2012 (2) TMI 730 - SC - Indian Laws

Summary

Issues Involved:
1. Prolonged pendency of criminal cases due to stay orders by High Courts.
2. Analysis of pending cases and their impact on the justice system.
3. Recommendations for improving the judicial system and reducing delays.

Summary:

Issue 1: Prolonged Pendency of Criminal Cases Due to Stay Orders by High Courts
In these appeals, the Supreme Court is concerned with the prolonged pendency of criminal cases due to stay orders issued by the High Courts. The case in question involves interlocutory orders passed by the Allahabad High Court, where the investigation and trial were stayed for an extended period. The stay order dated 9.4.03 and several subsequent orders have been impugned in these appeals. The Supreme Court noted that the writ petition had been pending for six years as of the filing of the SLP.

Issue 2: Analysis of Pending Cases and Their Impact on the Justice System
The Supreme Court directed the Registrars General/Registrars of all High Courts to furnish reports on cases where proceedings have been stayed at various stages, including registration of FIR, investigation, framing of charges, and trial. The analysis revealed significant findings:
- Murder cases accounted for 45% of all pending cases.
- About 8% of cases had been pending for six years or more.
- Four High Courts (Calcutta, Allahabad, Patna, and Orissa) accounted for 76.9% of all pendency.
- The average pendency per case was around 7.4 years.
- The most common stage for stay orders was at the charge-sheet stage, accounting for 32% of cases.

Issue 3: Recommendations for Improving the Judicial System and Reducing Delays
The Supreme Court issued several directions to address the issue of prolonged pendency:
1. High Courts should dispose of cases where stay orders are issued within six months.
2. The Law Commission, headed by a retired judge, was requested to undertake an inquiry and submit recommendations on creating additional courts and other measures to eliminate delays and reduce costs.
3. Both the Central and State Governments were directed to assist the Law Commission in its inquiry.
4. The Law Commission was requested to submit its report within six months.

The Court emphasized that the right to access justice is a fundamental right under Article 21 of the Constitution. Prolonged delays undermine public confidence in the justice system and pose a threat to the Rule of Law. The Court also highlighted the importance of qualitative access to justice, not just quantitative.

The matter was scheduled to appear before the appropriate Bench for further consideration of the Law Commission's recommendations on 7th August 2012.