Mumbai, June 24: Over 1.54 lakh cases are pending before the Mumbai City Civil and Sessions Court, causing untold hardship to litigants.
As per the National Judicial Data Grid (NJDG), out of the 1.54 lakh pending cases, 30,595 are delayed because they are stayed for various reasons. In 6,790 cases, the courts are waiting for documents to adjudicate the matters.
The data further reflects that in 3,992 cases, the proceedings are held up due to the non-availability of counsel. In the case of the cheating of SIES Trust, the original FIR has been missing from the court records for more than a year.
Around 13,974 cases are older than 10 years, which includes 4,642 criminal cases, while 20,057 cases are older than five years, including 10,974 criminal cases.
Experts Flag Trial Delays
Experts believe that these delays cause major problems when it comes to trials, as in many cases either the witnesses are not available or the documents are lost.
Senior Special Public Prosecutor Prakash Shetty said, “When a case is delayed, the prosecution faces a major issue of non-availability of witnesses. And even if the police officials manage to trace the witnesses, the facts which otherwise would have been fresh in their minds would have faded from their memories, which gives a benefit to the accused.”
The other issue, as Shetty pointed out, was, “If the cases in which the accused are in custody are delayed, there comes a serious question of their personal liberty. The courts have considered the issue and given bail to many. But again, if they come out, there comes an issue of protection of witnesses who might be threatened or influenced by the accused.” There is a witness protection law, but it is rarely implemented.
Lawyers Call For Speed
Advocate Vaibhav Bagade, a noted criminal lawyer, highlighted that, “Delay in trial results in loss of interest of witnesses. Frustration due to delay further causes memory loss because of which the witness may not be able to recollect fine details of the incident, giving rise to omissions or unwanted improvement in the facts, which ultimately benefits the accused.”
“With delay in proceedings, the investigating agency too loses its pace. Either the officer is transferred or retired, and the new officer may not be aware of the finer details of the case. Besides, it may result in misplacement of valuable police records. Ultimately, the accused benefit and justice fails,” Bagade said.
Special Public Prosecutor Ajay Misar, who is representing the State government in many cases of serious crimes, emphasised the need for speedy trials. He said delay affects trials and criminal proceedings adversely. “The cases should be expedited in a way that it should help in bringing out the truth,” he said.
However, there have been cases where justice has been delivered speedily. He pointed to the case of the rape and murder of a three-and-a-half-year-old girl in Narsapur in Pune. Misar, who was appointed as the Special Public Prosecutor, said the case was decided in 55 days and the 65-year-old accused was held guilty.
Major Cases Delayed
2006 murder of Congress leader Pawanraje Nimbalkar: Nimbalkar, from Osmanabad, and his driver, Samad Abdul Wahid Kazi, were shot dead on the Mumbai-Pune Expressway on June 3, 2006. The case was delayed by 20 years, and the court last week acquitted all the accused, giving them the benefit of doubt.
2008 Malegaon blast case: On September 29, 2008, a bomb planted on a motorcycle parked between Anjuman Chowk and Bhiku Chowk went off at 9.35 pm in Malegaon, killing six persons and injuring hundreds.
The special NIA court, on July 31 last year, acquitted all seven accused, including former BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit, for want of evidence.
Also Watch:
Adarsh Housing Society scam: The case is still pending as it is stayed by the higher courts. The CBI, in an FIR registered on January 29, 2011, had named 14 accused, including former Chief Minister Ashok Chavan, in the case.
The 31-storey Adarsh building in Colaba is embroiled in controversy as it is alleged that the land was originally designated for Kargil war heroes and widows, but the apartments were instead illegally allocated to politicians, bureaucrats and military officials.
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