Criminal Cases Registered on Frivolous Grounds Making Indian Justice System an Object of Ridicule: Justice Ujjal Bhuyan
New Delhi: Justice Ujjal Bhuwan of the Supreme Court has said that frivolous criminal cases are making the Indian justice system an object of ridicule before the liberal democratic world. Justice Bhuyan pointed out that such cases registered over so many frivolous grounds including for consuming food, reciting poems and for participating in demonstrations, reported Bar and Bench.
He added that cases were also being registered for raising slogans, for commenting on social media, performing as a stand-up comedian and on several other frivolous grounds including titles and contents of books and movies.
Justice Bhuyan made the remarks while speaking on the topic 'ethics in criminal litigation and the duties of the defence and the prosecution' at 4th Discourse organised by the Centre for Discourses on Criminal and Constitutional Jurisprudence at the India International Centre in New Delhi on Thursday (September 17).
"The accusations are ridiculous and often borders on an affront to one's intelligence. Nonetheless, registration of such criminal cases continues unabated; not only that, in some cases chargesheets are also filed leading to trial," said Justice Bhuyan.
He added that trial courts must launch a special drive to weed out such cases.
Justice Bhuyan also cited data from the National Judicial Data Grid, which reveals that as on September 17, a total of 4.27 crore criminal cases were pending across all courts in India. Of these, 4.07 crore or 95.31% are before the trial courts, 19.84 lakh or 4.64% before the high courts and 22,143 before the Supreme Court.
"When you have so many cases clogging the court system with the system unable to cope with it, almost bursting at the seams, super-imposition of such frivolous cases has only added to the unworkable burden on the trial courts," said Justice Bhuyan.
"As I have said, these are only adding to the unworkability of the system with outcomes almost a foregone conclusion and making our system an object of ridicule before the liberal democratic world. The sooner we do it, the better it is for all of us," he added, reported Bar and Bench.
Justice Bhuyan also said that lawyers should not place the outcome above the process.
"A prosecutor who hides evidence to secure a conviction and a defence lawyer who tampers with a witness to secure an acquittal commit the same wrong: placing outcome above the process," said Justice Bhuyan.
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