Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
60000
50000
40000 30000 20000 20000 55000
10000
0
2000
2010
Supreme Court
4,200,000 2,800,000
2010
30,000,000 25,000,000
20,000,000
15,000,000 10,000,000 5,000,000 0 2000 Sub Courts
5
28,000,000 20,000,000
2010
Increase of Pendency from 2000 to 2010 Supreme Court High Courts Sub Courts 148% 53% 36%
Reasons for Increase : 1. Increase in institution of fresh cases 2. Inadequate number of judges and vacancies 3. Inadequate physical infrastructure and staff 4. Frequent adjournments
60
50 40 30 20 10 0
55 40 42
19 17 2.7 1.8 1.7 2.8 Supreme Court (Thousands) Pending (Year start) High Courts(Lakhs) Fresh filings Sub Courts(Crores) Pending(Year end)
Resolved
53 29
31
Madras
Supreme Court
Sanctioned
8
Current
India has approximately 11 judges for every million people US has 110 per million in the United States. Indias Justice Ministry last year called for an increase of 50 judges per million people by 2013. But it is unclear how the government would pay for such a massive overhaul.
9
Chronology of Events 02.01.1975 LN Mishra killed in bomb attack 09.01.1975 Case handed over to CBI 01.11.1975 Chargesheet filed 27 year old advocate cited as accused is now 64 years old Has already suffered a heart attack 39 defence witnesses cited 31 have died 22 judges have heard the case so far The person killed was Prominent Union Minister Two decades ago, SC directed day to day trial A clear indication of our badly clogged judicial system
10
The wheels of Indian justice grind slowly, but there are times when they dont move at all
o o o
Bengali Royal Familys Property in Old Bengal Pending for 175 years . Property belonged to Raja Rajkrishna Deb, a 17th-century landlord of Bengals Shovabazar royal family The stakes are high some seven mansions in north Kolkata, nearly 100,000 acres of land in what is now Bangladesh, large tracts of land in at least three districts of West Bengal, and half of erstwhile Sutanati, one of the three villages that make up modern Kolkata. Litigation started in 1833 Still running successfully in Calcutta High Court
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1.5
2.6 L 1 0.5 0 1.2 L
Undertrials
Prisoners
12
Convicts
92,000 under-trial prisoners released Charged only under petty offences Sentence adjusted with period already undergone UP alone released 29,009 UT Prisoners
13
850 Rural courts to be set up in India Villagers get justice at their door steps Covers a jurisdiction of 67 village panchayats Also mobile courts to reduce pendencies Will reduce the difficulty of villagers in reaching courts in towns
14
Lok Adalats
Alternative Dispute Resolution Peoples Court Deals with civil cases & compoundable criminal cases Presided over by retired judges No Court fees, No strict procedures Pending cases are transferred and disposed off 15 Consent of both parties
15,000 Trial court judges & 700 High Court Judges to be appointed on ad-hoc basis From a pool of retired judges and senior advocates Appointment for a limited period to clear backlog These courts will work in 3 shifts Aim to bring average pendency of case from 15 years to 3 years
16
Justice seekers wait day after day, Month after month, year after year Even decade is passed but In course of justice they don't hear. Sometimes they pass away without getting the justice. Such delays lack faith In system amongst the public. Maggu's land was captured In an act of atrocity And his cow was stolen From his own vicinity.
17 With good efforts of police
But died before order of justice To return it, was graced. Maggu filed an other suit Demanding for compensation; His land dispute was already Pending under litigation. Finally justice prevailed He got verdict in his favour Compensation and his land Years he waited with fervor. But by the time justice given Old Maggu was dead This is how legal maxim Justice delayed is justice denied.
18