True that knowledge is endless but endless knowledge is
not the end of all sufferings. Knowledge itself may not always
enough for achieving anything for self or society, unless it is
guided or implemented by a sound, logical and rational mind.
Those, who know the reality and use their knowledge properly in
a proper prospective are called wise men, philosophers or
A wise king, a statesman or a leader has the sufficient scope
and liberty to use his knowledge abundantly to achieve the real
object for the benefit of the society at large. They have excuses for
risk. It is also their primary duty to promote new ideas for the
welfare of the society. But it is always difficult for a common man
tied by a system to implement his ideas. Most of our critics are
also hypocrites. They are making more confusion and chaos even
without venturing into the preface of the issue. We should realize
the situation and to adopt the best. We should not have any
propaganda rather a mindset of acceptance.
I intend to say that knowledge and ideas may be the
paramount considerations in each and every case but if those find
pragmatic support from the system, they can do a miracle to a
large number of people integrated and involved with the same.2
I have spent twenty years in judiciary. We have brilliant
officers serving around the state. They are full of knowledge and
hard working. They are doing their best to meet the needs and
expectations of the litigants and sufferers of the society. But
Indian judiciary is always blamed for its snail pace.
It has been
proved since independence that the courts are not able to dispose
of cases in time and almost all courts are sitting over the hills of
cases finding them completely helpless. Gradually a large number
of people are reluctant to approach the court and searching for
unethical alternatives. This is certainly not a good sign for the
society. The cause is that there are various obstacles not yet been
overtaken, making the justice delivery system handicapped.
Delayed justice is the biggest cause of prevalent corruption
in the country. Our nation is suffering unfathomable loss on
ethical and moral point of view because of delay in disposing of
cases. It is obvious to say that inordinate and unnecessary delay
defeats the ends of justice.
It is well said by the Hon'ble C.J of
India, Shri AS Anand that:
"The consumers of justice want unpolluted, expeditious and
inexpensive justice. In its absence, instead of taking recourse of
law, he may be tempted to take law in his own hands. This is what
the judicial system must guard against, so that people do not take
recourse to extra-judicial methods to settle their own scores and
seek redress of their grievances".
The Hon'ble Apex courts through its various judgments
observed that 'right to speedy trial is an inalienable right under
Article 21 of the Indian Constitution'
Unfortunately, the most important cause of delay is Judge-3
citizen ratio, vacancies of judges and deficient number of courts.
The law commission in its 254 th report urged the establishment of
additional courts for speedy disposal of cases.
But I am concerned with the practical problem. After so
many experiments, it can now be inferred that the prevailing
system is not either practical or we are just overlooking the real
problems in it and still doing experiments on fallacious stuffs.
The result is little smokey and finally blemish.
After experiencing many years in judiciary, I am sure and
confident that the major problem in disposal of criminal cases is
non execution of summons and warrants. Most of the cases in
each and every court are waiting for years together either for
attendance of the witnesses or accused persons. It is also true that
there is whimsical and rapid turning up of witnesses and accused
persons where the parties have entered in to a compromise.
cases are very attractive for each court. Disposal of all these types
of cases at no cost shall achieve the real objects or provide an
absolute assurance to the backlogs which have already been
obsolete. Disposal of a year old case, if any, does not provide
justice. It may only be considered as a statistical disposal of a
pending file. It is not only highly prejudicial for both the parties
but also shameful for the justice delivery system. Just imagine, if
a person in a case detained inside the custody for eight to ten
years as an under-trial prisoner and after conclusion of trial he was
acquitted, who will compensate him for loss of those years from
his life and his family for so many things.
The delay is also a
galactic reason for high ratio of acquittal of criminal cases. It is an
injustice to the victims as well as to the rational expectation of the4
society. Those unsolved issues are making the justice delivery
system grotesque and ludicrous. Those things have never been
discussed as if we have taken it as granted for ever. Disposal of a
case is not a matter. It is the length of time which actually matters
for all who believe in this justice delivery system and waiting for
years together keeping faith in this august system of this nation.
am talking about eighty percent of cases where we after a huge
exercise have not yet been succeeded to bring the accused and the
witnesses to the court in time. Perhaps rest of the cases are not
meant for disposal for ever and we have the simple way to push it
to the dormant, a very interesting and exclusive place of rescue for
all. We have never realized
what type of justice has been
imparted to the victims of all these cases.
