(a) whether the decision of the Courts against the accused/litigants are delayed due to filing of plea after plea and by getting stay orders from the Courts as reported in the Times of India dated February 12,2001; and
(b) if so, the steps taken to find out the ways to deal with such type of shortcomings in legal system?
MINISTER OF LAW, JUSTICE AND COMPANY AFFAIRS AND SHIPPING (SHRI ARUN JAITLEY)
(a): Yes, sir
(b): Both Government and Judiciary are concerned with the
delays in delivery of justice. Admission of pleas and grant
of stay orders are matters which relate to judicial functions
of judges, and Government normally does not directly intervene
in such matters.
However, the Department of Justice has taken some
initiatives this year for reducing delays in the judicial
system. These include Setting up of Fast Track Courts for
expediting the disposal of long pending cases, priority being
given to cases involving undertrials in jails and all Sessions
cases pending for two years or more. A number of other steps
are being taken to streamline the judicial system of the
country which is an on-going and continuous process. Steps
are being taken to simplify the precedures and speed up the
disposal of cases on the basis of the advice and
recommendations of expert bodies like the Law Commission, the
Malimath Committee etc. Keeping this in view, the Criminal
Procedure Code (Amendment) Bill, 1994 has been moved in
Parliament. The Law Commission, in its 154th Report has also
made a number of recommendations on the Code of Criminal
Procedure 1973. Steps have been taken by the High Courts and
subordinate courts to reduce and control arrears of cases
pursuant to the recommendations of the Malimath committee.
Other steps include increase in the number of posts of
judges/judicial officers, establishment of Special
courts/tribunals, appointment of Special Judicial/Metropolitan
Magistrates and adoption of alternative modes of dispute
resolution, such as, arbitration and conciliation. Lok
Adalats have been given a statutory base as supplementary
forum for resolution of disputes. Efforts are also being made
for improvement in the infrastructure of all courts including
the District courts through extensive use of information
technology.
A Centrally Sponsored Scheme relating to development
of infrastructural facilities for the Judiciary is being
implemented from 1993-94 under which an amount of Rs. 407.69
crore has been released till January 2001.