The Supreme Court of India is the highest court in the country and its verdicts have a significant impact on the country’s legal system. However, there have been instances where the Supreme Court itself has failed to deliver judgments promptly, despite issuing directions to do so. One such instance is the 17-month delay in delivering a judgment in a case involving a man on death row, which has raised questions about the court’s commitment to timely justice.
BJP national general secretary Vijayvargiya and two others were accused of raping a girl in the year 2020. The allegations were criminal intimidation and sexual assault. The Calcutta High Court had passed an order regarding this, which the Supreme court set aside in December 2021 saying that the bench had not applied its judicial mind to the particular case. As a result, there was a 17 month delay in the pronouncement of the judgement.
In March 2018, the Supreme Court had issued a direction in the case of Anil Rai v. State of Bihar, where it had emphasized the need for timely delivery of judgments. The court had observed that delay in the delivery of justice not only affects the parties involved in the case but also erodes public confidence in the judiciary. The court had directed that judgments should be delivered within a period of three months from the date of the conclusion of the hearing, and in exceptional cases, within a maximum of six months.
However, the Supreme Court’s own directions were ignored in the above case, where the judgment was delivered 17 months after the conclusion of the hearing. This delay not only caused anxiety to the convict and her family but also raised questions about the effectiveness of the Supreme Court’s directions.
Delay in the delivery of justice is not a new phenomenon in India. In fact, the country’s judicial system is notorious for its slow pace and backlog of cases. The delay is often caused by a shortage of judges, outdated technology, and archaic laws. However, the Supreme Court’s failure to adhere to its own directions is a cause for concern, as it undermines the court’s authority and credibility.
There are several other cases where judgments have been delayed for years, causing immense hardship to the parties involved. In some cases, the delay has resulted in the death of the accused, while in others, it has led to the erosion of public confidence in the judiciary. Another trending case in delay of judgement is the Sooraj Pancholi (actor) case, who was accused of abetting in the case of Jia Khan’s suicide. The actor asks after being acquitted, Who will give me those 10 years back? The 10 years that were so painful because of the prolonged trial.
The Supreme Court must take immediate steps to address the issue of delay in delivering judgments. This could include appointing more judges to reduce the backlog of cases, investing in technology to expedite court proceedings, and reviewing archaic laws that hinder the delivery of justice.
Justice delayed is justice denied, and the Supreme Court must ensure that its own directions are followed to the letter to prevent further erosion of public confidence in the judiciary.
In conclusion, the 17-month delay in delivering the verdict in the rape case filed against BJP Leader Vijay Vargiya and 2 others is a violation of Article 21 of the Indian Constitution. The Supreme Court’s own directions to ensure timely delivery of judgments must be followed to prevent further delays and ensure timely administration of justice.
Written by- Gunjan S Jain, 5th Year BBA LLB, St. Joseph’s College of Law intern under legal vidhiya
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