Accelerating judgement on long pending cases: Actions from next Government

Only some progress has been made so far on the legal and judicial reforms front in last 5 years of governance esp in regards to delivering justice on long pending cases. As the next Government takes charge soon, with this post we would like to seek actions that should be taken by the Government and worked upon with the judiciary to accelerate judgement on long pending cases. Kindly be as specific as possible. Below is a list of some solution inputs that you had shared previously and were submitted to the Government.

We look forward to your inputs!

Legal and Judicial Reform solution inputs by citizens

1.More courts should be opened and more judges appointed
2.Information technology should be used to ease the processes
3.The case files should be all computerized
4.More authority to be given to lower courts to close cases
5. The system should be given a better infrastructure
6.Cases should be put into different categories and every category should have a time limit in which each case is to be closed
7.The reputation/training of the police should be such that they are approachable for citizens
8.Online filing of FIR should be made possible
9.Media campaigns should be done to make people aware about the judicial system and its implications
10.People having criminal cases against them should not be allowed to contest elections
11.A set number of cases should be taken up by the lower courts everyday
12.Leaves for the judiciary system should be reduced
13.Judicial categories with sector expertise could be developed so that the cases could be closed quickly
14.The system of appealing in higher courts should be relooked at
15.Corruption in lower courts should be eradicated through introduction of systems and processes
16.Time limits should be specified for filing a charge sheet by police
17. Laws must be made with high clarity and should have no rooms for misinterpretation
18.Lying in the court should attract heavy penalty
19.All Government offices where complainants go should be under CCTV monitoring
20.All courts should have CCTV video recording and the citizen can retrieve them if needed with a charge per use
21.Like IAS and IFS, another wing called IIS (Indian Investigative Services) should be launched
22. Some of the retired judges should be allotted responsibility of overseeing the lower courts and help in quick closure of cases
23.A seperate tribunal should be created for the property cases since quick redressal is impossible
24.Release all under trials who have spent more time in jail than required by the committed crime
25.Amend law to punish all those who lie and change statement and use system to their advantage
26.Lok Adalats should be made standing, regular, full-fledged courts with their procedures being fast, simple and short and aimed primarily at mediation and conciliation
27.Fast speed Courts for females and children will solve a lot of problems
28.Legal advisory should be made freely available for poor people
29.Lawyers who do not appear in court, on date and in time, should be heavily fined. Recurrence should lead to disbarment
30.Medical certificates can be accepted only from court-authorised doctors/hospitals
31.False cases being brought to court should be a jailable offence. more  

