Needless to say, the order passed by the Sessions Judge and confirmed by the High Court was set aside. Nowhere was the High Court pulled up for not noticing these puerile and unacceptable reasons given by the sessions judge while granting a death sentence.

The late Ram Jethmalani once argued in a criminal trial before the Sessions Court (Pudukkottai), argued the appeals before the Madras High Court and later, in the Supreme Court, circulated a note which was then quoted in a magazine:-

“Curiously, the judgment of the apex court does not even mention this serious argument, and today my students in the law college and the devotees of the swami the world over are asking: “ Does India law allow police officers to beat witnesses and does it allow the court to act on such tainted evidence?” My only answer is that our law and legal system are civilized but some Gentlemen in Black who have no experience or understanding of the system, who in all honesty and in conscience should refuse themselves from hearing complex matters of criminal law, are giving it a bad name.

This incident calls for introspection on the method of the selection of our judges of the superior court.” (The Asian Age, 2005)

Coming to the case of Justice Prashant Kumar attempting to sustain a criminal proceedings, though it was essentially a civil one, on the ground that civil matters often got delayed, it must be noted that a few decades ago the ratio between civil and criminal cases was almost equal. But it has undergone a dramatic change and in the state of Uttar Pradesh, where today it is distributed in a ratio of 25 :75.

In a speech made at the Karnataka Judicial Academy, Justice R.V.Raveendran said:-

“After independence, for several years, the num ber of civil cases and number of criminal cases pending in courts were of equal proportion. Gradually, the proportion of criminal cases has increased. At present, out of the 27.5 million cases pending in trial courts in the country, only about 83 lakhs are civil cases and 192 lakhs are criminal cases, that is, a ratio of 2: 5. I n most of the States, the criminal cases far outnumber civil cases. In the states of Bihar, West Bengal, Madhya Pradesh, Orissa, Uttarakhand and Delhi, the ratio between civil and criminal cases is around 20: 80; in the states of Uttar Pradesh, Chattisgarh, Assam and Rajasthan the ratio is around 25: 75; in the states of Maharashtra, Gujarat and Kerala, the ratio is around 35: 65; and in the states of Andhra Pradesh (united), Punjab, Haryana and in Chandigarh and other union territories, the ratio is almost equal, that is 50: 50. The exceptions appear to be only Karnataka and Tam il Nadu where the civil cases are much more and the ratio between civil and criminal cases is 60: 30.

It is stated that the existing skewered ratio on account of high pendency of criminal cases shows that the com m on m an is losing confidence in the judicial system (on account of delays, uncertainty of outcome, inflexible results, high costs, etc); and as a result more and more are disinclined to approach civil courts for relief and take law into their own hands, thereby increasing crimes and consequently increasing the criminal cases.”

(2022 (8) SCC J-1)

The Supreme Court must be aware that cheque bouncing cases, which were originally heard by civil courts under Chapter 37 of the Code of Civil Procedure, were taken out and incorporated as a criminal case to be tried by the magistrates under Section 138 of the Negotiable Instruments Act. Today the filing of such cases before the criminal courts have crossed more than 2.5 million in number and virtually derailed the trial of accused for offences under IPC.

If only the Supreme Court realises the reason for the explosive increase in the filing of criminal matters, it could work towards finding methods to redeem from that position so that an ideal balance could be retained. Unfortunately, the Court has chosen to pull up a High Court judge for his observation in a criminal matter and then punished him permanently by imposing a ban on his hearing criminal matters all the way till his retirement —a move that was totally unacceptable and uncalled for.

Judicial Accountability

Justice Ujjal Bhuyan rings the warning bells on judicial independence

Justice Ujjal Bhuyan rings the warning bells on judicial independence

Latest in Judicial Accountability

Reimagining judicial appointments: Why India needs a Judicial Council

Judgement Summary: Supreme Court upholds impeachment proceedings against Justice Yashwant Varma

Supreme Court flags procedural lapses in impeachment of Justice Yashwant Varma

What happens when a High Court judge refuses to be transferred despite the President’s order?

‘Serious questions over impartiality’: Over 100 opposition MPs submit motion for Madras HC judge Justice G.S. Swaminathan’s removal

A Dalit Chief Justice in a Hindu majoritarian India

‘If moral foundation of the bar weakens, judiciary cannot stand tall’: International panel consisting Justice Murlidhar observes in New York Bar Association event

Government notifies transfer of Justice Atul Sreedharan to Allahabad HC as reasons remain in wraps

At government’s request, Justice Sreedharan recommended for transfer to Allahabad HC instead of Chhattisgarh HC

Union clears transfer of eleven High Court judges; among them Justices Arun Monga and Tara Vitasta Ganju of the Delhi HC

Vantara case: When it comes to SIT honorariums, the Supreme Court has followed no rhyme, no rhythm

In latest appointments to Allahabad HC, government withholds names of two lawyers - among them the sole Muslim candidate

Justice Pancholi’s appointment overlooked key potential CJIs from underrepresented HCs and minority communities

Justices Alok Aradhe and Vipul Pancholi sworn in to the Supreme Court as questions continue to linger

14 High Court judges recommended for transfer by Collegium even as reasons for transfer remain undisclosed

Justice Nagarathna’s Collegium dissent opens doors for more questions

As Collegium recommends Justices Alok Aradhe and Vipul M. Pancholi to Supreme Court, senior women judges superseded

The art of speaking only that which serves justice

“The institution failed me”: Judge Aditi Gajendra Sharma’s account of defiance

Speaker Om Birla constitutes three-member Inquiry Committee in probe against Justice Yashwant Varma

Bench led by Justice Pardiwala modifies August 4 order prohibiting Allahabad HC judge to hear criminal matters over “erroneous” order

Our Constitution protects dissent, not just devotion

Pot calling the kettle black?

Supreme Court dismissed Justice Yashwant Varma’s plea against his removal recommendation

Are the judges free from caste bias?

Supreme Court reserves judgment on Justice Yashwant Varma’s plea, questions his conduct

“Why did you appear before the inquiry panel, if you now dispute the legality of the procedure it followed?”: SC quizzes Justice Yashwant Varma

Justice Varma’s writ is an occasion for the judiciary to hold mirror to what it has become

A High Court directive curbing automatic remand for social media posts lays bare the persistent gaps in law and enforcement

Union notifies five transfers to Delhi HC, reshuffles seniority hierarchy

On uncertain freedom of speech and enforced silences

Supreme Court’s adoption of roster system for appointment of SC, ST candidates came thirty years too late and yet more is to be done

By restoring an archaic senior designation process, the SC took away more than it aimed to give

Editorial: We released the Justice Varma probe report. The real question is what must follow now?

The silver maces and panic buttons: The impeachment story of Justice V. Ramaswami

All India Lawyer’s Association for Justice revives demand for in-house inquiry against Justice Shekhar Yadav, seven months after hate speech

Justice Varma impeachment: Why the government’s reported plan to bypass the Judges (Inquiry) Act procedure should concern us

To deliver justice well, we need judges who have lived it too: In defence of the SC’s 3 year practice mandate for judicial exams

Amidst bench hunting allegations in Punjab & Haryana HC, advocate makes unusual request to transfer bail matter to Justice Mahabir Singh Sindhu