GUWAHATI: Supreme Court judge Justice A.S. Oka has stated that it would be misleading to assume that the common man has full faith in the judiciary. He cited the high pendency of cases as a major factor contributing to the erosion of trust in the judicial system.
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Speaking at an event organised by the Supreme Court Advocates-on-Record Association (SCAORA) on Wednesday, March 26, to mark 75 years of the Constitution of India, Justice Oka said that the judiciary often assumes that citizens trust courts.
However, ground realities, particularly in rural areas, suggest otherwise. He highlighted that out of 4.5 crore pending cases in the country, 10 percent have been pending for over a decade.
Justice Oka further identified frequent court boycotts by lawyers as a significant reason behind increasing pendency. He noted that such protests, which he termed unconstitutional, cause severe prejudice to litigants. He questioned the impact of such boycotts on cases like bail applications, where delays could have serious consequences, according to a Bar&Bench report.
The judge also emphasised the need for efficient use of judicial time. He urged lawyers to avoid unnecessarily lengthy arguments and advised judges to write more concise judgments. Recalling a case where a defense lawyer cross-examined a witness for 95 days, Justice Oka remarked, “Brevity is the hallmark of great advocacy. No lawyer should be allowed to hijack judicial time.” He additionally called for more judicious granting and seeking of adjournments.
On the issue of bail, Justice Oka criticised the reluctance of courts to grant bail in cases that obviously merit it. He pointed out that individuals often remain in jail for years only to be acquitted later due to a lack of evidence.
The need for better legal aid for victims and improved protection for witnesses was stressed upon as well, as the judge highlighted that witnesses often bear personal expenses while appearing in court and questioned whether someone earning ₹20,000 a month could afford prolonged litigation.
Finally, Justice Oka called for urgent improvements in judicial infrastructure, especially at the district level, and urged for introspection on whether the judiciary has fulfilled its constitutional mandate of delivering justice.