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Some of the important action that Modiji Govt., should do at once before implementing any development schemes.It is like cleansing the stomach before eating a dinner.
1.Ani-Religious conversion law should be brought as emergency provision.
2.Anti-Hate Speeches must be declared as punishable under law and adequate amendment in CrPC must be made.
3.All anti-social elements who create hate speeches and communal violence speeches must be put behind the bars.
4.NIA should open a branch office either at North Arcot or Ramnad or Coimbatore District and net the terrorist sleeper cells in south India.
5.One platoon of Rapid Action Force should be established in Tamilnadu.
6.Adulteration in edible items and medicines must be classified serious offence and punished withu with capital punishment as it causes fatal to human knowingly.
7.Judicial setup must be reviewed and the method of appointments and promotions in lower courts, High Courts, and Supreme court should be modified.
8.Water Management in India must be reviewed within 2 months by constituting Expert committee with technical experts. Action should be taken to link major rivers and Godhavari to be connected to Cauvery soon.
9. The BJP SET UP IN TAMILNADU SHOULD BE CHANGED AND GOOD ORATORS SHOULD BE MADE AS TAMILNADU BJP CHIEF. MOREOVER, EACH BJP SPEAKER BE MADE INCHARGE OF EACH DISTRICT AND RESPONSIBLE SO AS TO SHOW BETTER RESULT IN NEXT ELECTION.
10.MEDIA CONTROL MUST BE STRICTLY IMPLEMENTED. Censor Boards should be reconstituted, Person/organisation holding number of TV channels should be restricted to 2 or 3 and not 9 or more as now in Tamilnadu., Print Media should be brought under control with a Govt. body controlling them. more  
JUDICIAL, POLICING, SOCIAL REFORMS Strengths JUSTICE DELIVERY more  
Take for example, Mr Ravi shankar Prasad was Law and justice Minister in old Govt.also, and he was also a practicing lawyer at various Indian courts, so did he not aware about hardship and problems people of India are facing in getting timely quality justice. Then why he need another 100 days or may be more than that to implement drastic reforms in justice delivery system of India. And when he is not reforming Indian justice delivery system since last 5 years , then how to believe that he shall be able to deliver mega reforms in legal system in next 100 days to one or two years. If that kind of performance is not visible then what was the compulsion to bringing him back as Law and Justice minister of India. How long Modi 2.0 govt. will linger and delay urgently needed mega legal reforms in this country because they just wanted their a confident person to occupy Law Minister chair. Can't we get some one in such a big country to head law and justice ministry who can change entire justice delivery system in next few days and make it efficient, fast and responsive and transparent. I have no doubt that India has many such capable people who have capability to transform justice delivery and legal systems of India in fast pace at war footing to give relief of millions of citizens who are waiting for justice since decades and years. more  
With same person coming as Law and Justice minister in Modi 2.0 Govt., can we expect that he shall be listening our points and doing some justice with it. Last time we submitted so many reforms related suggestions, inputs and points through this circle and also directly through mail, but the minister didn't do any thing. Now he has been rewarded for his past performance (though i can't see any change he brought in justice delivery system) and re assigned as Minister of Law and Justice and IT, so again he has great opportunity to transform Indian Judiciary through use of IT and Innovative process, lets hope this time he uses his chair for bringing much awaited reforms in justice delivery system. We can't afford to have no action on our inputs from Govt. this time. more  
Judiciary need to realize Regulating requisite Reforms for Speedy Trial and Accountability to CONSTITUTIONAL MANDATES and enforcement of IPC. more  
Sir,

Courts hearing the matter should pause (without mechanically carrying on legal procedures) and ask litigants to JOINTLY state in writing -
1) The aspects they agree.
2) They aspects they dis-agree.

Follow the above, before new or fresh cases are filed, that is before Plaints & Written Statements are filed.

Courts should concentrate and aim only for substantial justice and litigation procedures, which necessarily means delay in rendering justice, should be totally avoided.

Sent from my iPhone

> On 19-May-2019, at 12:28 PM, LocalCircles Manager <support@localcirclesmail.com> wrote:
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> LocalCircles Manager
> LocalCircles Manager posted a message in "Transforming India ".
> Subject: Accelerating judgement on long pending cases: Actions from next Government.
> Only some progress has been made so far on the legal and judicial reforms front in last 5 years of governance esp in regards to delivering justice on long pending cases. As the next Government takes charge soon, with this post we would like to seek actions that should be taken by the Government and worked upon with the judiciary to accelerate judgement on long pending cases. Kindly be as specific as possible. Below is a list of some solution inputs that you had shared previously and were submitted to the Government.
>
> We look forward to your inputs!
>
> Legal and Judicial more...
> Reply Reply to this email to post a comment.
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Here are few top reforms which requires immediate launch in Judiciary:
1. Urgent transformation of Indian judiciary system: we all know that this area is very slow moving and there was no big ticket reform yet launched in judiciary, large number of cases at all levels of judiciary are pending since many years even up to 10-20 years. Even if dates are provided then either it get shifted for next date or given very less time to have a thorough quality based judgement. There is little use of Technology based tools and applications, which may drastically improves productivity, efficiency and quality of justice delivery systems. So a massive transformation in Indian judiciary systems are required which enables time bound quality justice delivery to citizens of India.

