Hon'ble members on and off the dais and Delegates of the symposium on "Judicial Reforms Conducive For Common Citizen ".
Here a lot of things have already been discussed, hot as well as cold. I would like to discuss the topic on judicial reforms from a common citizen's perspective. What a common citizen needs to-day ? Whether a common citizen is interested in judicial reforms, or a common citizen wants Roti, Kapada and Makan ? What is the need of hour? A common citizen needs just to fill up his belly, to wear some cloth and just a roof over his head.
If we look at history, this country has been ruled by the kings, dictators and democrats. But during every rule the common men have been divided. I will quote the version of a Urdu poet who says that the men have been made to be separated. He said, 'Mandir, Maszid, Girjaoen bantdia Bhagabanko, Dharti bantee, Sagar banta, Mat banto Insanko'. Now we see that everybody is being separated from the other in the name of religion and in the name of territorial jurisdiction. Now the insanity is writ large everywhere. But we must try to restore sanity to humanity and also we must acknowledge the humanity of the human being. For this we need self-realisation and self-assessment.
Now I have to speak on the judicial reforms. Here the dictionary meaning of 'judicial' is that which pertains to the judgement, to the court of law and to a judge giving and seeking judgement enforced by the court of law. And in the year 1958 in one case, Pradyumna Singh vs the State of Punjab, the word 'judicial' had two connotations, one is the discharge of duties by the judge or justice in a court or the other is the administrative duties which need to be performed in the court. That being the interpretation of 'judicial', the word 'reform' means is to form again. I am to discuss the topic given to me, that is, timely disposal of cases. Most of the speakers have emphasised the time factor. But what is the time? That is the greatest factor, the fourth dimension in physics. In Mahabharata, it has been told 'Mein Samaya Hoon'- I am the time. So time connotes everything. It is Kala. As you know, time and tide wait for none. So timely disposal of cases is very much essential. What is the time? Who has spelt out this time? And how this time can be spelt out ? In our judicial system time was not specified. But in the CPC amendment some time limit has been specified. In the criminal cases, for the sake of speedy trial, some outer limit was prescribed by the supreme court. But again it was overruled. When we talk of time factor, it means the outer limit prescribed for disposal of a case, as some speakers here have also pointed out. The concept has been borrowed from the 6th Amendment of the American Constitution. But in USA the pre-trial system is there, which does not exist in our country. If we want an outer limit to be prescribed for a disposal of cases, we need to introduce pre- trial system in our country and gear up our administration accordingly.
In 1955 in Mathindar vs State of Hyderabad, and Ramgopal in 1955-58 and then in the year 1986 Madheswar Singh vs State of Bihar, the outer limit has been spelt out for the speedy trial. The speedy trial is a fundamental right as held in the cases of Husinara Khatun and A.R. Antule and after that in Common Cause I and II, Rajdeo Sarma I and II and lastly P. Ramchandra Rao Vs State of Karnataka. But in Common Cause I and II and Rajdeo Sharma I & II, the earlier direction for speedy trial was overruled. This is the state of affairs. There have been several legal interpretations.
But I want to speak on two cases of Orissa, since Orissa is the champion of speedy trial. If you see the history, a case here was concluded within 82 days that is, the case of King Emperor Vs Laxman Nayak. It is a reported case, the session case no.18 of 1942. Mr. Laxman Nayak, the accused was hanged in this case. Let me tell you about another case. The Asian Age reported on 25th May 1998 that one Subhadra Sethy an under trial prisoner died in the court varanda in Bhubaneswar after languishing in jail custody for about 14 years. Now when we are discussing about the speedy trial, the ghost of Subhadra must be laughing. So this is the state of affairs.
My dear Friends, and my seniors. If I have committed any error, it can be a subject matter of discussion. I don't want to take much time. Thanks for 'Project Swarajya' for giving me this opportunity of speaking before you all.