Annual Report 1999-2000
the purposes of tackling the arrears in Courts, long-pending cases should
be bifurcated into a separate class and dealt with separately under an
ad hoc dispensation by re-employing, if necessary, retired judicial officers and
judicial staff.
□ ITie pendency of cases in each Criminal Court should be fed into and analysed
on computers. TTie progress in the disposal of cases should be monitored on the
computer. Initially, a spread-sheet should be prepared to indicate the different
types of criminal cases pending in the particular Court and the length of the
pendency, so as to evolve appropriate bench-marks for fast track procedures.
3.71 The Commission had also recommended changes in the substantive law as follows:
□ There be a process of progressive and massive decriminalisation of offences now
recognised and made culpable as penal offences. They should be treated as merely
actionable wrongs for which compensation and not punitive action is the appropriate
remedy.
□ The class of compoundable offences under the IPC and other laws should be
widened.
□ In the disposal of arrears of criminal cases, experienced criminal lawyers be
requested to work as part-time Judges on a particular stipulated number of days,
on the pattern of 'Recorders' and 'Assistant-Recorders' in the United Kingdom.
There is an existing provision in the Criminal Procedure Code for honorary
Judicial Magistrates, which has not been imaginatively utilised, or its potential
realised even in part.
□ The system of'plea bai^aining' be introduced on the pattern of recommendations
already made by the Law Commission of India.
□ Magistrates and Sessions Judges, while remanding persons under trial to judicial
custody, should clearly indicate in the very order of remand itself, the terminus a
quo. In other words, the judicial remands should be self-limiting and should
indicate the date on which the undertrial prisoner would automatically be entitled
to bail in terms of the conditions prescribed by the Supreme Court.
□ There should be a comprehensive training package for programmes of training
of all judicial personnel and all Court administrators.
□ In the proportion of population-judge ratio, India ranks amongst lowest in the
world; this needs to be rectified.
3.72 The Action Taken Report (ATR) for the year 1998-99, lists the steps taken by the
Central Government on these recommendations. These included the dispatch of letters
to the State Governments stressing the need for financial autonomy to the Courts, and
to the National Judicial Academy to develop programmes for speedy clearance of
criminal cases in courts, and interaction with the National Informatics Centre (NIC) for
the extensive computerisation in the subordinate judiciary. With regard to changes
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