Process is the punishment in our criminal justice system: CJI Ramana

CJI blames non-filling up of judicial vacancies and not improving infrastructure as major reasons for huge backlog

Chief Justice of India N V Ramana on Saturday emphasised an urgent look at the process which led to prolonged incarceration of undertrials while blaming the non-filling up of the judicial vacancies and not improving the judicial infrastructure as major reasons for the huge backlog of cases.

"In our criminal justice system, the process is the punishment. From hasty indiscriminate arrests to difficulty in obtaining bail, the process leading to the prolonged incarceration of undertrials needs urgent attention," he said.

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Delivering an address at the 18th All India Legal Service Authorities Meet at Jaipur, CJI said that there was a need to implement a holistic plan of action for increasing the efficiency of the administration of criminal justice.

In a response to the concerns expressed by Union Minister for Law and Justice Kiren Rijiju on the huge case backlogs in the country, Justice Ramana stressed that the non-filling up of judicial vacancies was the major reason for it.

In his address, the minister said that it was a matter of concern that over five crore cases are pending in courts across the country in the 75th year of independence. He stressed on coordinated efforts by both the judiciary and the executive in reducing pendency.

"The pendency of cases in our country is touching five crores. What'll be the situation after 25 years? People ask me about as the Law Minister. Yesterday, I talked to officials in my department to bring the number down by two crores in two years," the Minister said.

"In our amritkal, we should have a justice system that is speedy and accessible," he added.

After finishing his address, the CJI said that it is his responsibility to respond to the comments of the Law Minister regarding pendency.

"We judges also, when we go outside the country, face the same question, how many years will a case take place? You all know the reasons for pendency. I need not elaborate on it. I already indicated this in the last Chief Justices-Chief Ministers conference. You all know the major important reason is the non-filling up of the judicial vacancies and not improving the judicial infrastructure," CJI said.

He mentioned the example of the National Legal Services Authority settling around two crore pre-litigating cases and one crore pending cases last year, saying that judges and officers worked extra hours to achieve this feat.

"Judiciary is always ahead in trying to resolve all these issues. My only request is that the government has to take up the filling up of vacancies, as well as provide infrastructure. And NALSA is the best model. It is a success story. So on the same lines, we suggested a Judicial Infrastructure Authority at the last Chief Justices conference. Unfortunately, it was not taken up. However, I hope and trust that the issue will be revisited," the CJI said.