What TV doesn't, print can't; we deliver.
What TV doesn't, print can't; we deliver.
The recent revelation that over 550 letter rogatories (LRs) from Indian law enforcement agencies are pending with foreign jurisdictions is a stark reminder of the systemic delays plaguing India’s justice system. These judicial requests, essential for gathering evidence in various criminal cases, including terrorism, financial fraud, and cyber-crimes, are crucial for timely justice delivery. However, the prolonged pendency of these requests highlights a significant bottleneck that impedes the judicial process and undermines the rule of law.
The Central Bureau of Investigation (CBI), which compiled the latest data, reports that 562 LRs are pending with other countries, 315 of which concern CBI cases and 247 of which concern cases investigated by state police and other central agencies. This backlog is not merely a bureaucratic inconvenience; it has profound implications for the justice system. Delayed LRs mean that crucial evidence remains inaccessible, causing trials to be stuck in courts for years. This delay not only hampers the prosecution of offenders but also prolongs the suffering of victims awaiting justice.
The issue of delayed LRs is symptomatic of a broader crisis within India’s judicial system. According to the National Judicial Data Grid, as of December 2022, there were approximately 48 million pending cases across the Supreme Court, High Courts, and subordinate courts in India. The average time taken for the disposal of cases is alarmingly high, with civil cases taking around 15 years and criminal cases about eight years to conclude. Such delays erode public trust in the legal system and perpetuate a culture of impunity, where the guilty can evade punishment for years.
Several factors contribute to the delays in India’s justice system. One significant issue is the chronic shortage of judicial officers. With a judge-to-population ratio of 13 per million, India lags far behind countries like the United States and Australia. This shortage leads to an overwhelming caseload for judges, resulting in prolonged case hearings and frequent adjournments. Additionally, cumbersome legal procedures and inadequate coordination among law enforcement, prosecution, and judicial systems exacerbate the delays.
The pending LRs also highlight the challenges of international cooperation in criminal matters. Requested countries often cite reasons such as incomplete or vague requests, confidentiality, and dual criminality to reject or delay responses. This lack of timely cooperation hampers investigations and delays justice delivery.
Addressing the crisis of delayed justice in India requires a multifaceted approach. Firstly, there is an urgent need to increase the number of judicial officers and improve the judge-to-population ratio. This can be achieved through expedited recruitment processes and enhanced training programs for judges. Secondly, leveraging technology for case management and streamlining legal procedures can help reduce the backlog of cases and expedite trials.
International cooperation must also be strengthened. The Ministry of Home Affairs (MHA) and the Ministry of External Affairs (MEA) should work closely with foreign jurisdictions to ensure timely responses to LRs. Establishing clear guidelines for drafting and processing LRs can minimize rejections and delays.
