Having had the pleasure of working with Mr. Kapil Sibal, a designated Senior Advocate at the Supreme Court of India, while interning at the chambers of Advocate Haris Beeran, an experienced practitioner at the Supreme Court of India, I've individually acknowledged the evolution of India's legal landscape. In the words of prominent jurist Sir William Blackstone,
"It is better that ten guilty persons escape than that one innocent suffer. " (1)
Before 2014, India's judiciary exemplified this principle, standing as an icon of judicial independence, carefully upholding the rule of law and shielding fundamental rights. However, the subsequent years, marked by the rise of right-wing politics, have raised concerns about the autonomy and impartiality of the judiciary. This essay reflects my insights during this transformative period and my perception of the challenges.
On April 11, 2023, I paced into the world of legal advocacy, under the supervision of Advocate Haris Beeran and his crew in their chase of justice for Abdul Nazir Maudany in the case Abdul Nazir Maudany v. State of Karnataka (2). Maudany's case was symbolic of the delay endemic to the Indian legal landscape. A political leader and an Islamic scholar, Maudany had been entangled in a legal battle for over a decade. The delayed legal saga was initiated in 1998 when Maudany was arrested on conspiracy charges. His ride through the legal labyrinth had seen periods of imprisonment, followed by stays and this case serves as a stark reminder of the human cost incurred when justice is perpetually deferred.
As an intern, I was assigned to arrange briefing notes for Senior Advocate Kapil Sibal, who was appearing for Maudany with Haris Beeran. This task provided me with an opportunity to probe into the sophisticated facts of the case, but it also opened me to the hindrances that accompany a case tangled in the web of legal delays.
The proceedings were a painstakingly sluggish process. Courtrooms were occupied with arguments, counterarguments, and adjournments. On April 13, 2023, I was granted a litigant permit application to attend the Supreme Court hearing. The judges presiding over the case weighed various factors, including Maudany's health condition and trial completion. Yet, the delay tactics, including the defence’s failure to file an affidavit, further prolonged the case.
In the dominion of jurisprudence, there are occasions where justice, though delayed, ultimately prevails. Such an occurrence transpired when Abdul Nazir Maudany was granted bail relaxation, contingent upon his receipt of medical care in Kerala and periodic reporting to a local police station (3). This is striking as a long-awaited victory, following a decade of legal battles, lost opportunities, and personal tribulations that spoiled the tranquillity of his life.
However, Maudany's condition is not a remote phenomenon but rather just an example of a larger systemic issue. Consider, for instance, the Rafale fighter jet deal in Manohar Lal Sharma v. Narendra Damodardas Modi (4), which serves as a symbol of governmental cloudiness. The hesitancy to disclose valid information to the Supreme Court has, regrettably, not only postponed proceedings but also trouped fogginess of suspicion upon the fairness and transparency of the arrangement.
In the case CBI v. State of Manipur and Others (5), the sentiment of Manipur, an unsolved case linking two women endangered to public humiliation by parading them naked in public, this case lingers to adjournment, representing an egregious instance of justice delayed. Allegations of administrative defence of the criminals have left these women grappling with existences of unresolved suffering.
Umar Khalid, in the case Umar Khalid v. State Of National Capital Territory Of Delhi (6), related to anti-CAA protests, remains in custody, denied bail even though the an absence of conclusive evidence associating him with any act of violence. The fact that he has spent over two years in detention only aids in underlining the injustice of extended detention deprived of clear justification.
Similarly, Stan Swamy, an elderly individual implicated in the Bhima Koregaon violence in the case of Romila Thapar & Ors. V. Union of India & Ors (7), was denied bail, despite his weak health, a decision that initially climaxed in his shocking demise within the confines of a jail cell in 2021. In this case, the court only recognized his right to health while turning a blind eye to the possibility that he might die and his consequent right to die with dignity. This was a failure of judgment with grave consequences.
These cases together serve as clarifying cases within India's extensive landscape of delayed justice. The government's recourse to tactics that delay justice ranges beyond these cases, hampering the course of justice and damaging the principles of a rightful society by manipulating the law and order for the sake of their Right-Wing Dirty Political Agenda. Such governmental behavior poses a substantial threat to the fundamental pillars of the rule of law and judicial independence. The imperative of holding the government responsible for its engagements is self-evident, guaranteeing that justice remains a possible desire for every citizen, rather than a distant dream.
The results of these delays extend well beyond the precincts of courtrooms. India's staggering backlog of cases, exceeding 4.5 crores as of September 2021, leaves innumerable lives in abeyance (8). The peal spreads beyond the financial, exacting a heavy expense upon livelihoods, homes, and, in some heart-wrenching circumstances, even lives. The emotional and psychological suffering, immeasurable in nature, coupled with the erosion of public trust in the justice system, stimulates reflective concerns.
The clarion call for reform resounds explicitly in these accounts of delayed justice. Justice, though delayed, should never be denied! But justice delayed is justice denied. The pursuit of a more effective, reasonable, and responsible legal system in India remains an irresistible action, preventing the advanced enclosure of narratives of suffering within its legal chronicles.
My internship at Advocate Haris Beeran's chambers provided a deep insight into the complex undercurrents of the Indian justice system. While admirable governmental efforts to address delays are evident, there is an urgent and compelling need for comprehensive reforms. The government, entrusted as the agents of the people's welfare and the custodians of individual freedoms, must refrain from misusing legal processes for political manoeuvring. Perpetuating the sanctity of this role is overbearing. To resolve the state, a united endeavor is essential. We must strive for a justice system that is both freely handy and hasty in its dispensation. This necessitates increasing the number of unbiased judges and courts, restructuring legal procedures, and actively approving alternative dispute resolution mechanisms. By adopting these measures, we may transform justice from a detached ideal into a plain birthright accessible to all, ensuring that it is not just delayed, but genuinely assisted.
References:
- Stern, Simon, ‘Blackstone’s Criminal Law: Common-Law Harmonization and Legislative Reform’, in Markus D Dubber (ed.), Foundational Texts in Modern Criminal Law (Oxford, 2014; online edn, Oxford Academic, 20 Nov. 2014), accessed 5 Oct. 2023.
- 418-426/2023 in SLP (Crl).
- Sheryl Sebastian, ‘2008 Blast Case: Supreme Court Relaxes Abdul Nazar Maudany's Bail Condition, Allows Him To Reside In His Hometown In Kerala’, live law (17 July 2023).
- (2019) 1 MLJ 529
- 2023 LiveLaw (SC) 729.
- CRL.A. 173/2022.
- WP (Cri.) No. 2018.
- Vital Stats, ‘Pendency and Vacancies in the Judiciary; Supreme Court of India; National Judicial Data Grid for High Courts and Subordinate Courts’, pre-legislative research (2022).