Lok Sabha Question No. 2531 (UNSTARRED), answered on 2021-08-04
Subject: Delay in Judicial Verdict
Ministry: LAW AND JUSTICE
Asked by: Ramesh Chander Kaushik, Saikia Dilip

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

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## LOK SABHA

## UNSTARRED QUESTION NO 2531 TO BE ANSWERED ON WEDNESDAY, THE 4 th  AUGUST, 2021 Delay in Judicial Verdict

†2531.SHRI RAMESH CHANDER KAUSHIK: SHRI DILIP SAIKIA:

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,  a  total  number  of  58,797 undertrial prisoners and 20,972 convicts were released on interim bail/parole on recommendations of HPC or through efforts of Legal Services Authorities.

NALSA  through  SLSAs  has  also  directed  all  District  Legal  Services Committees (DLSAs)to convene Undertrial Review Committee (UTRC) Meetings on weekly/monthly 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,  more  than  2,515  meetings  of  UTRCs  were  held  in across the country during May, 2021 to 15 th July  2021.20,593 bail applications were filed on the recommendations of UTRCs and consequently, 9,237 prisoners were released.

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 March 2021, legal assistance was provided to 5,840 suspects/accused at pre-arrest stage pursuant to which 1,871 suspects/accused were  not  arrested  by  the  police.  Further,  assistance  was  provided  to  6,510 arrestees  at  police  stations  before  producing  them  in  courts.  Moreover,  during the  same  period,  1,04,015  persons  were  provided  legal  assistance  at  remand stage and46,735 bail applications were filed wherein bail was granted in 25,894 such matters. NALSA have also directed to identify all such convicts who have become eligible  or  are  on  the  verge  of  becoming  eligible  for  getting  remission  for  early release  and  to  provide  necessary  legal  assistance  to  them.  92,593  prisoners including 70,382 Under Trial Prisoners have been released after emergence of the second wave of Covid-19.

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