Process has become the punishment in our criminal justice system: ex-CJI, Pg 6.

Key Highlights:

• Former CJI N.V. Ramana called the criminal justice system itself a “big punishment,” urging reforms starting with public prosecutors.
• Highlighted that accused often spend long periods in prison without bail, even if later acquitted.
• Stressed that public prosecutors must be accountable to courts and not to political/administrative bosses.
• Police accountability flagged due to faulty and delayed investigations causing wrongful incarceration.
• Issues eroding public trust: case pendency, high litigation costs, procedural complexities, and decline in parliamentary debate on laws.
• Case pendency rose from 3.3 crore (2018) to 5.02 crore (2023); High Courts have 33% vacancies, lower courts 25% vacancies.
• Bail disposal delays: average 23 days, but much higher in J&K (156 days), Odisha (61), and Mumbai (56).
• Ex-CJI U.U. Lalit: conviction rate only ~20%, implying wrongful pre-trial incarceration for majority.

Detailed Insights:

• Systemic Challenges: Delays, undertrial incarcerations, and low conviction rates undermine the right to life and liberty under Article 21.
• Human Rights Dimension: As noted by Abhishek Manu Singhvi, delayed justice equals human rights violation; prolonged incarceration without conviction worsens social and economic marginalisation.
• Institutional Issues: Persistent judicial vacancies, absence of time-bound bail disposal, and procedural rigidity increase pendency.
• Legislative Weakness: Decline of parliamentary debate and stakeholder consultations in refining laws affects the quality of justice delivery.
• Reform Directions: Need for independent public prosecutors, police reforms for accountability, digitisation of bail processes, and judicial appointments acceleration.
• Trust in Judiciary: Restoring faith requires speed, affordability, and transparency in the system to prevent justice from becoming punishment.

Concepts Involved:

• Undertrial Prisoners: Persons kept in custody awaiting trial; constitute over 75% of India’s prison population (NCRB data).
• Conviction Rate: Ratio of convictions to total trials completed; low rates indicate investigation and prosecution failures.
• Case Pendency: Refers to backlog of cases awaiting judicial disposal, measured across Supreme Court, High Courts, and lower courts.
• Bail Jurisprudence: Guided by the principle of “bail not jail,” balancing individual liberty with societal safety.