•  •  Dark Mode

Your Interests & Preferences

I am a...

law firm lawyer
in-house company lawyer
litigation lawyer
law student
aspiring student

Website Look & Feel

 •  •  Dark Mode
Blog Layout

Save preferences

Judicial awakening- Better late than never

At a time when Indian Judiciary is suffused of all round criticism for long pendency of cases and tardy and dilatory justice delivery system, it is indeed relieving to learn that at long last a solemn beginning has been made by the Apex Court in this regard by coming to the brass tacks in a realistic manner.


It is not that judiciary was oblivious to this gigantic problem and no efforts were ever made to address the issue, however, all those efforts made so far were basically of didactic nature directed to exhort lower judiciary only to take appropriate measures to expedite the disposal of cases.  The steps suggested included holding Lok Adalats, resorting to the merit of plea barging, assigning due priority to old cases by hearing cases in a time bound manner.  But never did it strike to Hon’ble Supreme Court where actually did lie the trouble and who is the actual culprit of this malaise?


It is for the first time that the Apex Court has caught the bull by the horns when it realized – though belatedly that by and large it is the High Courts, which are responsible for the enormity of pending cases in lower courts and their rank indifferences, callousness in expeditious disposal of cases.  The Apex Court has severely debunked the practice of High Courts in granting “STAYS” in criminal cases in a cavalier manner on a drop of hat which caused delay in disposal of cases and allowed criminals to gad about freely in the society as a freeman.  This adversely affects the psyche of the law abiding citizens and erodes their faith in the system of justice obtaining in our country.


But it s merely the tip of the colossal iceberg of judicial delinquency.  If a thorough analysis is made in a dispassionate and rational manner, many skeletons would come out of the cupboard to reveal the vast extent of hubris that has virtually immured our High Court judges.  Instances are not scarce when the High Court judges pay no heed ot the specific directions of the Supreme Court for early disposal of certain cases and disappoint the Petitioners by passing over the matter to the almighty altar of the REGISTRY to put them up in due course.  The poor Petitioners are left high and dry and cannot even affor4d to approach the Hon’ble Apex Court to highlight their plight and the ignominious fate meted out to directions passed by the Apex Court.  There is no mechanism for Hon’ble Apex Court to monitor the proceedings in such cases at least for the statistical purposes if not for judicial purposes.  The malaise is deep rooted and needs to be thoroughly probed then only the pious intention of Hon’ble Apex Court towards this noble cause would result into plausible action otherwise it would be yet another addition to the well known vanityof Indian Judiciary.



No comments yet: share your views