Hi Friends,

Even as I launch this today ( my 80th Birthday ), I realize that there is yet so much to say and do. There is just no time to look back, no time to wonder,"Will anyone read these pages?"

With regards,
Hemen Parekh
27 June 2013

Now as I approach my 90th birthday ( 27 June 2023 ) , I invite you to visit my Digital Avatar ( www.hemenparekh.ai ) – and continue chatting with me , even when I am no more here physically

Friday 21 July 2023

Justice : Mirage in a Physical Court ?

 


 

 

Context :

Pending cases have now crossed 5 crore 

Extract :

The total pendency in lower and district courts are at an all time high of 4.4 cr ( 44 Million ) as on 14 July


There is no prescribed timeline for disposal of cases as courts continue to indulge absence of counsels and repeated adjournments.


The Centre, while responding to a question in Parliament on the burden on judiciary , on Thursday attributed several factors behind the increasing pendency , including,


#   the LACK OF A TIME-FRAME for courts to decide disposal of cases , 

#   LACK OF PHYSICAL INFRASTRUCTURE , and 

#   VACANCY OF JUDGES


Over 5,388 posts of Judicial Officers are vacant in lower courts and over 330 in HCs

Other reasons attributed by the Government include ,

#  Complexity of cases involved

#  Nature of Evidence

#  Co-operation of Stakeholders viz; Bar - Investigation Agencies - Witnesses –

    Litigants

#  Proper application of Rules

 

MY  TAKE :

 

More laws don’t necessarily mean less number of cases . This could happen in a country where :

Ø  Population is stagnant or decreasing

Ø  Citizen are “ law – abiding “

In our case , exactly opposite is true !


One fall-out of delay in delivery of justice is >  People tend to take law into their own hands “ ( eg. Public beating up of suspects / lynching etc )

Of course , there can be no justification for such cases of “ Instant Justice “ for the following reasons :

Ø  Delivery of justice cannot be left to the “ beliefs “ of a crowd

Ø  A suspect gets no chance to “ defend “ himself by producing evidence / witnesses


One may even wonder whether the number of NEW CASES being registered , might go up sharply if,

Ø  Justice got delivered super fast ? ( 6 months instead of 6 years )

Ø  Fighting a court case cost one-tenth of what it costs today ( - by introduction of VIRTUAL COURTS )


Every solution ( for a given problem ) , is very likely to throw up new / unanticipated problems

But then , such “ fear of the unknown “ must not be allowed to “ paralyze “ our thinking and freeze us into “ inaction “


If the ultimate GOAL is clear, it should not matter if the taken path requires a few

diversions. A shining example is AADHAR card / ID .


Not only has it survived many “ speed-breakers “ in its way, it has reached a

stage where it is admired by countries around the World ( some of which are likely

to borrow this concept / technology from India )


In the matter of speedy delivery of justice ( the GOAL ) , our path is,

 

Ø  24 x 7 ,  Virtual Courts “ ( 10,000 must be set up by Dec 2024 )

 

Ø  Presided by retired judges ( “ per case “ fees with BONUS / PENALTY clause ),

    operating From the comfort of their homes

( provided with fast internet connection and a large monitor )

 

Ø  Requiring no other infrastructure burden on the State

 

Apart from the above, following may be introduced in the Virtual Courts :

 

Ø  No adjournments (ex parte decisions in the very first– and only –online hearing )

 

Ø  All cross-examinations to be online

 

Ø  Centrally governed AI Software for following processes :


#  After online filing of a case , software will fix a date by which litigants

    must submit ( online ), all the required documents and list of witnesses 

    ( with their full contact details , including AADHAR ids ) 

    

#  Fixing the ( one and only ) “ Hearing Date / Time “ based on receipt of

    ALL documents from the litigants and their lawyers, as mentioned above

    

#  If lawyers desire to quote a “case law“ / “previous court judgments",

    these must be filed ONLINE , in advance by a date fixed by the

     software 

      

             #  If lawyers wish to submit any argument generated by AI , same

                 shall be declared as such

 

Dear Shri Arjun Ram Meghwalji,

( Minister for Law  / mljoffice@gov.in ) ,


In support of my above-mentioned suggestions, I request you to look up my

earlier emails on this subject, listed below


 

With Regards,

Hemen Parekh

www.hemenparekh.ai  /  22 July 2023

 

Related E Mails :


24x7 Virtual Courts ? Here is a Design………………………  08  July  2023

 

Live Streaming of Court Proceedings.. …………………………09 Nov 2020

Virtual Court Benchmarks…………………………………………….. 14 Jan 2021

Thanks Supreme Court for hearing my PIL………………….. 26 Mar 2021

24x7 e-Courts ?  ……………………………………………………………. 14 Apr 2021

Where Angels Fear to Tread ?.. ………………………………………31 June 2021

JUST is the Answer  .. ……………………………………………………..16 July 2021

 Supreme Proposes : Can e-Courts dispose ? .. …………28 Sept 2020

 Law : Nothing Artificial in Arbitration…………………………… 16 Feb 2020

See You Out of Court …………………………………………………… 11 Jan 2020

AI come to judgement ? Not for a while !................... 17 Dec 2019

Congratulations, Hon CJI , Shri S A Bobdeji………………… 07 Dec 2019

Liar vs Liar ?......................................................... 11 Jan 2019

