Lok Sabha Question No. 1041 (UNSTARRED), answered on 2021-12-03
Subject: Delay in Judicial Verdicts
Ministry: LAW AND JUSTICE
Asked by: M.K. Vishnu Prasad

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO-1041

## TO BE ANSWERED ON FRIDAY 03/12/2021

## DELAY IN JUDICIAL VERDICTS

1041. DR. VISHNU PRASAD M.K.:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a)  whether  due  to  corona  pandemic  judicial  verdicts  are  getting  inordinately delayed  in  the  country  due  to  which  the  undertrials  are  not  getting  proper justice;
- (b) if so, the details thereof;
- (c)  whether  the  Government  has formulated  any  scheme  to  tackle  this  situation; and
- (d) if so, the details thereof?

## ANSWER

## MINISTER OF LAW & JUSTICE (SHRI KIREN RIJIJU)

- (a) to (d) Disposal of pending cases in courts is within the domain of the judiciary. No time  frame  has  been  prescribed  for  disposal  of  various  kinds  of  cases  by  the respective courts. Government has no role in disposal of cases in courts.  The Central Government is fully committed to speedy disposal of cases in accordance  with  Article  21  of  the  Constitution  and  reducing  pendency.  After announcement of nation-wide lockdown, directions have been issued from time to  time  by  the  respective  High  Courts  to  the  Subordinate  Courts  under  their administrative jurisdiction for hearing of urgent civil and criminal matters in virtual or physical mode depending on local conditions. Most High Courts have further advised district and subordinate courts that where there is no shut down/lockdown,  they  may,  as  far  as  possible,  resume  normal  functioning  by

virtual/physical mode and take up all kind of cases, including those pertaining to under-trial prisoners.

In wake of threat of spreading of Covid-19 virus, particularly, in overcrowded  prisons,  the  State  Governments  and  UT  Administrations  have constituted High Powered Committees (HPCs) comprising of Executive Chairman of the State Legal Services Authority (SLSA), the Principal Secretary (Home/Prison), Director General of Prison(s). National Legal Services Authority (NALSA)  has requested all State Legal Services Authorities (SLSAs) to effectively render assistance to High Powered Committees for identification and facilitation in releasing Undertrial Prisoners/Convicts either on interim bail or on parole. During lockdown from March to May 2020, 58,797undertrial prisoners and 20,972  convicts  were  released  on  interim  bail/parole  on  recommendations  of HPC or through efforts of Legal Services Authorities. Further, 92,593 prisoners including  70,382  Under  Trial  Prisoners  and  22,211  Convicts  were  released  on interim  bail/parole  on  recommendations  of  HPCs  through  efforts  of  Legal Services  Authorities  under  the  guidance  of  NALSA  after  emergence  of  the second wave of Covid-19 during April-May, 2021.

NALSA through  SLSAs  and  District  Legal  Services  Authorities  (DLSAs) has  also  organized  Undertrial  Review  Committee  (UTRC)  Meetings  on  regular basis as per NALSA protocol. During 2020-21, 10,961 UTRC meetings were held and  13,983  inmates  were  released  pursuant  to  UTRCs  recommendations. Further, 5,127 meetings of UTRCs were held in across the country during April, 2021 to September 2021 and 11,145 inmates were released pursuant to UTRCs recommendations.

NALSA has issued a Protocol for Early Access to Justice at Pre-Arrest, Arrest and Remand Stage for providing assistance to suspects and accused at

Pre-Arrest, Arrest and Remand Stage. As per data compiled by NALSA during January  2020  to  September  2021,  legal  assistance  was  provided  to  8,433 suspects/accused at pre-arrest stage pursuant to which 2,879 suspects/accused were  not  arrested  by  the  police.  Further,  assistance  was  provided  to  10,191 arrestees  at  police  stations  before  producing  them  in  courts.  Moreover,  during the  same  period,  1,64,947  persons  were  provided  legal  assistance  at  remand stage and 73,452 bail applications were filed wherein bail was granted in 40,303 such matters.

****