Speedy Trial for Administration of Justice

Abstract

As we know that while alive on this Earth conflicts arise among people and sometimes conflicts result in  profound grievances . In this situation an aggrieved party in the hope of justice, chose the path of the court proceedings. But during the Jail visits and in my Court practice, I perceived that due to many reasons  prompt justice is not administered. In such circumstances the people lose confidence in the legal system . According to my observations, without the fair and expeditious trial, apportionment of appropriate administration of justice is not possible. Delayed proceedings are one of the biggest impediments in the path of prompt justice. It causes many problems such as encouraging wrongdoers to commit crime, law abiding people suffer more, causes predicament in trial to them and rigidifies their minds and so on. In Indian law some provisions are enumerated to accomplish the aspiration of a swift legal system.  Article 21 of Indian Constitution^[1] comprises  a speedy trial as a right in the legal proceedings. Courts of law also pronounced some landmark  judgments to set an example. But due to some drawbacks in the system and corrupt persons in service its outcome is not good enough . I figured out  that the systems of some other countries are efficacious by virtue of this subject. Legislature can bring some stringent rules  in reference to  procedural and evidence laws to promote rapid proceedings, this is the approach by which the aspiration of administration of justice can be secured assuredly, so It can set a paradigm, So the criminal minded people can be discouraged to commit crime and  the torment of  guiltless persons can be lessened. It will bring  faith in the mind of the public for the law.

Introduction

It is ruled that justice should not only be done but must be seen to be done. It can be achieved by all means if it is served instantaneously to the society. Speedy justice is a primeval right which secured a place as a fundamental right  in the Indian Constitution and acknowledged worldwide. But questions arise: what is the real picture of the legal system? Whether speedy justice predominates in our system in a real sense? After court visits and jail visits I noticed there are many cases which remain pending for a long time. After preparing a report of  jail It was clarified that  under trial prisoners are in the excess of  the convicted prisoners. Once,  I went to a  Central Jail  in Punjab for Court visits. I observed in the female barracks that under trial prisoners were 64, but convicted prisoners were 27. Same thing I observed in the other two jails that  undertrial prisoners are surpassing in the comparison of convicted prisoners which is also the reason for overcrowding in the prisons. . When I communicated with some prisoners they specified that they have been in jail for a long time and cases in the court are still proceedings.  It is arbitrary according to the principles of natural justice. Slow proceedings are a threat to the spirit of justice, So it is a matter of indispensable recognition of the system.

Rise of idea of speedy trial

Concept of expeditious trial originated in  the USA, to ensure the rights of the accused and  justice for victims of crime and the sixth amendment of the constitution introduced the Right to Speedy Trial which subsequently encouraged the legislature to pass The Federal Speedy Trial Act 1974^[2] and Justice Powell outlined some guidelines in reference to this right in Baker v. Wingo. 

Issue arises due delayed proceedings

It is the purpose of law to maintain peace in the society but  due to delayed proceedings, we cannot expect the faith of common man in the legal machinery, it can cause lack of deterrence. Wrongdoer or criminal minded people will not feel any type of fear while violating the law. On the flip side, conditions of  innocent persons will be adverse. Some under trial prisoners are not criminals  actually, but Sometimes they get arrested for false charges. It causes unfair mental agony to them without any reason. It can also harden their mind like criminal minded persons which is not just from any perspective either for prisoners or society. During the longer period of court proceedings, real offenders get plenty of time to create false evidence for the selfish motive, so they can escape by the punishment. According to recent data of  National Judicial Data Grid,  almost 4.5 crore cases are pending before district courts.

Speedy Justice in other countries 

• In the U.S.A. by the 6th amendment of the US Constitution^[3] and Speedy Trial Act of 1974^[4] ensures the right to speedy trial and public trial by a jury to the parties of the case.
• In Canada, Canadian Charter of Rights and freedom, Sec 11(b)^[5]  is codified with the purpose to execute rights to the citizens for speedy trial within a reasonable time frame.
• Phillipian’s court system is considered one of the most swift justice systems. Legislature intent behind the Statutory Provisions of Republic Act 8493^[6] is that legal proceedings must be fast.
• In Europe the system of speedy justice flows from Article 6 of the European Convention on Human rights^[7].

