Editorial
The SC initiative to clear case backlogs welcomed
Beyond case management, cooperation of lawyers and clients imperative
IT is a measure of a hands-on approach of Chief Justice ABM Khairul Haque to the long-standing agenda of disposing of a huge pile of cases pending with the High Court. Of the 3.13 lakh civil, criminal, writ and original cases, the high judiciary is taking up one lakh criminal cases involving quashing and bail for a fast-track disposal.
What promises to inject new dynamism in case management is a number of special measures. CJ has assigned two HC benches for a quick disposal of cases of 2010 for quashing criminal charges, seven other HC criminal benches will deal with anticipatory bail cases dating back to 1997 and finally eight other HC benches are to dispose of a large number of criminal cases for obtaining bail.
While the CJ's emphasis on improved case management and optimisation of capacity utilisation is commendable we cannot help point out some of the findings of the HC's scrutiny of the pending cases having been catapulted on to a delayed trajectory. For instance, accused and their lawyers coming to HC for bail or quashing of criminal charges on getting immediate relief start betraying lack of interest in completing the process. They seek stays of proceedings and extension of dates of appearances in what turns out to be a dilly-dallying strategy with pecuniary considerations getting the better of an intent for quick resolution.
There is, however, a more serious ramification to it as repeated stays can make it difficult for the complainant in the case to muster and sustain evidence and get hold of witnesses thereby weakening the prosecution. Whatever merit the cases had started out with might be eroded down the road.
Thus it is just not a case of justice delayed is justice denied falling through the cracks of the system but also one of being miscarried wholly through unhelpful work culture and ethic.
The bottom line, therefore, is that it is neither an increase in the number of benches nor greater capacity building through appointment of judges that can ensure any radical difference in the situation, what is vital is a change of attitude on the part of the legal community and their clientele.
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