Inordinate delays involved in court proceedings have for long been a favourite issue of debate and discussion, with no possible solution in sight however. The delays in imparting justice – often unavoidable – has put the whole judicial system in poor light, while the oft-repeated cliché, 'justice delayed is justice denied', has lost its import and significance.
Recently, a court came out with its verdict on a case related to the Modern Relief Bank, a chit firm that operated in Kaloor in Ernakulam, after 60 years. An advertisement intended for the 782 people who lost money they invested in the firm received no response. While initially, the case involved the collapse of the firm, media reports show that the verdict after 60 years settled an asset case of the owner of the firm. The case is said to have meandered all the way to the Supreme Court and back. The High Court, fed up with the delay, had ordered a quick settlement.
In the current situation, there are ways in which courts can try and reduce delays involved in cases: reduce the number of times a case is postponed, issue a verdict as soon as possible and reduce procedural delays in issuing a copy of the verdict.
However, these solutions do not guarantee quick retribution because there are some essential court procedures that can delay things. What is therefore needed is a revamp of the whole system.
While improvements and changes have been made to the system over the years, they are woefully lacking in tackling the menace of delayed justice. The law commission and the government are also not willing for a comprehensive change because a sudden change to the established system could boomerang with undesirable consequences, that may then require significant time and effort for solutions.
However, it cannot be denied that lack of change is still delaying procedures in courts. Changes are also required on how criminal cases are dealt with. Delays in court proceedings rob relief of rightful claimants in civil cases while in the case of criminal cases, delays provide relief to those who perpetuate crime and fraud.
It is imperative that laws and statutes that do not stand the test of time should be scrapped and replaced with ones that ensure the sanctity and inviolability of the judicial system.
(The author is a senior advocate in the High Court)