Law and Judgements in India

In the Indian Constitution speedy trial is included in the Article 21, Right to life and liberty. In The Bhartiya Nagrik Suraksha Sanhita 2023^[8], there are sections such as Section 528 contains inherent powers of the High Court to prevent abuse of powers by any court to ensure justice  and Section 529 empowers High Court to exercise continuous surveillance over Subordinate courts to  dispose off the cases in speedy manner. In BNSS, 2023 Sections 187, 193, 346, 514 etc and chapters ⅩⅩⅡ ( summary trial) and  ⅩⅩⅢ (Plea Bargaining)  have been codified with a time frame to run the proceedings within a reasonable time period. The  Limitation  Act, 1963^[9], The Arbitration and Conciliation Act, 2019^[10][11], Protection of Children from Sexual Offences Act, 2012¹¹. are some examples of codified laws which ensure speedy disposal of cases to set an example for an efficient legal system. 

Law commission makes reports from time to time. Law Commission of India, 78th  report^[12] discussed various angles which are responsible to hinder prompt justice. The Law Commission while discussing significance to prioritize quicker justice it is suggested that disposal of cases  should be within 6 months. 

As we know that rape cases in our capital city, Delhi were very common. After the Nirbhaya case, (2012)  Justice Verma committee^[13] was formed which included eminent jurists like Justice J.S. Verma, Justice Leila Seth and  Gopal Subramanium .  Justice Verma suggested that there should be amendments in the criminal  law to promote the speedy disposal of the cases and to attain faith of Indian society in Our legal system. The Committee suggested in its report in 2013 that adjournment should be granted only after showing necessary  reasons for postponement of case otherwise it should proceed day to day. In 2018 Committee recommended that inquiry and trial in reference to rape should be concluded within 2 months. Consequently provision in criminal law  has been modified to implement recommendations of the committee.

In India some judgements are also pronounced from time to time to establish this rule in the form of Precedents. In these cases the court gave guidelines that longer conviction of those prisoners who are under trial is unfair for them and Unreasonable delays infringe on our basic human right which ensures to live life with human dignity.

A bench comprising Justices S Ravindra Bhat and Aravind Kumar in case of  Yashpal Jain v. Sushila Devi and others (2023)¹⁴   furnished 12 formulas to ensure speedy disposal of cases while expressing anguish over cases pending for more than 50 years. These following  guidelines are mandates to follow to the District courts and other prescribing authorities.

1. There should be Check upon regular implementation of the service of summons within the time frame prescribed under Order V Rule (2) of CPC and Principal District Judges shall monitor and collect data to  forward to the committee constituted by the High Court.
2. Filing of that written statement within the 30 days under Order VIII Rule 1, and if reasonable reasons shown in writing the time limit can be extended beyond 30 days under proviso to sub-Rule (1) of Order VIII of CPC.
3. In Order X and after recording the admissions and denials of the parties  the court shall recommend the parties to the suit to settle on for either mode of the settlement outside the court as specified in sub-Section (1) of Section 89 and in case ADR not being profitable to the parties, the trial would begin on the next day so fixed and trial  would proceed .
4. If parties do not choose either mode of ADR prescribed under Section 89(1)  that structure of issue  should be framed within one week in the open court so the court can determine the case.
5. Whilst arranging the date of trial learned advocates of the parties shall be consulted . Once the dates are settled , the trial should proceed according to the dates unless and until sufficient reason is shown to postpone the proceedings.
6. Courts shall maintain the diary to note down the number of cases that can be handled in a day for trial and complete the recording of evidence, so overcrowding of the cases can be avoided and  to prevent any inconvenience.
7. The advocates representing the parties may be apprised of the provisions of Order XI and Order XII so as to compress the dispute and Bar Associations and Bar Councils should conduct time to time training courses by virtue of this matter.
8. The trial courts shall act in accordance with provisions enacted under Rule 1 of Order XVII subject to proviso to Rule (2).
9. Payment of cost must be made at reasonable time and adjournment should not be granted to delay the proceedings.
10. At the conclusion of trial the oral arguments shall be heard quickly and judgment shall be announced within time specified under Order XX of CPC.
11. The trial courts shall act in accordance with provisions enacted under Rule 1 of Order XVII subject to proviso to Rule (2).
12. The data connected to the undecided cases in each court beyond 5 years shall be sent by every presiding officer to the Principal District Judge once in a month and the same shall be forwarded by the Principal District Judge  to the review committee constituted by the concerned High Courts to take appropriate actions.

