LBR Law College: Law College in Varanasi
Time
is an essence of life and
any thing done
or carried out in a
belated manner would likely
to defeat its
object/ purpose . Similarly , if justice
is not delivered within the reasonable time it result
in causing further suffering
to the aggrieved person and to those who are
seeking justice. It is also said
that delayed justice
amounts to denial
of justice which is
against the basic object
of the law . Law protects
against the injustice.
In
recent time we
are faced with the
burden the field of
legal profession and
deal with the
flood of litigation . Now there
is conflict within the
society and family ,
especially due to advent
of nuclear family system . The present
day society is heading
for complexities thereby
matrimonial concerning cases are in
abundance in various
Counts of the country . But,
it is
a matter of
grave concern that our justice
delivery system suffers from speediness
and expeditiousness. In our
country the justice rather
judgment delivery system
need to be
accelerated otherwise . the
purpose of justice will be frustrated .
The concept
developed behind the right to speedy trial is to protect the miscarriage of justices .
It is very
well said that dilationes in lege
sunt obiosae means
justice delayed is
disgraceful .On the other hand,
law is dormant sometime, but
it never
vanishes .
Delay in
justice delivering system is due to
many reasons . It true that
the delay defects the justice .
It has been experienced that uncertainty ,
delay and costs are enemies of the
administrative of justice. Delay
in justice creates
a feeling of
confusion in the
mind of litigation . A more than judicial process
by way of appeals
and revision etc. are the
factors causing considerable
and painful delay to the
litigants . Now , the time
has arrived to think about
the special appeal under
Article 136 of the
Constitution of India ,1950 . There are
instances when this
provision abused . The
application for transfer of cases
not to be
entertained unless there
is evidently apprehension of justice . Thus administration of law
and justice continues to
suffer from delay . the judicial authorities and legislature are
required to take effective
and appropriate measures to
curb the dilatory process of
administration of law justice .
In United States of America the right to
speedy trial is one
of the Constitutional right guaranteed to its citizens.
But , in India there is no
such constitutional right but this
right has been judicially innovated in recent time .In
Hussainara Khatooon case the Apex
Court has held that the right to speedy trial is a fundamental right implicit in right to
personal liberty enshrined in Article
21 of the Constitution of India. In this case
number of under trial prisoners were
in jails in the
State of Bihar for years and waiting for their trial. The Court expressed the view that the right to speedy trial is the essence of criminal justice. In landmark judgment in
Abdul Rahman Antuley vs R. S.Nayak .
Though the Apex Court refused
to fix any time
limit for Article 21 of
the Constitution of India is
available to accused at all stages
namely the stage of inquiry, trial, appeal and revision .
It
is naked
truth that the Courts in
India are facing heavy backlog of
cases mainly due to filing of
vexatious cases and acute shortage of judges.
Now the Central Government under
the direction of the Apex
Court though established fast track Courts across the country to
overcome with the pendency of cases
but the desired result still eludes . As
the procedural laws are enormous time
consuming and complexities in social life is another factor responsible
for causing delay in
administration of justice. It is not
hidden from any body that the
litigation takes decades to
obtain finality . Under
the existing law
though the judgments of lower
Courts are appealable or revisable
but how many judgment are
delivered by them . There is nobody
to account for it. In
this regard lower courts
and High Courts are unfettered
. It
is to be
noticed that Bench
and Bar are equal
contributories in
administration of law and
they owe toward society but we
badly lack commitment in respect of society .
Dr. Abhishek Singh is Founder Director of Lokbandhu Rajnarayan Law College, Varanasi established in 2004. Email lbrlawcollege_03@yahoo.co.in web:lbrlawcollege.org. He did his Ll.B Hons (Five year course) from Lucknow University and LL.M (HRDE) from BHU. Completed his Ph.D on topic of Jurisprudential Aspect of Human Rights And Duties: A Conceptual Study from Shri Ramswaroop Memorial University Lucknow Dewa road. More than 19 years of experience of leading the administration. Published many articles in different law journals and presented paper in national seminars and webinars including periodic writer of online news portal www.opindia.com. He is an amateur blogger with blogger name as azaadhindustaan.blogspot.in. Area of acquaintance includes Jurisprudence, Constitutional Law, Human Rights and Social Justice