The Wait for Justice in Litigation
Wait for justice in India can be
agonisingly long as the first tier of the country’s justice administration
system, district courts, is burdened with over 30 million pending cases and
this number is increasing. More than two thirds of the pending suits are
criminal cases, showing a lack of effective prosecution and early disposal.
Large number of pendency of criminal
cases are worrisome for two reasons. Firstly, it denies the access to justice
to a large number of victims of crime. Secondly, because of slow progress of
the criminal cases, a large number of undertrial prisoners continue to languish
in jails, sometimes, they end up spending more time in jail as undertrials than
the prescribed term of imprisonment for the crime they have been accused of committing.
In September 2018, just before taking
the charge, Chief Justice of India, Ranjan Gogoi had expressed concern over the
huge pendency of court cases while addressing a group of young lawyers.
“Two things are troubling me. One is
the pendency of cases. It is bringing a lot of disrepute to the judicial
system. The problem has the potential of making the system itself irrelevant,”
Mr. Gogoi had said.
In June 2018, Dipak Mishra, then Chief
Justice of India, had also expressed concerns over the huge pendency of the
case.
“Efforts must be made to ensure that at
least the overall disposal matches with the overall institution of cases,”
Dipak Mishra had written to chief justices of all high courts in the country
while expressing his concern over the increasing pendency.
Chief Justice of India SA Bobde also recently
said that there is the possibility of developing a system of Artificial
Intelligence for the courts with the purpose of ensuring that undue delay is
prevented in delivery of justice.
Justice Bobde also pitched for
pre-litigation mediation against the backdrop of a large number of pending
cases in courts, observing that it is the need of the hour.
It was important for courts to ensure
that there is no undue delay in delivery of justice, the CJI said, addressing
the 19th biennial state level conference of judicial officers, after
inaugurating it here.
"We must employ every talent we
have, every skill we possess to ensure that the justice is received within
reasonable time. Delay in justice cannot be a reason for anybody to take law
into their own hands.
In such a situation, it becomes
extremely important for those indulging in litigation to hire a capable law
firm to handle their cases.
The law firm should be adept in civil
and criminal litigation. It must be experienced with corporate matters,
commercial cases, Constitutional matters, capital markets, banking and finance,
bankruptcy, debt recovery, execution, property, IPR, competition, consumer,
insurance, medico legal, labour and employment, cyber laws, security laws,
torts, white collar crimes, negotiable instruments act, prize chits and money
circulation schemes (banning) act, prevention of money laundering act, foreign
exchange management act and cyber crimes.
Also, the firm should be pan India, so
that cases in different courts and tribunals across the country can be managed
swiftly.
IndiaLaw LLP is a leading law firm
across India, which provides a one stop legal service in Mumbai, Delhi Chennai,
Kolkata, Bengaluru, Hyderabad, Cochin, Ahmedabad and Pune. For more details click the following links
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