COVID-19 has not left any sector untouched all over the world. In India, initially the spread was increasing gradually and now, when in some countries, there is relief from lockdown as the ratio of COVID affected patients goes down, India is experiencing the community spread.The judicial system, though falls under essential services, has been put on hold by the pandemic of COVID-19. The trials have taken a big pause, witnesses are not being examined, no final arguments are heard and so, no judgments’ are delivered.
It is not just about adjudication of a pending case. It is about those criminal cases wherein the accused persons are being tried as an under trial prisoner. As on today, there are thousands of under trial prisoners in various prisons in India. Their right to speedy trial, right to life and liberty are at stake. Though there are steps taken to release those who are charged for offences wherein the punishment provided is upto seven (7) years. As regards others, they are unfortunately being subjected to pre-trial conviction by the system. Refusal to extend the discretion of granting bail can be understood. But delay in adjudication of case of an under trial prisoner amounts to denial justice to him. With less number of judges & with even less matters on board, the functioning of the essential services like judiciary appears to be farce as so far no steps have been taken to push ahead the cases of under trial prisoner which are on hold since March 2020.
With some relaxation in lockdown, the things all over are returning to its track. Let’s hope the justice delivery system get back to normalcy soon and delivers justice to its seeker.Till then lockdown continues for under trial prisoners…!