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 firstname.lastname@example.org 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