PK MAM
The issue of mounting pending cases in Indian courts, now in the crores, continues to raise significant concerns. Equally troubling is the immense struggle prosecutors face in securing convictions, often hampered by the inability to provide foolproof evidence. This inadequacy frequently results in unfavorable verdicts, making justice seem like a hard nut to crack.
In this piece, rather than revisiting the many reasons for these delays (which I detailed in my 2022 article), I focus on the specific challenges that hinder legal practitioners and prosecutors from achieving justice for their clients.
As mentioned earlier, addressing these fundamental issues is crucial. One promising solution lies in the integration of technologies like artificial intelligence (AI) which could streamline the judicial process and significantly reduce case pendency. For instance, an Argentinian software has been suggested as a model for how India’s courts could operate as efficiently as its passport offices:
Passport to Justice: Can AI help cut pendency dramatically? An Argentinian software suggests how India’s courts can work as smoothly as its passport offices.
Link to Article
India’s judicial system faces an enormous backlog of cases, undermining public confidence in law enforcement and governance. The failure to resolve cases in a timely manner not only lowers conviction rates but also weakens the law and order machinery, enabling offenders to evade justice.
A major issue is the inability of prosecuting officials to secure convictions due to insufficient evidence or procedural challenges. This shortcoming leads to unfavorable verdicts and tarnishes the credibility of the justice system. As a result, the perception grows that justice is selectively applied, which erodes public trust. This erosion can lead to a breakdown in social order, as frustrated citizens may lose faith in the system’s ability to deliver justice.
Impact on Law and Order
Delayed justice directly affects law enforcement’s ability to maintain order. When cases drag on, victims are left without closure, while perpetrators often remain free, contributing to a culture of impunity. This not only demoralizes the police and prosecutors but also weakens their resolve to pursue future cases with diligence. The consequence is a significant drop in conviction rates, which undermines the deterrent effect of the law.
This inefficiency also increases the workload of law enforcement agencies, who must continue to track cases that should have been resolved, draining resources and energy. Over time, the system becomes overwhelmed, making it nearly impossible to deal with new cases effectively.
FATF Concerns: Terror Financing and Money Laundering
The Financial Action Task Force (FATF) has raised alarms about India’s sluggish judicial process, particularly in cases of terror financing and money laundering. Over the last decade, the Enforcement Directorate (ED) registered around 5,000 cases of money laundering and terror financing but was able to complete investigations in only 2,300 cases, leading to fewer than 50 convictions. This slow progress in high-profile cases is a significant concern, as it weakens India’s ability to combat financial crimes and affects national security. Delays in prosecuting these serious crimes not only embolden criminals but also damage India’s reputation on the global stage, raising questions about its commitment to fighting terrorism and corruption.
Addressing the Pendency: The Way Forward
To reduce pendency in court cases, judicial reforms must be prioritised. Fast-track courts for specific cases, along with digitization and case management systems, can greatly reduce delays. A critical area of concern is the dismally low number of judges per million population. Addressing this shortage is essential for efficient case resolution. Additionally, subordinate courts often lack basic infrastructural necessities such as sufficient courtrooms, proper toilet facilities, and adequate staff. Improving these facilities is crucial to ensuring that the lower judiciary functions smoothly.
Furthermore, emphasis should be placed on using advanced Forensic Tools by the concerned departments to expedite the evidence-gathering process, making investigations more efficient and swift. This will ensure stronger cases are built, leading to timely convictions. Legal education must also evolve to prepare future lawyers for the practical challenges of law. Law schools should focus not only on theory but also on essential skills like evidence gathering and case management, ensuring that students are equipped to handle the realities of legal practice.
Conclusion: The pendency of court cases is a serious issue that impacts both law enforcement and the public’s confidence in governance. Pertinent to note, in such cases, undertrials often face endless delays, with many spending more time in jail than the maximum sentence they would have served if convicted. Additionally, numerous innocent individuals remain imprisoned without a fair trial, further highlighting the need for swift and just legal proceedings.