It would be injustice to blame the presiding officer or any
one, rather the system to be solely or collectively responsible for
the problem. The presiding officers are
so preoccupied with
various works that it is impossible for them to fetch some time to
even think about the fault with a particular case record. That apart,
they have already experienced their helplessness in so many fronts
in the prevailing system.
All the trial courts have already realized
that issuance of summons is just like a lottery and the result is
beyond their control. So, it is always preferable for them to reach
their yardsticks to defend themselves. They know that many
problems are not under their control. In this process we are
compelled to ignore so many important aspects which are
essential to be implemented to eradicate the chronic malady
suffered by the system.
I am sharing a fact. In a monthly meeting, the district judge5
found that certain number of cases are pending for re-commitment
for years together due to non execution of the warrants. He
expressed his dissatisfaction on the matter. The learned magistrate
expressed that he in several occasions has
instructed) all the IIC/OICs of the police stations and even
discussed with them in his chamber for (kind) execution of the
warrants but much to his chagrin it yields nothing.
well that the learned magistrate is not the superintendent of police,
the district judge expressed his annoyance by saying that you have
no command over the police officers. However, he immediately
commanded the Chief Judicial Magistrate to look into the matter. I
left surprised by thinking what the district judge is discussing with
the superintendent of police in the senior officers meeting.
next meeting of the judicial officers, the learned magistrate came
like conquering the world as one re-commitment warrant has been
executed during the month. I do not want to discuss as to how it
was done by providing a wrong message to the judicial officers
but it is the ground reality the judicial officers are facing in each
and every case. I intend to say that the whole cosmos of criminal
justice delivery system is spinning around proper execution of the
summons and warrants.
I am sure that various instructions of the authority
different ways will not solve the problem. The key of disposal is
not in the hand of the judicial officers. So, we have to adopt a
mechanism which shall run independently, transparently, open to
the public, without wasting the valuable time of the court and
most importantly to secure the ends of justice. But before that, I
have to disclose the major problems of non execution of summons6
We have code of criminal procedure and rules of the Hon'ble High court to deal with the matters. But it is proved time
and again that the same is not actually working in the manner it is
intended because of decentralization of the system and so many
other complicated protocols. The court has to depend on other
mechanism which is not under his control.
The authority has been
timely instructing the subordinate courts to give preference to year
old cases of different categories but while there is no turning up of
the litigants, what the poor subordinate judge will do with such
instructions. This sort of instructions remain only a rhetorical
paradox. After an extensive discussion as above I have to travel to
the real solution which is the major subject of this literature. But
before that, I have to point out the issues objectively faced by the
- Lack of process servers in the establishment for execution
- The process servers and the police are not executing the
summons and warrants.
- In many cases, the process servers are making false
execution and nothing is there to prove it.
- The process servers are giving preference to higher courts and ignoring
service of summons of lower courts.
- The courts are not issuing summons before the prescribed
- The process servers are engaged in other duties.
- The dealing assistants are issuing the summons according to
their will and time.
- Summons returned or not executed against the official7
witnesses due to no information of their present or
- The dealing assistants are not issuing summons due to
pressure of work.
- The dealing assistants are issuing summons in limited cases
so that the court can record the evidence during the court
hour and shall discharge their other duties during the
- In some cases the witnesses are returning due to bar strike,
cease work, leave of the presiding officers, which ultimately
discouraged them to visit the court again.
- The witnesses are not getting the travelling expenses due to
procedural intricacy and lack of funds.
- Police is not executing the warrants on various pleas
making the court handicap.
The above and other co-related issues of similar nature have
not yet been addressed properly in this prevailing system. So, not
using more space, I am trying to share certain ideas of my own,
which I think must be useful to resolve all the basic hurdles with
ease and timely disposal of the criminal cases.
