Snail-paced trials leave under trial prisoners in the lurch

BHUBANESWAR: The embarrassing incident of a undertrial prisoner hurling a slipper at a judge in Puri in apparent frustration over the snail-paced trial has highlighted the huge backlog of cases piling up in different courts, including the Orissa High Court.
Going by the annual statement of high court, around 2,71,242 civil (both main and miscellaneous) and 30,072 criminal (main and miscellaneous) cases were pending for disposal in the high court as on December 31, 2011.The high court disposed nearly 52,228 civil (both main and miscellaneous) and 42,207 criminal (main and miscellaneous) cases between January 1, 2011 and December 31, 2011. A total number of 71814 civil and 42944 criminal cases were instituted in the main as well as miscellaneous categories in 2011.
Sources said about 102355 civil suits, 9179 civil appeals and 4053 civil miscellaneous appeals were pending for disposal in all the lower courts (subordinate judiciary) in Odisha in 2011. Similarly, nearly 4405 criminal appeals and 2111 criminal revisions were pending for disposal last year. The subordinate judiciary disposed 1264 criminal appeals and 1092 criminal revisions in 2011. Lower courts in Cuttack have the maximum number of pendency (nearly 800) in criminal appeal and revision cases, sources said.
"There is a standing instruction of High Court that the cases of under trial prisoners (UTP) should be disposed within six months. If delayed, a sense of frustration arises in accused. Trial should be expedited through video conferencing in jails," a retired district judge, Rabi Sankar Mishra, told TOI.
More than 13,000 UTPs are languishing in 70 jails in Odisha, sources said. "To prevent recurrence of the slipper-hurling incident in future, government should conduct inquiry as to how many UTPs are cooling their heels for years together," Mishra said. "If I were the judge, I would not have taken a punishing stand on the accused who threw the slipper. Instead, I would have explained to him the factor leading to the delay and assured him of speedy disposal of his case," Mishra added.
Some lawyers alleged that the police in connivance with some tainted court employees do not produce UTPs in courts in every 15 days, causing frustration among inmates. "Qualitative and time-bound justice delivery can be possible only when government creates adequate number of judicial officers in proportion to the multiplicity of litigations. Infrastructural development can counter the menace of inordinate delay in disposal of cases," said senior high court lawyer Bibhu Prasad Tripathy.
Sources said 18 district judge, 38 senior civil judge and 17 civil judge cadre posts were lying vacant in district and subordinate courts in Odisha as on December 31.
Lawyers found flaw with police for tardy progress of trials. "Investigating officers should act fast in producing evidences. Judges should not linger disposal if police fail to submit evidence in time," another lawyer Sidhharth Das said.