The Supreme Court of India.
Credit: PTI Photo
New Delhi: The Supreme Court has ordered for fast-tracking trials in civil cases pending for five years or more across the country, saying a swift and efficient judiciary is a cornerstone of democracy, a bulwark against tyranny, and the guarantor of individual liberty.
A bench of Justices S Ravindra Bhat and Aravind Kumar said that when millions of consumers of justice file their cases by knocking at the doors of the courts of first instance, they expect speedy justice.
The apex court noted that it is imperative to note that about six per cent of the population in India is affected by litigation. In such a scenario, the courts would play an important role in the life of a nation governed by rule of law.
“The voices of the oppressed, the rights of the marginalised, the claims of the aggrieved—all are rendered hollow when justice is deferred. Every pending case represents a soul in limbo, waiting for closure and vindication,” the bench said.
The bench stressed that it was crucial to understand that the wheels of justice must not merely turn, they must turn without friction, without bringing it to a grinding halt due to unwarranted delay.
For these reasons, the system itself is being ridiculed not only by the litigant public but also by the general public, and sadly, the concept of justice delayed is justice denied is not a mere truism, but an irrefutable truth, the bench said.
The top court issued a slew of directions for the civil court judges to unfailingly comply with the procedural timelines laid down under the Civil Procedure Code (CPC), on summons, written statements and framing of issues, among others.
The court said that the trial should proceed accordingly to the extent possible, on a day-to-day basis. The apex court asked the chief justices of all high courts to constantly monitor the progress in such trials.
“The edifice of our democracy depends on a judiciary that dispenses justice not as an afterthought but as a paramount mission. We must adapt, we must reform, and we must ensure that justice is not a mirage but a tangible reality for all,” Justice Kumar wrote on behalf of the bench while hearing a 41-year-old civil case.
Emphasising on streamlining procedures, bolstering infrastructure, investing in technology, and empowering judiciary to meet the demands of our time, the bench cited the National Judicial Data Grid (NJDG), which revealed that there are 11.1 million civil cases pending across the courts in the country with 22 per cent of these cases being at least five years old.
“The time for procrastination is long past, for justice cannot be a casualty of bureaucratic inefficiency. We must act now, for the hour is late, and the call for justice is unwavering. Let us, as guardians of the law, restore the faith of our citizens in the promise of a just and equitable society,” the bench said.
He said in the halls of justice, let not the echoes of delay and pendency drown out the clarion call of reform and the time is now, and justice waits for no one.
The court was considering the case from Uttarakhand, where parties were groping in the dark and litigating as to who should be brought on record as legal representative of the sole plaintiff Urmila Devi. In its judgment on October 20, the bench said this is a classic case and a mirror to the fact that litigant public may become disillusioned with judicial processes due to inordinate delay in the legal proceedings, not reaching its logical end, and moving at a snail’s pace due to dilatory tactics adopted by one or the other party.