The Sovereign Voice Issue 3 | Page 44

A MISSION - A RESPONSIBILITY TOWARDS CREATING A LOVING & CARING WORLD Justice Anil Xavier www.arbitrationindia.org Paswan from West Bengal, India, was not fortunate enough to see the murderers of his son tried for their acts. Paswan, a prime witness in his son’s case died on 29 July 2004, one day after the ‘Special Bench’ of the Kolkota High Court ruled that the case against the perpetrators in the murder of his son could proceed on the finding that “government permission is not required to prosecute Singh, now a Deputy Inspector General, as kidnapping was not among his official duties as a police officer”. It took the Indian judiciary ten years to decide a matter that any informed person would have resolved in a few minutes. There are also instances where adjudication of matters of management of minor’s estate became infructuous because the child became a major before the matter could be heard and instances where the civil right of a person was decided after his death. According to Mr. Justice M.N. Venkatachaliah, former Chief Justice of India, a matter came up before him when he was sitting as the Chief Justice, which he himself had drafted in his early years as a lawyer about 27 years back. According to recent statistics, in India, the judge population ratio is 12 - 13 judges per million. This is the lowest in the world, as compared to 135 to 150 per 10 lakh people in advanced countries. A study conducted by the Ministry of Finance re- veals that at the current rate it will take 324 years to dispose of the backlogs of cases in Indian courts. “California’s population was almost touching 38 million. In India, that’s the number of cases pending in courts across the country”. Providing this peculiar comparison was none other than the Chief Justice of India, Mr. Justice K G Balakrishnan. The denial of justice through delay is the biggest mockery of law, but in India it is not limited to mere mockery; the delay in fact kills the entire justice dispensation system of the country. The legal system is simply not equipped to handle the number of cases filed. It is often said that litigation is an unwelcome houseguest that stays for years or decades together. This has led to instances of people settling scores on their own, resulting in a growing number of criminal syndicates and mob justice at least in some parts of the country reflecting the frustration of the people in the long wait for justice they are compelled for, by our legal system. A recent study also concluded that 70 percent of the “winners” in litigation were unhappy in the end. One can safely assume that close to 100 percent of the “losers” in litigation were also unhappy. To make rule of law a reality, the arrears will have to be reduced. Speedy justice is an assurance extended TheSovereignVoice.Org