(The Whole Article Is Completely A Personal Opinion Of The Author)
Written By: Sri Rajkishore Lenka,
- There must be complete abolition of the court sub-inspector
office substituted by a full fledged court police station (CPS) with
modern environments. The outlying stations having their sub-CPS
- All the public prosecutors offices and the witness
shall be attached to the said CPS
preventing direct access to the public, litigants and other8
advocates to the said establishment. All necessary official
transactions with the public prosecutors and CPS during office
hour shall be made through counter or any other suitable modes.
- The duty of the CPS is to carry out the orders of the courts
of the stations such as execution of summons, warrants, collection
of address of official witnesses, arrest and production of the
accused persons, production of witnesses before the court under
escort and other duties as per the rules.
A coordination of CPS all over the country shall not only
ensure timely production of accused persons or witnesses of the
locality but the same can be useful in execution of warrants
against the accused persons outside the state who after releasing
on bail have absconded for ever, particularly in NDPS and other
serious nature of cases. Similarly, in MACT cases where the
owners and drivers of outside the state are avoiding the court can
be brought through the CPS. The CPS can also be used by civil
courts including the Family courts in execution cases outside the
- All the courts shall send the list of witnesses and the
accused persons with their addresses and the date of their
appearances or production as the case may be, to CPS maintaining
a separate register by both sides.
- The CPS shall ensure their production before the court
police station and shall keep them inside the witness
accommodation room or in custody as the case may be, inside the
said establishment giving no access to the accused, defence or
the opposite parties interested in the case and intimate the
respective courts about such executions.9
- The witnesses shall be produced before the court under
police escort at the time of trial in a manner not giving access to
the adversary party. The accountability of CPS may be fixed by
the appropriate authority.
- In case of more turning up of the witnesses, there shall be
equal and proper distribution of the witnesses to other courts with
the case records only for recording of the evidence of the
- If any court fails to record the evidence of any witness on
the same day for any other reason, shall report the same to the
authority so that the witness shall be sent to another court.
- The CPS shall report regarding the cause and reason of
non execution of each summons or warrant, if any, in writing
directed by the court for execution
- In year old cases the CPS shall execute the summons and
warrants directly by deputing staff and produce them in proper
escort or custody including the official witnesses if specifically
instructed by the concerned court.
- In case of failure of the witnesses or accused persons to
attend the court after first service of summons, the CPS shall
execute the second summons directly and bring them to the court
in proper custody.
- The court will not accept the charge sheet/ final report/PR if
the name, address, phone number, alternative phone number, e-
mail, if any, of the witness have not been clearly mentioned with
the witnesses list and more particularly the permanent and present
address of official witnesses.
- The probationary magistrates or the magistrates who have10
not completed one year of their service shall only be assigned to
record the evidence of the witnesses and accused statements and
send the closed (evidence) case records to the concerned courts.
They may prepare dummy judgments in selected contested cases
as per the instruction of the authority.
- In case of cease work by the bar members or in other
similar situations, the court shall record the evidence in chief of
the witnesses in under trial prisoners (UTP) cases and may testify
the witnesses present in other cases to ascertain whether they are
competent witnesses for examination. In such situation, if the
witness is an unimportant formal witness of not supporting the
prosecution case, he may not be called again to the said case.
- The court shall issue sufficient numbers of summons by
giving preference to year old cases than new cases and it shall be
entered into the portal regularly as well as the result of such
- So far as the pendency of criminal cases in superior courts
such as session's courts are concerned, in application to the above
suggestions, there is a need of change of their work pattern for
enhancement of more disposal.
If there are more sessions courts including special courts in
a station, where the pendency is high, it would be essential to put11
an end to deal with multifarious cases by a court in the same
time. If there are two sessions courts in a station, one court to
deal with only criminal trial matters of all categories and the
second to deal with all types of appeal/ revision matters both civil
and criminal. If there are more than two sessions courts, the third
court to deal with only the civil appeal and revision matters.
- While functioning as above, after every three or four
months interval, there shall be interchange of
officers of the courts of the same station only for the purpose of
changeover. This practice will encourage healthy competition and
release monotonous working mental pressure.
