Former Supreme Court Justice Madan B Lokur emphasized how the delay in listing “live issues” like matters concerning Article 370 impacts the quality of justice. Speaking at a seminar organized by the Campaign for Judicial Accountability and Reforms (CJAR), Justice Lokur highlighted the persistent problem of case listing, particularly within the Supreme Court. He pointed out that this delay creates a perception of systemic issues within the judicial system, affecting the delivery of justice.
NEW DELHI: Recently, Former Supreme Court Justice Madan B Lokur emphasized how the prolonged delay in addressing “live issues” such as matters concerning demonetization and the abrogation of Article 370, coupled with predictable judgments, negatively impacts the quality of justice.
Justice Lokur made these remarks during a seminar organized by the Campaign for Judicial Accountability and Reforms (CJAR), where he emphaized that the problem of case listing has persisted for an extended period, particularly within the Supreme Court.
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“But today we are talking about it because the stakes today are much higher than what they were many years ago,” Justice Lokur said while addressing the seminar’s first session titled ‘Supreme Court Administration and Management-“ Issues and Concerns’.
Justice Lokur also referred to the case of former JNU student and activist Umar Khalid, who recently withdrew his bail plea from the apex court in a case lodged against him under anti-terror law UAPA over his alleged involvement in the conspiracy behind the northeast Delhi riots of February 2020.
“Not listed for a long time…13 adjournments. Ultimately, the lawyer said we want to withdraw the case. Why?” he said, adding Khalid’s lawyer knew what the result was going to be.
“So, these are issues which are live and which are affecting the quality of justice and that is why there is this perception going around that listen, there is something wrong,” Justice Lokur said.
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“We have had issues pertaining to demonetisation, listed after I think four or five years. We have had issues related to electoral bonds, listed after five years,” he said.
“Today, the perception is, you know if a case goes before a particular bench this is going to be the result,” Justice Lokur said.
“So, you would have a situation where somebody, a journalist, wants bail. The case is listed the same day, maybe in the evening. Somebody has been granted bail and the prosecution says the grant of bail by the high court is wrong. So, a special bench sits on a Saturday and stays that order which is very, very unusual,” he said.
“So, the timing of listing of case is very, very important in some instances,” the former SC judge said.
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He said getting bail in cases lodged under the UAPA and the Prevention of Money Laundering Act (PMLA) has almost become impossible.
