The Indian judicial system is plagued with delays, a problem that is summarized
by the Hindi/Urdu phrase "tareekh pe tareekh," meaning "date after date" in
English. This phrase holds significant meaning and impact on court cases in
India, reflecting a chronic issue of the legal process. In order to fully
understand the implications and importance of "tareekh pe tareekh", let's
further delve into this topic.
Repeated deferrals of court proceedings, hearings, or judgments have led to the
popular phrase "tareekh pe tareekh" becoming a potent symbol of the protracted
delays in the Indian legal system. This phrase effectively highlights the
incessant postponements that inevitably lead to frustrating and drawn-out legal
proceedings.
Litigants face a problem with accessing justice, as adjournments occur
excessively and can lead to cases dragging on for years. This places heavy
financial burdens on those involved and goes against the essential principle of
prompt justice for citizens. The phrase "tareekh pe tareekh" implies that such
delays occur often and greatly hinder access to justice.
Indian courts face a grave issue with an abundance of cases that has led to
several 'tareekh pe tareekh'. This backlog is due to several aspects, such as
insufficient judges, intricate legal procedures, inadequate numbers of public
prosecutors, poor infrastructure in lower courts e.g., in one courts xerox
machine was found to be out of order leading to non-service of relevant copy of
documents to the defence side and subsequent delay in trial, and understaffed
courts. A radical reformation is essential to resolve this issue.
India's lower courts are grappling with numerous obstacles that impair their
ability to efficiently administer justice, with several challenges demanding
immediate attention. Long delays plague these courts, caused by a substantial
backlog of cases. This backlog is the outcome of insufficient judges and support
staff, as well as elaborate legal proceedings. The sheer number of cases has
swamped the courts, making it difficult for them to provide prompt resolutions,
thereby eroding public confidence in the legal system.
The detrimental impact of vacant positions is clear as it compounds the issue of
case backlogs and further exacerbates the already delayed justice system.
Filling the vacancies of qualified judges is crucial. This is essential in
addressing the dire shortage of judicial officers in lower courts, which hampers
the courts' ability to hear and dispose of cases in a timely manner. Many
positions remain unfilled, and it has become increasingly detrimental.
Insufficient infrastructure and outdated legal procedures present considerable
obstacles to lower courts. A large proportion of these courts lack essential
items like cutting-edge technology, courtrooms, and legal resources. Even though
modernizing legal proceedings and accelerating case resolution could be a
possible solution, implementing these changes is hindered by the scarcity of
infrastructure and resources. Resolving these structural and procedural issues
is significant in improving the effectiveness of lower courts in India and
ensuring that justice is accessible to all citizens. Altogether, this scenario
requires immediate attention.
The pressing need for judicial reform and modernization in the Indian legal
system has sparked discussions and debates through the repeated use of the
phrase "Reform and Modernization". Attention has been drawn to the resolution of
case backlog and the prolonged delays in court proceedings that require prompt
escalation.
Conversations about streamlining court procedures, adopting technology, and
increasing the number of judges have been sparked by the phrase "tareekh pe
tareekh," which emphasizes the need for greater efficiency and accountability in
the judicial process. The phrase highlights the pressing demand for quicker case
resolution.
The Indian legal system's existing challenges have come into the spotlight,
thanks to the phrase "Public Awareness." This has spurred legal professionals
and citizens alike to clamour for increased transparency and efficiency within
the court system.
Indian judiciary's efficiency has been focused on by legal reforms, with their
policies pushing to reduce delays, caused by "tareekh pe tareekh," and tackle
the systemic issues leading to backlogs.
"Tareekh pe tareekh" holds a significant meaning as it highlights a fundamental
problem that lies within the Indian judicial system. This phrase emphasizes the
pressing need for enhancement and effectiveness in order to guarantee that
equitable legal solutions and prompt justice are provided to every resident in
the country. India is putting forth ongoing attempts to manage these obstacles
and streamline the legal procedures to overcome the conundrum of "tareekh pe
tareekh.
Court Judgment
"Lawyers must stop seeking repeated adjournments; we cannot have the Supreme
Court functioning like a 'tareekh pe tareekh' court," exclaimed Justice DY
Chandrachud on September 9th, 2022. The judge expressed strong disapproval
alongside Justice Hima Kohli, when a lawyer requested more time to discuss a
matter and stated they had circulated a letter for adjournment.
To avoid earning the reputation of a 'tareekh pe tareekh' court, it is crucial
that the matter at hand be argued. However, we may choose to delay it by placing
it last on the board's agenda. Our stance is clear: we will not adjourn the
matter.
Recalling the famous dialogue from the Bollywood flick 'Damini', where actor
Sunny Deol speaks out against adjournments and fresh dates during court
hearings, Justice Chandrachud emphasized the importance of dignity attached to
the highest court of the land. The lawyer, representing a Hindu priest in a
civil appeal, was urged to keep this in mind.
The bench in the Supreme Court observed that the only thing the counsel for
different parties agree on is an adjournment, making it their only shared trait.
Conclusion
Hence, there is an urgent need to prepare the blueprint of a model court with
adequate number of officers and supporting staff along with matching presence of
equipment and infrastructure and implement this model throughout the country to
combat the menace of 'tareekh pe tareekh'. The public prosecutors and the
defence lawyers need to be educated in this regard. Proper co-ordination is also
required between the judiciary and the executive for filling up the vacancies
and releasing the resources required for upgrading the court infrastructure
particularly at the sub-division and district level.
Reference:
- https://economictimes.indiatimes.com/news/india/dont-want-sc-to-become-tareekh-pe-tareekh-court-sc-judge-dy
Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email:
[email protected], Ph no: 9836576565
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