'Tarikh pe Tarikh': Allahabad HC says criminal cases pendency not merely judicial officers' fault

Prayagraj: Quoting the famous dialogue from the 1993 Hindi film Damini, "Tarikh pe Tarikh... milti hai to sirf tarikh", the Allahabad High Court has observed that while it reflects the common man's perception of delayed justice, the massive pendency of criminal cases in district courts is not merely the fault of judicial officers, but primarily that of the state government and the police.

Rejecting the bail plea of murder accused Mevalal Prajapati, a resident of Fatehpur, Justice Arun Kumar Singh Deshwal observed that judicial officers cannot decide cases without adequate staff and police cooperation in ensuring the presence of accused persons and witnesses, along with timely forensic science laboratory (FSL) reports.

"Many young judicial officers, who joined the judiciary though very honest and hardworking and having a motto to dispense justice found themselves unable to perform because of insufficient staff, non-cooperation by the police in the execution of court processes, summons, warrants, etc. and faulty investigation and improper FSL reports," the court observed.

The court said such judicial officers often become frustrated and look towards the high court for remedial measures, but even the high court cannot do much in the absence of systemic support.

"It is the state government that must provide basic infrastructure, staff, the FSL report and police cooperation," the bench said while issuing a slew of directions to address structural, administrative and procedural deficiencies affecting district courts.

The observations came during the hearing of a bail application in a murder case in which a blood-stained screwdriver was recovered, but the investigating officer allegedly failed to seek DNA matching from the FSL to determine whether the blood belonged to the deceased.

Taking note of the alleged lapse, the court had earlier summoned the Uttar Pradesh director general of police, the home secretary and the director of the FSL.

During the hearing, the FSL director informed the court that of the 12 functioning laboratories in the state, only eight had DNA profiling facilities. The laboratories were also facing shortages of staff and modern forensic and ballistic testing equipment, the court was told.

Based on these submissions and a comprehensive study of several district courts, the high court observed that the heavy pendency of criminal cases was largely due to insufficient ministerial staff, stenographers and deposition writers, non-execution of court processes by police, and delays in obtaining forensic reports.

The court further observed that systemic delays embolden criminals and weaken public confidence in the justice delivery system.

The bench noted that many criminals continue to commit offences without fear and some have even become MLAs, MPs and ministers.

Referring to a report by the Association for Democratic Reforms, the court observed that around 49 per cent of ministers in the Uttar Pradesh government face criminal cases, while 44 per cent are facing serious criminal charges.

The high court also flagged concerns over the personal security of judicial officers, observing that judges frequently face threats in courtrooms and veiled intimidation in public spaces from criminals.

The bench noted that unlike Punjab and Haryana, personal security officers are not provided to all judicial officers in Uttar Pradesh, which adversely affects their ability to function fearlessly and pass conviction orders against hardened criminals.

Against this backdrop, the court said the state government should consider making the Uttar Pradesh FSL an autonomous department under the home ministry and take steps to fill vacancies in forensic laboratories across the state.

The court also asked the government to examine the feasibility of providing personal security officers to all district court judges.

In its May 7 order, the bench directed that a copy of the judgment be placed before Uttar Pradesh Chief Minister Yogi Adityanath for perusal and necessary action.