NEW DELHI: Non-availability of counsel has caused delay to over 63 lakh cases across the country and over 14 lakh cases are delayed for some kind of document or record, Chief Justice of India D Y Chandrachud said in Amaravati on Friday.
The CJI was inaugurating the Andhra Pradesh Judicial Academy, when he said colonial mindset of the people when referring to and treating the district courts as subordinate judiciary, both in hierarchy and in practice, must be got rid of.
Justice Chandrachud described the district courts as not only the backbone of the judiciary but also the first point of interaction with the judicial institution for most people.
He also said that bail, but not jail, is the criminal justice system's one of the foremost fundamental rules. However, he said, that a paradoxical situation is reflected by the number of under-trials languishing in prisons in India. "Deprivation of liberty, even for a single day, is a day too many," he added.
Basing his statement on the National Judicial Data Grid (NJDG) data, he said almost 14 lakh cases have been delayed for the courts wait for some kind of record or document, a fact which is beyond the control of the court.
NJDG data, he said, also showed that over 63 lakh cases have been considered to be delayed across the country, primarily due to non-availability of counsel. the CJI said support of the Bar is necessary for our courts to function at optimum capacity. More data from all courts may also increase or decrease the numbers, he asserted.
On the importance of district courts, the CJI said remedies must be provided by the district judiciary itself as the poorest of the country are affected.
Section 438 of the CrPC (bail) and Section 439 (cancellation of bail), he stressed, must not be perceived at the grassroots level to be meaningless, mechanical, procedural remedies at the district judiciary, then move to a higher court after getting a rejection.
Justice Chandrachud also said among the courts of the first instance there is a brooding sense of fear, on how perception at the higher level will be on the grant of an anticipatory bail or a normal bail and that fear is somewhat rational.
He also talked spoke multiple cases where trial court judges have been called to account for grant of bail in certain High Courts. Analysis of their conviction rate has been the basis of the judges' performance, he said. The CJI had called upon the chief justices to do away with such practices at the Chief Justices' conference, he said.
As part of the 'Digital India' mission, the CJI said, common service centres are being set up all over the country, going down to the level of every Gram Panchayat. He added that the Supreme Court is trying to ensure that the e-court services are merged, for judicial facilities to be availed at the village level in the country.
He called for the whole colonial model of people seeking justice to be replaced by a new justice delivery system where they reach out to the citizens, adding that one step in the process is providing certified copies online.
The CJI said women legal professionals entering the judicial fraternity have outnumbered men
'Justice Clocks' are set to be set up in every court establishment, the CJI said, to ensure progress of cases is monitored.
Also watch: