“It’s really a matter of Concern that cases are piling up despite various measures being taken up by the government to ensure that the cases are disposed off at the earliest”
Mohd Irfan
Figure of Five crores cases pending across the different courts of the country is not a small figure rather befuddling and baffling it to be that despite remedial measures being invoked by the ruling government still we found that the cases are piling up. Question is but why? Whether crime increased to a greater extent since past several years the time when this government taken over the reigns of power? Whether there are delay in implementing the very sanctity of the laws which has been formulated in the books by the parliament? Rather there are several genuine reasons for the same which are wholly and solely responsible for the cases are piling up.
Both the Cases as that of Civil and criminal are piling up and the litigants are suffering immensely on account of delay in administration of Justice. As there is a popular saying Justice delayed is Justice denied but Alas! That famous proverbial is seemingly lost its very sheen as a result of which litigants are facing insurmountable hardships as their cases are not being disposed at the earliest and they are moving from pillar to post in terms of procuring Justice but to no avail.
“Even across the Union territory of the Jammu and Kashmir ruling government under the aegis of District legal services Authority ( DLSA) is doing a commendable Job as they are leaving no stone unturned to ensure that the cases which are unnecessary being delayed they be settled at the earliest for which Even in the year 2021 several cases have been disposed of and also in the year 2022 National Lok adalat and District lok adalat cases of different nature have been settled by the judicial officers by their efforts”.
It is out of place to mention here in that even the government in Jammu and kashmir opened fast track courts like in different states fast track courts opened adding, in order to provide Justice at the earliest means and in these fast track courts victims have to be given Justice in a time bound manner meaning thereby that fast courts have to ensure that the speedy trial takes place in the cases which is rather fundamental right of the individual under article 21 of the Indian Constitution. Legal experts who dealt the cases of victims in fast track court ruled that it’s just a name of Fast track courts we would say as still in these courts there are taking lot of time in administration of Justice to the Victims.
It is pertinent to mention here in that under the Civil Procedure code ( CPC) there is particular section 89 which dealt under Mediation and conciliation proceedings whereby respective civil courts vested with the powers to remand the Civil matters to the Mediation if there is a possibility of settlement of the cases and if after doing conciliation nothing fruitful result came out of the same better we say conciliation eludes then again the matter sent to the court for proper adjudication. Honble courts required to enforce this Section 89 of the CPC and used it’s efforts to settle the disputes between the parties at the earliest.
Alternative dispute resolution ( ADR) is a very process in the law where several cases being settled by the efforts of courts whereby it looks to the courts that there are chances of settlement of cases as such they referred the cases to the ADR which is considered to be an innovative step.
One of the prominent Jurist says, “Justice not to be done but seems to be done” . Now, need to analysis that the very saying of the Jurist in question have considerable weight in his saying because if the Justice is delayed then the very purpose of knocking the doors would be frustrated. Given the unprecedented increase in the piling up of the cases across UTs and the different states of the country it sounds bit perplexed as to why there takes place several years in disposing of the cases. Rather there are several factors which are responsible for the delay in the disposal of the cases due to which litigants have to face mental agony coupled with mental trauma. Now, the moot question is that how much time will the litigants have to face delay in administration of Justice. In several cases of civil nature in particular we found that litigants died but there cases not being settled then their legal representatives brought on record to proceed the cases further as such it takes times to take the cases to logical conclusion for which there is need to dwelt upon several factors which helps the Judiciary to disposed of the matters in a time bound manner.