A bench of the Supreme Court consisting Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra in  Ashwini Kumar Upadhyay v. UOI W.P (2023)[14]  furnished few  guidelines  to conclude the pending criminal cases in conflict with Members of Parliament and Members of Legislative Assemblies. Whilst supplying directions the Court also emphasized on establishment of  special courts so chances of  expeditious disposal of these criminal cases against sitting and former MPs/MLAs gets higher.  

Recently Initiatives taken for prompt justice

The Supreme Court Committee on Prison Reforms^[15] , which is ushered by former Supreme court judge Justice (retd) Amitava Roy in its first preliminary report pointed out that the highest rate of overloading in jails  was found in district prisons (148 per cent) subsequent to  central prisons (129 per cent) and sub-prisons (106 per cent). The Committee specified that prolonged investigation and trial is also one of the root causes of  overcrowded jails and   this  issue  can also be resolved with the application of  speedy trial.

Recently RG Kar rape and murder case shocked the whole Nation. Consequently   The West Bengal government has proposed legislation titled ‘Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024^[16]‘, which came into force on 5th September, 2024. The Act is constituted to guaranteed punishment for sexual crimes such as rape,  disclosing identity  of victims,  acid attacks etc. and  also promulgated time frame to conclude  investigation and trial of such cases. 

The e-courts Scheme^[17] is a National e-Governance project for the Information and Communication Technology  and designed by the e-Committee which is initiated by the Supreme Court under the National Policy and Action Plan for execution of Information and Communication Technology. It is established with the aim to provide online information of legal proceedings to the judiciary, participants in lawsuits, lawyers and  to facilitate Indian judiciary in  disposal of cases in a speedy manner.

The e-courts project is arranged into following three phases: –

• E-courts phase I (2011-15)- The e-court phase was placed with the purpose of providing the basic computerisation of courts and local network connectivity in the district and subordinate courts .
• E-courts phase II (2015-23) – This phase is set up with the object of making connectivity through computerized services to ensure citizen-centric e-services in the district and subordinate courts.
• E-courts phase III (2023-27)- This Phase is scheduled to provide legal justice by taking steps towards digital, online, and paperless courts by digitizing the whole court records and to make possible e-filing and e-payment by way of  e-Sewa Kendras.

On 31 day of august 2024, in  two-day National Conference of the District Judiciary^[18] conducted by the Supreme Court of India , Prime Minister Narendra Modi said that according to National Judicial Data Grid,  almost 4.5 crore cases are pending before district courts  because of less number of judges, substandard court structure, an extreme workload etc and to solve this issue, 800 crores has  been spent to improve the judicial system pertaining to phase III of e-court project (2023-2027). PM Modi further stated that technology should be put to use such as artificial intelligence, optical character recognition and to analyse pending cases. District monitoring committee consists of the District Judge, District Magistrate, and Superintendent of Police in itself. Speedy justice can be ensured by the committees if these Committees are actively working and He emphasized swift trials  peculiar to cases of offences against women. 

Approaches to deal with hurdle of slow proceedings

In India court proceedings are slow in the implementation process, to overcome this drawback we can take following effective steps:-

• There should be adequate scrutiny on the discretionary powers of the judges.
• Adjournment should be processed cautiously.
• Procedural law and evidence law should be stringent by virtue of execution.
• Larger number of judges should be appointed and vacancies of judiciary must be filled in as soon as possible.
• Production of under trial prisoners in the court within reasonable time.
• Service of summons and warrants on accused/witnesses within reasonable time .
• Special courts should be instituted to deal with specific cases.
• To settle the cases amicably and swiftly, ADR methods should be availed.
• To make the public aware with legal education.
• Deadline to dispose of the case should be legislated and should be put into service strictly. Time frame for the disposal of cases of Fast Track Court should be formulated and followed.
• Speedy trial is not specifically codified by the Legislature in any law neither in the Indian constitution nor in any other Act. So the Legislature should take initiative to enact specific provisions regarding speedy trial.
• Numbers of vacancies must be augmented to cope up with a large collection of cases.
• Utilizing technology to an extent.

