Justice Delayed; Justice Denied : But Who Cares ?

Are we having sufficient number of judges required to provide easy access and  timely delivery  of justice to all ?...


CHANDIGARH:   What more could she wait ! She waited for more than 23 years and breathed her last on Tuesday ,December 12 ,to appeal in the court of Almighty with no hope of  getting justice  from the courts of the earth. Amar Kaur, a 102-year-old  woman , ultimately died without seeing justice being done. Kaur’s son Vinod Kumar , a son-in-law Ashok Kumar and their driver Mukhtiyar Singh were abducted in 1994. Punjab DGP, Sumedh Singh Saini, the then SSP Ludhiana in 1994 , is alleged  one of the accused in this case.On the directions of Punjab and Haryana high court ,CBI lodged an FIR on April 18,1994  and a challan  was filed by CBI in 2000. Under the charges of abduction , wrongful confinement and criminal conspiracy , the court framed the charges in 2007. In between , Amar Kaur  battling for justice since long , got paralysed  under the pressure of mental agony , but  always used to appear in the court even on the wheel chair.

Was Amar Kaur the lone person to die without getting jusice ? Figures displayed on web site of National Judicial Data Grid ,as on December 15,2017 , show that 11.74 lakh senior citizens are battling for the justice in the Indian courts. Out of total  2.60 crore cases pending in the Indian courts , 64.73 lakh (25% of the total cases)  are pending for more than 5 years. Over ten years the figure also comes to a high tune of  22.78 lakh (8.75% ). Would these 11.74 lakh senior citizens  also breath their last like Amar Kaur in the unending wait for justice ? Ram Kumar Sunia , a retiree of a regional rural bank, waiting for the pension case decision since 2012 from supreme court of India , says, “God is the last hope.”

Jugal Kishore Shukla , a Retired Gramin Bank Officer from Raipur , says, “ 1.34 lakh All India  Gramin Bank  employees are fighting with the Govt. of India for more than 24 years for pension alike Nationalized Banks , which is our right as per NIT Award -1990. Even two high courts have favoured us ,but the Govt. of India has filed an SLP(C) 39288/2012 in 2012 , where till today  more than 15 adjournments have been granted , despite it’s a known fact to SCI/Govt.of India /NHRC that waiting pension alike Nationalized Banks  almost 3000 Retirees have died just because economically it is not possible to live a life with a paltry pension amount of Rs.1000 to Rs. 2500 per month.”

Why the justice is delayed ?

Citizen charter for department of justice declares its vision and mission very clearly. Vision  states , “Facilitating administration of justice that ensures  easy access and timely delivery of justice to all.”

And mission claims , “ Ensuring adequacy of courts and judges.”

Are we having sufficient number of judges required to provide easy access and  timely delivery  of justice to all ? Department of justice itself gives its reply. Portal of the department , declaring the strength of judges in Supreme court and 24 High courts as on December 01, 2017, shows that there are 392 vacancies of judges in the different high courts  against the approved strength of 1079. The supreme court is also having 6 vacant seats of judges out of total 31 sanctioned posts.  How the courts , with 36% vacant seats of judges , will cope with the Everest size of pending court cases ?


Besides  the vacancies of judges , there is reportedly  one more major cause of delay in justice –the unending adjournments.The defendant advocates generally use this tool to linger on  the case. This can only  be curbed by the judiciary by allowing the adjournment judiciously.

The supreme court of India (SCI) on Thursday directed that 12 special courts to be set up to exclusively deal with  the cases involving the politicians and should start functioning from March 1st next year. The SCI should also consider the establishment of special courts to decide the pending cases related to  11.74 lakh senior citizens waiting to see the  ray of  justice within their life span.

The government should not only fill up the vacancies , but also make an extra arrangement of judges and courts to clear the backlog of pendency , so that no other Amar Kaur , in future,  breath her last without  getting justice.

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