By Dr G. S. Sachdeva
A popular legal maxim maintains that “Justice delayed is justice denied.” There is history behind this dictum and though its abidance is generally strived for by the system yet the pendency in courts has hardly decreased due to repeat adjournments, frivolous appeals and systemic aberrations. The facts are well known and need no statistics to convince, albeit a couple of recent cases are briefly discussed to vindicate the assertion.
Take the case of Rasik Chandra Mandal, he along with another villager was accused for the murder of his brother in a property dispute in November, 1988. Rasik was of 68 years at that time. The Court in1994, found both guilty and awarded life term to them. In 2020, the second accused died and Rasik moved the Supreme Court for release. The SC in 2021 asked for a status report from the Superintendent of Correctional Home which stated that he was physically agile and mentally fit. Despite the report, SC has now released him on bail and he walked out of the prison on 29 November 2024. He thus, remained incarcerated for three decades and walked out of the jail at the age of 104. Would it not be proper and graceful for the government to release every prisoner, by law and without mercy petition, on attainment of 100 years of age, whatever be the offence? Age and human dignity, for sure, deserve to be respected.
In another case, a war-widow, Anguri Devi, whose husband was killed in 1965-war with Pakistan had to fight her case for family pension for 58 years. She approached the authorities repeatedly during these six decades but to no avail. Systemic delays persisted. Ultimately, it was on a petition that the Supreme Court ordered her due pension to be paid with arrears, in 2024 at 87 years of age. Did the authorities ever ponder over as to how she survived with no bread-earner and with no pension for nearly six decades? The apathy appears deplorable yet with no accountability. All such cases certainly deserve sympathy and an empathic attitude.
Now take another two cases of criminal acts that have been revived for investigation and trial respectively. The first one relates to criminal proceedings against a Kerala MLA and former minister that was closed three decades back and will now be reinvestigated on the orders of the Supreme Court in 2024. In the second case, Delhi High Court has ordered, in 2024, the continuation of a trial in a case relating to 1984 riots and Sikh genocide. The angst and agony of persons involved in both cases is imaginable but courts strive for ultimate justice, notwithstanding delays. Here it may seem pertinent to allude to the German Criminal Code that stipulates that criminal proceedings lapse, in case the trial is not over in 20 years from the occurrence of the crime. Perhaps, this may not generally suit Indian psyche and motivations for several reasons.
—Dr G. S. Sachdeva is Professor Emeritus, Chandigarh University
The post Delayed Judgments appeared first on India Legal.