Who delays justice?
Nobody will disagree with the President when she said, “Time has come when we need to seriously introspect whether our judicial machinery has lived up to its expectations of walking the enlightened way by securing complete justice to all and standing out as a beacon of truth, faith and hope”. But nobody, except her Govt and supporters, will agree with her for putting entire blame on the judiciary when she said, “Admittedly, the realm of judicial administration is not without its own share of inadequacies and blemishes”. On the other hand, everybody will agree with CJI when he said that the root of the malaise lay in the government deficit.
It is agreed that both the Bar and the Bench would be required to address the problem of congestion in courts. But the President, as Head of the state, should also include Govt in her observations, or else it will send wrong signals within and outside the courts.
CJI is right in his observations when he blamed the Govt saying that it was more responsible for the overloading of courts. Lack of proper and good governance largely contributes to the number of cases in subordinate courts where 90% of the total arrears are pending. He said that the government is a litigant in more than 50% of the cases. The lethargic and outmoded investigation carried out by the police coupled with weak prosecution contribute immensely to delay in dispensation of justice.
Let us take the case of Mohd Afzal who masterminded attack on Indian Parliament. Highest court of the country has sentenced him to death. Now his mercy appeal is pending before the President. People of India and family members of those jawans who sacrificed their lives to save the Parliament and politicians present inside are waiting for the justice. Who is delaying or denying the justice to them, the judiciary or the Govt and the President?