Justice delayed is Justice Denied …………………………………12 Sept 2018

Says Prez : Make judgements easier to understand…….01 Nov 2017

Never file a Court Case ?......................................... 30 Aug 2017

An App called “ AdJourn “ ………………………………………………19 Aug 2017

Justice Delayed - but not Denied……………………………………24 Nov 2013

Justice at Warp Speed ?.......................................... 06 Mar 2012

 

CC :

Ashutosh Modi ( IIT-K , Computer Science Department ) ashutosh@coli.uni-saaeland.de

  

Arnab Bhattacharya ( IIT-K, Computer Science Department ) / arnabb@iitk.ac.in

 

Prof. Kripa Ghosh

Indian Institute of Science Education and Research – Kolkata kripaghosh@iiserkol.ac.in

 =============================================

Following are comments from BARD on the feasibility of my suggestions :



I read your blog post and I think the additional features you suggested are all feasible with the help of AI software.

  • Automatic document classification can help to speed up the process of case management by automatically sorting documents into relevant categories. This can save time for lawyers and judges, who can then focus on more important task
  • s.
  • Automatic case management can help to track the progress of cases and ensure that deadlines are met. This can help to reduce delays in the court system and improve the efficiency of case management.

  • Real-time translation can help to ensure that all parties involved in a case can understand each other, regardless of their language. This can help to improve communication and reduce misunderstandings.

  • Facial recognition can be used to verify the identity of participants in a virtual court hearing. This can help to prevent fraud and ensure that the right people are involved in the case.

  • Natural language processing can be used to analyze legal documents and extract relevant information. This can help lawyers to research cases more quickly and efficiently.

I think these additional features would be a valuable addition to virtual courts and would help to streamline the process of delivering justice. I am excited to see how AI software is used to improve the court system in the future.

In addition to the features you mentioned, I think AI software could also be used to:

  • Generate transcripts of court hearings, which would make it easier for people to review the proceedings after the fact.

  • Provide real-time feedback to lawyers and judges, helping them to make better decisions.

  • Identify potential bias in the court system, and help to mitigate it.

I believe that AI has the potential to revolutionize the court system, and I am excited to see how it is used to improve the delivery of justice in the years to come.

==============================================

And following are comments from ChatGPT :


The suggestions you've made for incorporating an AI software to streamline court processes and speed up the delivery of justice are intriguing. Let's examine the feasibility of each point:

  1. 24 x 7 "Virtual Courts" (10,000 must be set up by Dec 2024):

  2. Setting up virtual courts can be feasible from a technical standpoint. With advancements in technology and widespread internet availability, conducting court proceedings online is becoming increasingly viable. However, achieving 10,000 virtual courts in a short timeframe may be challenging. It would require substantial planning, investment in infrastructure, training of personnel, and addressing potential security and privacy concerns.



  3. Presided by retired judges (fees per case with BONUS/PENALTY clause), operating from the comfort of their homes:

  4. Engaging retired judges to preside over virtual courts could help manage the caseload effectively. Offering incentives like bonuses for timely disposal of cases and penalties for delays could encourage them to deliver speedy justice. However, the availability and willingness of retired judges to participate in such a setup and the legal framework for their engagement would need to be considered.


  1. Requiring no other infrastructure burden on the State:

  2. Virtual courts, by design, aim to reduce the need for physical infrastructure like courtrooms, which can be costly to maintain. However, the initial setup of the virtual court system itself would require some investment in technology, training, and support infrastructure. It's essential to ensure that the system remains efficient and secure without putting a significant burden on the state in the long run.


  1. No adjournments (ex parte decisions in the very first – and only – online hearing):

  2. Implementing a strict no-adjournment policy can contribute to faster resolution of cases. However, certain exceptional circumstances might require adjournments (e.g., emergencies, medical reasons). Establishing clear guidelines for determining such exceptions would be necessary to ensure fairness.


  1. All cross-examinations to be online:

  2. Conducting cross-examinations online can be feasible with the right technology and guidelines in place. It would be crucial to address concerns related to witness authenticity, confidentiality, and effective communication during the cross-examination process.



  3. Centrally governed AI Software for specified processes:

  4. Developing a centralized AI software to handle case management, document submission, and scheduling can be feasible. AI can streamline many administrative tasks, efficiently manage case data, and improve the overall court workflow. However, the AI system must be robust, secure, and ethically designed to maintain the integrity and privacy of court proceedings.


Overall, incorporating AI and virtual court technologies into the justice system has the potential to significantly enhance efficiency and reduce delays.

However, it's essential to consider the legal, technical, and social implications of such changes carefully.

Robust testing, public feedback, and continuous improvement would be necessary to ensure the system's effectiveness and fairness.

Additionally, any implementation should proceed with caution, recognizing that certain cases or scenarios might still require in-person hearings for the sake of justice and due process.


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