- Compromise is the best, most effective, sound and rational
adjudication. This also promotes harmony between the parties.
But due to technical legal impediments the court is unable to
make it effective. Putting offences on charge sheet is game of the
police. In many cases offence under section 324 of IPC has been
portrayed under section 307 of IPC. So, now it is imperative to
amend the section 320 of Cr.p.c making more offences
For example: the offences under section 379 of IPC where the value of the property is less than 5000, 326 and 307
of IPC where the injury is simple and not on the vital part of the
body and many more offences under certain circumstances
including the antecedent and age of the accused. The court can
also impose compensation in certain cases on compromise.
Compromise can also be permitted before completion of the
investigation. Some may not agree with this suggestions. So, let
me assert that even in case of murder the witnesses are not
deposing anything. The law is sponsoring
which is a failure
The reason that more than 80
percentage cases triable before the court of judicial magistrate
ended with compromise and it is more than 60 percentage in
session's cases. Therefore certain discretion must be given to the
learned trial courts to deal with the compromise matters.
Otherwise the same will be repeated, but in a different way by
wasting time and paper of the court. If the situation is alarming
and a little liberal procedure is making a big difference, it must be
- Similarly, discretion may be imparted to the courts to
compound or mediate the
offences under motor vehicle Act,
Negotiable instrument Acts and other minor offences between the
- Another important matter is equal distribution of cases
among the courts. This aspect has always been ignored. It is often
seen that the principal magistrate court holds eighty percent of
cases and the rest just twenty percent. This seriously creates
checkmate in disposal of cases in time. The main causes are non
appearance of accused persons for non execution of summons and
warrants and non preparation of the police papers. I experienced
that police paper is the
primary cause for the bottle-necking
I have already discussed about the execution of
summons and warrants in my preceding paragraphs. But so far as
preparation of police paper is concerned, the only best and
effective way is outsourcing of technical persons for preparation
of the police papers. That will put an end to this problem. But to
eradicate this problem for ever, the investigating agencies are to
be directed to supply the required sets of police papers along with13
the final form/charge-sheet.
- Knowledge makes perfect and confident. Every judicial
officer badly requires knowledge according to their requirements.
Judicial Academies have little scope to fulfill the requirements.
So, we must have to think the best and easy way to enter into the
galaxy of knowledge and also to explore ourselves freely and
I suggest an exclusive website for district level judicial
officers for all over the country, where they can only share their
legal problems and in return they will get countless answers, legal
literature, judgments and legal principles. In one click a judicial
officer will visit huge conversations on different legal issues. That
will keep a judicial officer in touch with different laws of the
state. The officers can share their articles and judgments in such
web site. The retired judicial officers and academicians can be
inducted as members.
- Now a days the subordinate courts are facing another
problem. That is submission of facts and figures in each and
everyday asking them by the authority and must of these with a
direction to send such informations on return mail. This is
seriously wasting the valuable times of the courts and distracting
the staff to focus on the important court works. This can be
prevented. The superior authority has to
prepare a format
including all informations generally required and additional
information required in the past frequently. Those informations
shall be sent to the authority by the subordinate courts at once in
- We are exclaiming about twenty first century concept.
Application of technology will keep the proceeding of the court14
The court may examine the rape victims, child
witnesses, pregnant ladies and sick persons through virtual mode.
The CPS may be provided with all such technical requirements to
reach the witnesses as desired by the court and the court shall
record the evidence or examine any person through virtual mode.
Rules may be framed to that effect.
- There is a huge need of reassessment of the sanction
strength of the staff. The old courts having more pendency are
working with less staff due to old sanction and the new courts
with more staff.
- The yardstick system needs to be abolished. In its place the
Hon'ble court may publish a quarterly merit list of judicial
officers of different ranks on the basis of disposal/performance.
And final merit list may be published at the end of the year.
Last but not least, encouragement, support, help, discussion
with the problems and advice for the solution by the senior
judicial officers to the junior judicial officers will create a
conducive environment and will empower the juniors mentally
and psychologically to discharge their duty more perfectly,
fearlessly and effectively.
1st Additional District and session's Judge, Puri