The perception that adjournment has become a part of the judicial system is disheartening, underlined Chief Justice DY Chandrachud on Saturday, adding that it prolongs the agony of litigants and perpetuates the cycle of backlog.
“One of the major issues is that of “adjournment culture.” This practice, characterized by repeated requests for delays in proceedings, has far-reaching implications for the efficiency and integrity of our legal system,” said the Chief Justice addressing the All India District Judges Conference at Dhordo in Gujarat’s Kutch.
“The issue of adjournment and tareekh pe tareekh prolongs the agony of litigants. Common citizen feels that adjournment is part of judicial process and my experience is that it is easy to decide a complex case with a judgment than to persuade a lawyer to argue a case,” he said.
The Chief Justice also expressed concern that the longstanding principle of “bail is the rule, jail is the exception” is losing ground with district courts hesitating to deal with matters involving personal liberty.
“Imagine a victim of sexual assault whose case remains unresolved in the courts for several years. Isn’t this a clear violation of their fundamental right to access justice? The concept of access to justice should extend beyond mere access to the courts; it should also guarantee that citizens receive timely judgments from courts of law,” said the Chief Justice.
While even one adjournment might look like a routine affair, it can have severe ramifications for the litigants, said the Chief Justice.
“Often, the outcome of the legal battle never comes to light during the farmer’s lifetime. Instead, the burden falls upon their legal heirs, who find themselves embroiled in protracted legal proceedings long after their loved one’s passing. We should not wait for our citizens to die for their case to be decided by a court of law,” the Chief Justice said.
Courts nationwide, the Chief Justice noted, are grappling with a significant backlog and an “alarming level of pending cases”. This backlog and pendency of cases present a formidable challenge to the efficient administration of justice and the timely resolution of legal disputes, he said.
“Addressing the backlog and pendency of cases requires a multi-faceted approach encompassing systemic reforms, procedural enhancements, and the deployment of technological solutions. Efforts to streamline court procedures, expedite case disposal, and promote alternative dispute resolution mechanisms can help alleviate the burden on the judicial system,” said the Chief Justice.
Technology can be a great tool for improving efficiency, the Chief Justice noted.
“Just as sunshine is said to be the best disinfectant, I believe that technology is the best tool at our disposal to eliminate the inefficiency and opacity surrounding judicial processes,” he said.
Emphasising the importance of inclusivity and diversity in the judiciary, Chief Justice Chandrachud said much improvement has been made towards achieving greater gender representation with women now constituting 36.3 per cent of the working strength of the district judiciary.
“However, while progress has been made in terms of gender representation, there remains a pressing need to ensure that our judicial institutions are truly inclusive and accommodating for all,” he added.
Judges should not be unduly affected by criticism and commentary on social media, he said.
“In recent times, there has been a noticeable increase in judges facing criticisms and commentary on social media platforms. And let me tell you, I have had my fair share of scrutiny too! Even if I say just a single word on the bench, it seems to get reported faster than a speeding bullet. But, should we, judges, be unduly affected by this? The role of a judge is to dispense justice impartially, without being swayed by external pressures or public opinions,” said the Chief Justice.
