For next 12 months, 26 students of National University for Study and Research in law (NUSRl), Ranchi will get real-time exposure to functioning of the justice system, moving to 24 districts and dig out major bottlenecks, which have hold up justice for years and even decades, and then suggesting measures to cut down the inordinate delays.
They have been trusted by Jharkhand Judicial Academy to undertake a study, sponsored by the Union Ministry for law and Justice.
At present, these students are going through a maze of case files at Ranchi civil court, studying the life cycle of a case and get to know the logjam which resulted into delays in timely justice.
“There is a huge gap between what we study in the classroom and how the law actually works at the ground level,” said Shivani, a law student.
“There is a lot of scope in improving the system,” pointed out Bhavna, another law student.
Judicial Academy, Director Gautam Chaudhary said that the research project is first of its kind and an attempt will be made to collect data of all the pending cases, study the lifecycle of disposed of cases and to further take necessary inputs from the various stake holders in the criminal justice system in order to arrive at an empirical finding regarding the causative factors behind the delays in criminal justice dispensation.
“On the basis of these findings some concrete measures, proposals for judicial reforms will be mooted to achieve the objective of speedy disposal of criminal cases,” he added.
Principal Judicial Commissioner A V Singh said we often talk of speedy justice, but it was necessary to find out why the system, in some cases, is not delivering timely justice.
Dr Shyamla of NSURl said that they have to study the cases from the day an FIR is lodged till the judgement is delivered. “We have to find answers to queries like why should a case of attempt to murder drag for 22 years; what the law says about such trials and how such delays be cut down,” she pointed out.
The research team has to find out the cases in which chargesheet has been submitted and are pending for appearance of accused for more than six months either before or after charge/substance of accusations.
They will also be collecting data about the cases in which an accused has been declared absconder under Section 299 Cr.P.C and pending for evidence in his/her absence.
The team will also collect statistics about the cases where the proceedings under Section 299 of Cr PC have been concluded and the record is consigned to record room and also the cases pending for appearance of accused for more than six months after issuance of summons
The research team will also find out the complaint cases in which accused has been declared an absconder; the procedure under Section 299 of Cr.P.C has been drawn and the case is posted for
evidence in absence of an accused.
The cases in which trial has been delayed for more than six months due to misuse of bail will also come for scrutiny. The team will also collect data about the cases in which the trial has been delayed for more than one year.
Notably, a study, sponsored by the United Nations Development Programme (UNDP), undertaken some eight years back, had revealed the stereotypes of indifference and inefficiency in the administration of justice in the lower courts in Jharkhand.