Conclusion

It is said  that it will take hundreds of years to decide accumulated cases by The Indian Judiciary but this issue can be overcome to an extent by taking proper measures Otherwise it would not be a violation of  legal right but human right also. Because speedy trial has its own significant value to  protect liberty. Martin Luther rightly said that “Justice delayed is justice denied”, which emphasized on the prominence of speedy trial. Speedy justice is the right of every individual. The Central government and State  governments should enact and update such laws which can keep the spirit of justice in the Indian legal system and must arrange more schemes and programmes to enlighten the society with legal education also. The existence of long delays in court proceedings  delays in court proceedings also violate the right of liberty of a person Ultimately, it is predominant to take appropriate initiatives towards swift trial to do complete justice to the society.  

Reference(s):

[1] State of Punjab v Baldev Singh (Indian Kanoon) https://indiankanoon.org/doc/1199182/ 

[2] Kamal Kumar Arya, ‘Right to Speedy Trial and Mercy Petitions in India’ (March 2016)

https://docs.manupatra.in/newsline/articles/Upload/BA797A43-0B75-4EB2-A2D6-1DA716E0A99E.pdf 

[3] ‘Speedy trial’ (Wikipedia), https://en.wikipedia.org/wiki/Speedy_trial

[4] ‘Speedy trial’ (Wikipedia)  https://en.wikipedia.org/wiki/Speedy_trial

[5] Speedy trial’ (Wikipedia) https://en.wikipedia.org/wiki/Speedy_trial

[6] ‘Speedy trial’ (Wikipedia) https://en.wikipedia.org/wiki/Speedy_trial

[7] Speedy trial’ (Wikipedia) https://en.wikipedia.org/wiki/Speedy_trial

[8] ‘Bharatiya Nagarik Suraksha Sanhita’ (Live Law)

https://www.livelaw.in/pdf_upload/bharatiya-nagarik-suraksha-sanhita-511325.pdf

[9] THE LIMITATION ACT, 1963 ACT NO. 36 OF 1963,

https://www.indiacode.nic.in/bitstream/123456789/1565/5/A1963-36.pdf

[10] THE ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2019 NO. 33 OF 2019, available at

https://legalaffairs.gov.in/sites/default/files/arbitration-and-conciliation%28amendment%29-act-2019.pdf

[11] THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012  https://www.indiacode.nic.in/bitstream/123456789/2079/1/AA2012-32.pdf

[12] SEVENTY-EIGHTH REPORT ON CONGESTION OF UNDER-TRIAL PRISONERS IN JAILS, (FEBRUARY, 1979) https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022080559-2.pdf

[13] Justice Verma Committee Report on Amendments to Criminal Law’ (SPUWAC) https://spuwac.in/pdf/jsvermacommittereport.pdf

[14] Supreme Court Issues Guidelines to High Courts to Monitor Early Disposal of Cases Against MPs/MLAs’ (Live Law, https://www.livelaw.in/top-stories/supreme-court-issues-guidelines-to-high-courts-to-monitor-early-disposal-of-case s-against-mpsmlas-241970

[15] Speedy Trial an Effective Tool to Tackle Overcrowding in Jails: SC Panel on Prison Reforms’ (The Indian Express, ) https://indianexpress.com/article/india/speedy-trial-effective-tool-overcrowding-jails-sc-panel-prison-reforms-89180 70/

[16] West Bengal Govt Tables Anti-Rape Bill in State Assembly, Proposes Time-Bound Trial & Death Penalty for Those

Guilty of Rape’ (Live Law),  https://www.livelaw.in/top-stories/west-bengal-govt-tables-anti-rape-bill-in-state-assembly-proposes-time-bound-tri al-death-penalty-for-those-guilty-of-rape-268474

[17] Overview of e-Courts Project’ (e-Committee, Supreme Court of India) https://ecommitteesci.gov.in/project/brief-overview-of-e-courts-project/ 

[18] ‘PM Modi Inaugurates National Conference of District Judiciary, Says Speedy Justice Necessary in Crimes Against

Women’ (Live Law),  https://www.livelaw.in/top-stories/pm-modi-inaugurates-national-conference-of-district-judiciary-says-speedy-justic e-necessary-in-crimes-against-women-268224