The recent news flagged by the Supreme Court about hundreds of criminal cases in Maharashtra where charges have not been framed for decades is nothing short of shocking Shocking: Supreme Court flags hundreds of criminal cases in Maharashtra where charges not framed for decades. This revelation, reported by Ritwik Choudhury for Bar & Bench, underscores a profound systemic failure that denies fundamental justice to countless individuals. How can a society function justly when its legal machinery grinds to a halt for decades, leaving accused and victims alike in an agonizing limbo?
This isn't a new concern for me. I’ve often reflected on the glacial pace of our judicial system. Years ago, I wrote about the sheer volume of pending cases in India and the stark contrast in the judge-to-population ratio compared to countries like the USA and UK. In my blog, "Justice at Warp Speed" Justice at Warp Speed, I highlighted the remarkable efficiency of Lok Adalats in disposing of hundreds of thousands of cases in short periods, demonstrating that faster resolution is indeed possible when the will is there.
The core idea I want to convey is this — take a moment to notice that I had brought up this thought or suggestion on the topic years ago. I had already predicted this outcome or challenge, and I had even proposed a solution at the time. Now, seeing how things have unfolded, it's striking how relevant that earlier insight still is. Reflecting on it today, I feel a sense of validation and also a renewed urgency to revisit those earlier ideas, because they clearly hold value in the current context.
Indeed, I delved deeper into the root causes of judicial delays in "An App Called 'AdJourn'" An App called AdJourn (and its similar iteration, you too can embrace technology). In that post, inspired by an article discussing the BMC tracking its counsels, I pointed out how lawyers could prolong cases for years through adjournments. I even mentioned specific individuals like K K Sanghavi, Anil Sakhre, G E Vahanvaty, E P Bharucha, S U Kamdar, Ramesh Bhat, Pallav Sisodiya, J Rais, B L Chabbria, Subhash Vyas, and activist Anil Galgali, who had shed light on the substantial fees paid for these protracted cases. I proposed a performance-based fee structure for lawyers, incentivizing quicker case resolution with bonuses for efficiency and penalties for delays. Furthermore, I envisioned a digital solution, an app named "AdJourn," to bring transparency to case statuses and adjournment dates, ensuring accountability not just for lawyers but for the entire judicial process.
The issue of charges not being framed for decades, as highlighted by the Supreme Court in Maharashtra, resonates deeply with the need for such systemic accountability. Whether it's lawyers intentionally seeking adjournments or procedural inefficiencies within the court system, the outcome is the same: justice delayed is justice denied. The principles of transparent tracking, performance incentives, and leveraging technology to streamline processes are more critical now than ever.
It is disheartening to see these fundamental challenges persist, yet it also strengthens my conviction that the solutions I outlined years ago—focused on efficiency, transparency, and accountability—remain profoundly relevant. It's time to revisit these ideas with renewed vigor and ensure that technology truly serves justice, preventing future generations from suffering the agonizing wait that currently defines hundreds of cases in Maharashtra.
Regards,
Hemen Parekh
Of course, if you wish, you can debate this topic with my Virtual Avatar at : hemenparekh.ai
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