to find excuses to adjourn matters as there was neither a typist nor a stenographer to take evidence. There were about fifty people present in the court and the matters could barely move further. He spent the half the time doing the call work. This is a concept you would understand only if you visit a trial court.
You need to see the kind of support staff the judges get. Courts which require a strength of 20 people atleast work with a strength of ten people and the advocates and the government have to take the maximum blame. I remember the judge asking the advocate to commence trial and the advocate refusing to do since it is 2021 matter and there are other matters pending. You put your foot down and insist on the commencement of trial, be prepared to face malicious attacks from the bar and a barrage of anonymous complaints.
If I get time over the weekend, I can explain the problems faced in criminal and civil matters in detail. Of course, criminal would encompass NI Act cases and domestic violence cases, cases under the EC Act, POCSO Act, SC and ST Act, NDPS Act and many such uncountable legislations.
On the administrative side, please understand the governments barely invest in the infrastructure. If there is no typist in the court, the entire court comes to a halt for the day ! The civil bench clerk goes on leave, the civil matters get adjourned. The situation is different for criminal matters. In fact, for the criminal matters, things come to a stand still for many reasons. The court PC is absent and PPs are reluctant to take up cases. If the PP is absent, there is none to help the witness and brief him about the dates mentioned in the chargesheet.
If the staff is present, the advocates take up numerous adjournments saying the documents are ready but not signed by the parties. If you impose costs or dismiss matters , be ready to submerged under complaints.
I remember visiting a trial court and the advocate seeking time in a 2015 money recovery suit. Can you guess the amount involved ? 1 lakh.
I can go on but let the government and advocates show some empathy. The things would then change forever.
The police too render no support in prosecution. The PPs are absent and no criminal matter is heard during the day. I remember visiting a district court once and the pitiable judge had to find excuses to adjourn matters as there was neither a typist nor a stenographer to take evidence. There were about fifty people present in the court and the matters could barely move further. He spent the half the time doing the call work. This is a concept you would understand only if you visit a trial court.
You need to see the kind of support staff the judges get. Courts which require a strength of 20 people atleast work with a strength of ten people and the advocates and the government have to take the maximum blame. I remember the judge asking the advocate to commence trial and the advocate refusing to do since it is 2021 matter and there are other matters pending. You put your foot down and insist on the commencement of trial, be prepared to face malicious attacks from the bar and a barrage of anonymous complaints.
If I get time over the weekend, I can explain the problems faced in criminal and civil matters in detail. Of course, criminal would encompass NI Act cases and domestic violence cases, cases under the EC Act, POCSO Act, SC and ST Act, NDPS Act and many such uncountable legislations.
I am from. Maharashtra. Hello from my side.
Corporate lawyers and students, please refrain from commenting here.
Regards