2. There should be a monitoring mechanism on performance of judiciary also, at present every court works in their own independent way and there is no accountability for delivering justice on time

3. At present Indian legal system is unpredictable, there are diverse opinions of judges on various judgement delivered on similar kind of matters spread across various courts in India, so lots of subjectivity and personal opinion of judges comes into picture in judgments leading to non standard judgement across various courts on same issues

4. At present it is on the will of the bench of high courts or supreme court whether to admit a case or not, there need to be a SoP on what kind of cases to be get admitted and what kind of cases to be rejected. At present it depends on discretion of an individual judge to take up a case or not. And even cases are admitted in high courts, its taking years and years to get it into hearing as existing roaster system is not predictable. A case listed at 50 number serial number in today's cause list, may go to 100 sl. no. in next date cause list, creating a situation where no one knows when his / her case taken up for hearing then for judgement. There need to be some predictability and some time bound take up mechanism for cases in High Courts and other courts.

5. Video Conferencing base evidence capturing should be made an alternative to personal appearance as some times cases delays due to non appearance of witness, also in course of criminal cases witness are threatened and warned about if they are coming to courts for giving witness. If witnesses can be produced in video conferencing mode then physical threat to witnesses gets reduced

6. Unethical Collusion between Bar members (both parties advocates), court staffs, and judicial officers should be checked in and mechanism should be developed to stop these kind of unethical collusion as this is one reason why cases are dragged as lawyers makes money as long as cases are going on in courts, so some kind of disincentive should be given to lawyers in case they are forming a cartel to elongate a case

7. Pass a bill in Parliament for giving time bound justice to people of India, and Justice on Time should be made a fundamental right for every citizen of India

8. Extensive computerization and process re-engineering is required to remove bottleneck in judiciary

9. Introduce Artificial Intelligence in Judiciary in order to automate many decision making which can be simply awarded by following standard practices/business rules, removing too much scopes for individual judges interpretation , which actually becomes bottleneck depending on productivity of a human being

10. Lets create a legal FAQs web site/portal under Judiciary where standard type of cases are given along with legal opinion, if plaintiff finds his or her problems in legal FAQ and what court says on that matter, then there won't be any need for that person to come in courts for getting a law interpreted by a judge. So a pre-defined use cases data base of various scenarios should be given in this portal, so that before coming to court people get convinced whether their solutions/grievances already covered on those FAQs, hence reducing case filling for small small matters

11. Judges appointments should be an open process, even general public /public representatives should be able to send their opinion/feedback regarding judges and judges should be open towards positive or negative suggestions/feedback

12. Simplify the trial processes of cases at various stages, for example for a divorce case under Hindu Marriage act why 5- 10 evidences are required to just to prove that there is something wrong in marriage, if husband and wife are not able to keep up partnership then court should take that itself as evidence and dissolve the marriages which are dead or not working, why to have a 10 year trial with 10 witness to prove that a marriage is not working. Every case can't be fought in same way as they do it in a murder case.

13. As far as my experience to Supreme Court and High Courts cases are concerned, these are mostly appealing case against lower case judgment, however I observed their constraint in giving quality time to completely understand the case and give enough hearing to the matter. They hardly hear it for 2 to 5 minutes (for personal cases), and take their own decision without giving complete and quality hearing to the parties. Hence we don't want that kind of speed as well, were quality of judgment is questioned, and we have to simply obey it because some higher court has passed that as an order. So fast disposal of cases should be done but with quality hearing and enough time to go through all relevant documents and arguments. Fast disposal without a quality hearing for just a sake of reducing case pendency should not be done.

Further some of the fundamental questions comes to my mind, which challenges present way of doing works are below which can be certainly addressed by path breaking innovating reforms to be initiated by Govt. of India, to end sufferings of the millions of citizen of India.

1. Why a case need to last and go for years and years most of the time 10+ years and 20+ years ?? Who are responsible for delayed justice delivery and how it can be fixed ?? Why cant we have dead line (time bound ) oriented processes and procedures, which stops any unintentional abuse of weaknesses of legal systems

2. How easily legal loop holes can be used/misused/abused by vested parties to deny or delay the justice and how it can be detected and controlled ??

3. Why the Indian cases are run sequentially (date system), why can't be all cases be run in parallel processing mode like the concept of Super Computers which has changed the computing landscape and given such a fast computers in the world, yes one may argue how and give capacity constrained in doing fast processing of large pending cases , but with truth is that with help of advanced computerization it can be achieved, provided we have positive intention in making our legal case systems fast.

