Express News Service
NEW DELHI: Stressing the need to change the image of the judiciary which is based on the classical movie phrase, “tareekh pe tareekh”, CJI DY Chandrachud on Friday urged the court establishments to identify and target disposing of oldest cases in the next few months.
Speaking at the inauguration of the Andhra Pradesh Judicial Academy, CJI said, “As we think about the access of justice, we need to change the image of the judiciary which is based on the classical movie phrase, “tareekh pe tareekh”. A starting point can be for all of us in each court establishment, be it high court or district court to identify the oldest case and the number of cases in the 10-year period after that and target the oldest cases in the next few months.”
“I request all of you to instrumentalise information and technology tools to monitor the pendency and disposal of cases. If we use simple tools which are now available you will find that we will be able to do justice and revolutionize the image of the judiciary in India.”
Terming district courts as the backbone judiciary and the first judicial institutions for interaction by many, he also said that people must get rid of the colonial mindset of referring to and treating district courts as the subordinate judiciary in hierarchy and in practice.
ALSO READ | SC disposes of 6,844 cases since Chandrachud took over as CJI
Underscoring the reasons for the delay in the disposal of cases by referring to the data available at the National Judicial Data Grid, the CJI further said reasons for delay are not attributable to judges and this is what we need to understand and portray across society.
“Across the country, almost 14 lakh cases have been delayed for some kind of record or document is being awaited which is beyond the control of the court. Similarly, 63 lakh cases have been considered to be delayed as per NGDG data due to the non-availability of counsel. We really need the support of the bar to ensure that our courts are functioning at optimum capacity. I must also note that our current data is based on inputs from the court so it is possible that the number of cases which are delayed due to these reasons is much higher or much lower as we have not received full data from all the courts,” he added. The judge further said that to enable court establishment to monitor the progress justice clocks will be established in every court establishment.
Coining the rule of bail but not jail as one of the most fundamental rules of the criminal justice system, the CJI said that in practice the number of undertrials languishing in prisons in India reflects a paradoxical situation. He also said that deprivation of liberty, even for a single day is a day too many.
“While speaking in the state which has a history of legendary lawyers pursuing the cause of civil rights, I would be remiss if I did not share a few thoughts on one of the potent criticisms that have been levelled against the judiciary. It’s a track record in upholding the constitutional principles of personal liberty. The often cited rule is bail but not jail is one of the most fundamental rules of the criminal justice system. Yet in practice the number of undertrials languishing in prisons in India reflects a paradoxical situation, deprivation of liberty, even for a single day is a day too many,” he said.
CJI further said that the provisions of bail must not be meaningless and mechanical. Laying emphasis on the brooding sense of fear amongst the courts of the first instance with regards to the manner in which the grant of bail will be perceived, CJI while terming such fear as purely irrational said that he has called upon Chief Justices to ensure that the practice is done away with.
“There have been multiple cases where trial court judges have been pulled up for grant of bail in certain High Courts. The performance of judges has been analyzed on the basis of their conviction rate. At the chief justices’ conference, I have specifically called upon the chief justices to ensure that such practices are done away with,” he said. Additionally, he also urged the judicial officers who have limitations in mingling freely in society to focus on the situation in the outside world and also have a sense of emotional stability while discharging their functions.
NEW DELHI: Stressing the need to change the image of the judiciary which is based on the classical movie phrase, “tareekh pe tareekh”, CJI DY Chandrachud on Friday urged the court establishments to identify and target disposing of oldest cases in the next few months.
Speaking at the inauguration of the Andhra Pradesh Judicial Academy, CJI said, “As we think about the access of justice, we need to change the image of the judiciary which is based on the classical movie phrase, “tareekh pe tareekh”. A starting point can be for all of us in each court establishment, be it high court or district court to identify the oldest case and the number of cases in the 10-year period after that and target the oldest cases in the next few months.”
“I request all of you to instrumentalise information and technology tools to monitor the pendency and disposal of cases. If we use simple tools which are now available you will find that we will be able to do justice and revolutionize the image of the judiciary in India.”
Terming district courts as the backbone judiciary and the first judicial institutions for interaction by many, he also said that people must get rid of the colonial mindset of referring to and treating district courts as the subordinate judiciary in hierarchy and in practice.
ALSO READ | SC disposes of 6,844 cases since Chandrachud took over as CJI
Underscoring the reasons for the delay in the disposal of cases by referring to the data available at the National Judicial Data Grid, the CJI further said reasons for delay are not attributable to judges and this is what we need to understand and portray across society.
“Across the country, almost 14 lakh cases have been delayed for some kind of record or document is being awaited which is beyond the control of the court. Similarly, 63 lakh cases have been considered to be delayed as per NGDG data due to the non-availability of counsel. We really need the support of the bar to ensure that our courts are functioning at optimum capacity. I must also note that our current data is based on inputs from the court so it is possible that the number of cases which are delayed due to these reasons is much higher or much lower as we have not received full data from all the courts,” he added. The judge further said that to enable court establishment to monitor the progress justice clocks will be established in every court establishment.
Coining the rule of bail but not jail as one of the most fundamental rules of the criminal justice system, the CJI said that in practice the number of undertrials languishing in prisons in India reflects a paradoxical situation. He also said that deprivation of liberty, even for a single day is a day too many.
“While speaking in the state which has a history of legendary lawyers pursuing the cause of civil rights, I would be remiss if I did not share a few thoughts on one of the potent criticisms that have been levelled against the judiciary. It’s a track record in upholding the constitutional principles of personal liberty. The often cited rule is bail but not jail is one of the most fundamental rules of the criminal justice system. Yet in practice the number of undertrials languishing in prisons in India reflects a paradoxical situation, deprivation of liberty, even for a single day is a day too many,” he said.
CJI further said that the provisions of bail must not be meaningless and mechanical. Laying emphasis on the brooding sense of fear amongst the courts of the first instance with regards to the manner in which the grant of bail will be perceived, CJI while terming such fear as purely irrational said that he has called upon Chief Justices to ensure that the practice is done away with.
“There have been multiple cases where trial court judges have been pulled up for grant of bail in certain High Courts. The performance of judges has been analyzed on the basis of their conviction rate. At the chief justices’ conference, I have specifically called upon the chief justices to ensure that such practices are done away with,” he said. Additionally, he also urged the judicial officers who have limitations in mingling freely in society to focus on the situation in the outside world and also have a sense of emotional stability while discharging their functions.
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