A timely intervention

The honourable Supreme Court has passed a very significant order regarding the delay in pronouncing of judgments even after concluding the proceedings and reserving for orders. The court has rightly observed that it is in violation of a person’s fundamental rights. Our jails are overflowing with under trials and some have already passed jail time equal to the maximum sentence. This is the most serious indictment of our justice delivery system. Delay in pronouncing of judgments adds to this ignominy. While judicial proceedings cannot be bound by time as everyone is entitled to fair hearing to the satisfaction of both procedures and merit, delay after concluding proceedings is not acceptable. Though it is only a minor factor in the huge pendency in our courts. The structural insufficiency of catering to large and complex society with evolving institutions is a challenge not only for the judiciary but to a greater extent for the executive. Such delays erode the legitimacy of the entire system and make room for extra constitutional authorities usually “strong men” dispensing justice. The acceptance such persons have in our society and polity is evident in our legislatures.  This leads to a vicious cycle of criminalizing more and more people and increasing the scope of informal and illegal often parallel systems. While welcoming the current order we need the courts to take larger measures to address this subversion of justice.