The pendency of cases in the courts of national Capital is a cause of concern as it has gone up according to the data of National Crime Record Bureau (NCRB). However, the silver lining is that the conviction rate has increased as compared to the previous years.
As per the released NCRB data of 2015, the pendency rate of cases in courts has increased from 84.3 per cent in 2014 to 88.9 per cent in 2015.
Despite the high pendency rate, the increased conviction rate is a sigh of relief, with 2015 witnessing 49.2 per cent as compared to 43.7 per cent in 2014.
According to the data compiled by NCRB, the total number of cases for trial during 2015 was 1,90,382, which got reduced to 1,69,576 by the end of year. The number of cases in beginning of the year 2014 were 1,36,313 which shot up to 1,46,587 in 2015.
An interesting point to be noted in the data is that of disposal of cases through plea bargaining which has increased in 2015 to 264 as compared to 246 in 2014. The cases which were withdrawn in the year 2015 were 832 and in 2014 it was 959.
Plea bargaining is Pre-trial negotiations between the accused and the prosecution during which the accused agrees to plead guilty in exchange for certain concessions by the prosecution.
From time to time, several reasons have been talked about and discussed by judiciary and law makers regarding the pendency of cases. According to Amit Khemka, senior Delhi High Court lawyer, shoddy investigation is one of the primary cause behind the pendency. "The chargesheets filed are rarely in time with Investigation Officers being transferred every now and them. it is the result of shoddy investigation on the part of police and other investigation agencies also leading to the delay."
Khemka also points out lack of sensitivity by lawyers and litigants. "The lawyer sat times forget they are here to get justice for their clients but they drag the case for earning money. Even the litigants for personal enmity drag the case for long."
According to a practicing trial court lawyer Sandeep Sharma, The number of holidays courts get reduces the number of working days, thus delaying the court proceedings. He adds, the specialised courts are less and even fast track courts are now consuming years to complete a case.
One of the foremost reason here is the fewer number of judges as compared to the number of cases. The lawyers' strike from time to time also creates a hindrance in court proceedings.
Not many people know that the number of miscellaneous applications also amounts to slow proceedings in the case. "The parties involved keep adding miscellaneous applications which eat up a large amount of courts' time preventing it to conduct the main case.