A bold initiative by the judiciary

The Supreme Court’s directions with regard to bailing out those prisoners on personal bond who have been undertrials but have already spent more than half the likely jail terms for their offences may, prima facie, appear to be a grand judicial reform. The sweeping measure, which will also help tackle the problem of overcrowded jails, is an indictment of a judicial process riddled with delays in court that are made worse by bureaucratic lethargy. A bail bond as a civilisational tool is an accepted practice in democracies; it gives some relief to persons charged with crimes from undue delays in their cases.

By making an exception of those charged with heinous crimes like murder or terrorism, the judicial system makes a clear and welcome distinction. However, rhetorical questions regarding whether arrests are the only way to bring people to justice are perhaps too advanced in a society in which huge discrimination already exists between the haves and the have-nots when it comes to remaining free while the courts mull a verdict. When we see politicians charged with graft, including finger-dipping in the Treasury, roaming around freely while undertaking all kinds of political work, it makes us wonder whether there is in reality a two-tier justice system.

The laying down of clear guidelines in the matter of fast-tracking the criminal justice system — down to the precise schedule of magistrates and judges to attend to jails for enumeration and release of undertrials, is to be welcomed. It is a bold initiative involving both the judiciary and the executive so that there is no delay on the part of either. While civil cases are always vulnerable to inordinate delay since dilatory tactics are likely to be used by one or the other party as a legitimate tactic, there is a pressing need for criminal cases to be decided upon in the earliest possible time in order that the sanctity of the laws be upheld.

The government has also shown great urgency in speeding up trials against politicians charged in criminal cases. Given the number of cases that have piled up in the country, a major infrastructure boost is needed in the judiciary. A funds crunch has often been cited as the reason for governments not being able to help. If the new government at the Centre is serious about quicker dispensation of justice, it should be able to find a way to finance the upgrading of court infrastructure and enhance the number of judges and judicial officers to ensure justice is not delayed. As the government is often the principal litigant, it would do well to help the courts take the problem head-on.