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ABHAY S. OKA, UJJAL BHUYAN
IN Re Policy Strategy For Grant Of Bail – Appellant
Versus
. – Respondent
Question 1? How to reduce the backlog of criminal appeals and ensure speedy disposal in High Courts? Question 2? What is the role of digitization, record translation, and AI translation tools in improving efficiency in criminal appeals? Question 3? What are the recommended administrative and constitutional measures to address High Court judge vacancies and case management for criminal appeals?
Key Points: - The Court identifies a massive backlog of criminal appeals and urges systemic reforms to expedite disposal (!) (!) (!) (!) . - Recommendations include a Model Action Plan, NCMS Baseline Report, dedicated criminal benches, video-conferencing, and registry-level reforms (!) (!) (!) (!) (!) . - Emphasis on digitization of records and use of SUVAS AI translation with vetting for accuracy to reduce delays (!) (!) . - Correlation between High Court vacancies and pendency; calls for timely appointment of judges and data-driven roster management (!) (!) . - Prioritization of appeals involving jailed/heinous offenses and consideration of liberal suspension of sentences in appropriate cases (!) (!) . - High Courts directed to respond with action plans within four months; empowerment to adopt best practices across jurisdictions (!) (!) (!) . - Suggestions include appointing Registrar, Court and Case Management and assigning judges with domain expertise to expedite criminal appeals (!) (!) .
| Table of Content |
|---|
| 1. critical state of pending criminal appeals. (Para 1 , 2) |
| 2. constructive suggestions for reducing backlog. (Para 3 , 5 , 6) |
| 3. recommendations for procedural improvements. (Para 4 , 8 , 9 , 10 , 11 , 12) |
| 4. importance of bail and priority cases. (Para 13 , 14) |
| 5. judicial resource concerns impacting case backlog. (Para 15) |
| 6. request for high courts' response to suggestions. (Para 16 , 17) |
ORDER :
1. We have perused a detailed note submitted by Ms. Liz Mathew and Mr.Gaurav Agarwal, the learned senior advocates appointed as Amicus Curiae, assisted by Ms. Mallika Agarwal, Mr. Omkar Hemanth and Mr.Navneet R., learned counsel on the issue of "policy strategy for grant of bail". At the outset, we must compliment the learned senior advocates and their team for submitting such an exhaustive note.
3. The note submitted by the learned Amicus Curiae highlights several issues and contains important constructive suggestions. These suggestions must be considered by all High Courts. Apart from these suggestions, a 'Model Action Plan for Reduction Of Arrears in the High Courts' has been prepared by the Committee to draft Model Case Flow Management Rules for the High Courts appointed by
The right to bail and the need for expedited consideration of bail applications for individuals incarcerated for prolonged periods.
The court emphasized the statutory right to appeal and the necessity for timely hearings to prevent justice from becoming illusory, granting bail due to prolonged incarceration.
Bail – To deny bail to a person for fault of Counsel who does not argue, accused having nothing to gain, would be a parity of justice.
(1) Speedy Justice – For fault of a few, glorious and glittering name of Judiciary cannot be permitted to be made ugly.(2) If Judgment is not delivered within three months, Registrar General shall pl....
Revisiting the practice of listing bail applications before the High Court to avoid disparity in passing orders and implementing suggestions for better administration of justice, especially when the ....
Constitutional courts should refrain from imposing time-bound schedules on trial courts for case disposal, except in exceptional circumstances.
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