4. Why the evidence systems are not electronic yet, why the witnesses statements are yet recorded in physical forms and lots of times wasted in collecting the physical evidences, why we can't have advanced computer programs, which generates patterns which judge soundness of an evidence and acting as artificial intelligence based assistants to Judges in taking fast decisions.

5. Why can't we adopt a video conferencing based legal trail system which avoids unnecessary delays happens due to physical travel of the witnesses or other stake holders mainly the petitioner or respondents, some time dates are extended as one of these stake holder failed to appear in person in the court citing some personal reasons or some other commitment.

6. In order to overcome manpower shortages in legal departments and courts, why can't we adopt a mixed outsourcing models controlled by world class efficient processes and IT systems as adopted by other departments like Passport issue processes or similar world class systems adopted in developed countries. Look at the Visa processing process of UK, they have outsourced documentation work and paper verification work to a world class BPO and core decision of granting Visa has been only taken by British High Commission, and through tight computerization they keep control and transparency in the outsourced system, Due to this system, valuable time of High Commissioners doesn't goes in low level documentation works and hence they can dispose higher number of visas in a day leading to better productivity

7. Why can't we have virtual courts or e-courts at the lowest levels where most of the cases are coming to remove most of the human interfaces what we see in courts, as I personally believe, more human interface in our system means more points of delay and chances of negative and corrupt forces entering into system.

8. Enhancing Professionalism through computerized training and advanced citizen centric service delivery training courses: I think its time in India that we should give away with "Maii Baap" "Sahab- Hujjur" Culture and make its services delivery in line with true professional environment, every stake holder in Judiciary system including advocates should treat people approaching for justice as their customer and should have commitment in dealing with the people most ethically, professionally and in most civilized/dignified ways and one should be sensitive enough with the suffering of the people who are coming for justice in the Indian courts and no one should be allowed to further make them suffer and torture while going through the legal procedures, for this computerization is very important, so that no one can abuse the legal processes

9. Privacy and Security: in the courts secrecy and privacy of every case should be maintained, and no one should be allowed to tamper with the legal documents and information and use around for foul play, for this computerization and automation of courts are required with proper governance framework. Technology enabled Security mechanism shall put into courts to stop corrupt practices into Indian legal systems and to identify the culprits who wanted to influence merits of the case and want to disrupt judicial systems with some ill wills.

10. Times bound review of the legal provisions and laws: our country and society is changing every day and every moment, people requirements, aspirations and outlooks are changing day by day, hence our culture and society are also evolving with time, hence our legal system and our law should also evolve with the time. Hence a time bound review process of existing and old laws should be adopted where views of people and communities should be asked for suitable time bound modification and simplification. E.g. our Hindu marriage acts are very difficult in dealing with non compatibility aspects of marriages, it still believes marriages are made in heaven and it can't be dissolved even some one is in extreme sufferings and pain. So in one end for Hindus Divorce are extremely difficult and laws are of extremely old period, not in line with the modern outlook of the society, however in case of Muslims divorcing is very easy, hence common & simple civil laws should be there, without discriminating Indian Citizen on cast, religion, income or gender etc.
Time bound dissolution of un-workable marriages should be brought in, in order to disposed off several divorce cases pending in the courts since years. What a life left for a person who spends 5- 10 - 20 years in Divorce cases and related litigation.

11. It is generally said that professional fee structure of the lawyers are not aligned with the case goals, date bound fees structure doesn't dis-incentives lawyers of both sides to finish a case in a time bound period, as most often lawyers are also responsible for taking un-necessary dates, and instead, if fees structures are aligned with the case outcomes, then lawyers would be more incentives-ed to finish his/her cases in a time bound manner, and they put their sincere efforts to conclude the cases with them. Hence highest level of professionalism need to be brought in even at the lowest level of the legal system.

With this, and due respect to legal profession and Judiciary, I request you to launch mega structured reforms in the Indian legal and Judiciary systems, ending sufferings of millions and millions of Indian Citizen in getting justice and wasting their time in fighting with the redundant, non-responsive processes and systems. more  
Judicial Reforms suggested by our members need to be taken its Codification with comprehensive regulation pl more  
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