INTERACTION WITH SANGAPPA MITTALKOD ON “TIMELY JUSTICE FOR LITIGANT “
What are the imporatance of timely justice for litigants by Mr. Sangappa Mittalkod?
Mr Sangappa opined that “today’s legal landscape means we are now having a legal Justice
Dispensation system, so we must do justice as per the procedure established by the law.
Everyone wants justice, nobody wants injustice. What is justice? There is no need for me to
define it. But a timely justice is the caption. Today, the legal system dispensing justice is
blamed mainly because there is a delay and mainly courts are blamed for this. But courts are
not alone responsible for this. Litigants, lawyers, witnesses, government machinery, lack of
infrastructure, shortage of judges etc. are main contributors for this. Despite this, the justice system is going on but it requires a speed that is able to deliver justice on time to the litigants,
therefore, I may mention that the infrastructure is improved a lot, therefore we can expect
something good.”
What are the impacts of timely Justice?
We have got mainly 2 two types of cases namely Civil cases and
Criminal cases. Civil cases are getting delayed by decades. Criminal cases are also getting
delayed by the years. To avoid this, timely justice means providing a timely medicine to the
patient when he needs it. In Karnataka during 1993, there were fast track courts, meaning
the pilot courts team where the High Court has fixed the time gap limit of one year for
disposal of the cases. For this, his suggestion is that civil cases be disposed of within one
year after the plaint is presented by covering all the stages. Criminal cases must be
disposed of within six months after the Charge sheet is filed. If this is achieved, giving timely
justice to the litigants may not be so difficult because this is the reasonable, and ideal time.
Also, in the next two stages after the trial court, the matter could be concluded up to the
Supreme Court within two years.
What are the factors which delay a particular case.
See, the problem was heavy pendency. First, wherever I have taken
charge, heavy pendency of civil matters was there. But despite being not deterred by the
pendency, I am prioritising the cases. Old cases first, they have to be disposed of and at the
same time, what happens, there was a habit in the habit for the litigation lawyers to drag old
matters. One interesting point I tell you, there was a case in one particular place, that case
was having some three bundles of documents, three big bundles which were sent from the
revenue department. Those bundles were kept in the open court and whenever that case
was called, both sides were telling, sir, this is a very heavy case, sir, this is a very great
request,I am thinking that I may adjourn.
What are the guidelines for timely justice?
First of all, I tell you, the amendment of CPC in 2002 has eliminated
many intermediate steps in the civil case. And filing the written statement, now the maximum
time of one term is fixed, one term. But no doubt, the courts have said that for doing the
justice, we can't be so pedantic, we have to do some time, some leniency. So, that is done.
The CPC has given us a lot of strength to see that the judgments are not given recklessly.
And in CRPC also, we have got that provision 309, they say that don't adjourn matters
unnecessarily. On this point, not one, many judgments have come.But for this, what happens
is, if the pendency is handy, ideal, then this can be achieved.
How I handle 4000 cases?
See, I tell you, in one case where I was the only magistrate with 4000 cases. 3000 IPC cases, 1000 other law cases. But still, in that court, I never sat between more than 11 to 5, one hour break, and I never adjourned any matters. And I was attending all interim orders, bail orders, releasing orders and work. So, I managed. In one case, a delay occurred, because of the wrong submission and the judge not taking serious note. A matter was pending for 10 years. A simple small matter, the Country and Town Planning Act. So, my habit was, I was always keeping a note
of these old matters. After going to that place, I noticed that there was a mention in the order
sheet. Matter is dead. After six months, I noticed that it has been pending for 10 years.
Something must be wrong. Then I told my bench clerk to keep this file in my chamber
because I will go through it in my afternoon lunch break. When I saw that file, I found there
was no stay at all. The matter was pending, kept pending in 1983. 1992, it was just
adjourned as await orders. But there was no stay. It was for 10 years. So, there was no such
a stay order that actually people were waiting for, but it just got adjourned so many times.
Yes, because later I learned that the concerned council submitted that matter is dead. The
judge believed the words of the note. Ideally, we should not be going by the words of council,
but we should actually get the petition details if that happened in the higher courts actually.
Because what happens, we believe the advocates because they are officers of the court. It is
the responsibility of advocates also. Then I called the advocate at three o'clock. He said, sir,
my client told me that it is dead. So, I made a submission that was entered. Then I told, I
want to dispose off this case within the next two months. You must get your client back. Then I concluded the trial and dispose off that within two months, which was waiting since 10
years.So, in this way, the involvement of the judge is also important. At the same time, the
advocates as the court officers should assist and make all fair submissions.”
What are the instances where false information has been given?
On being asked on instances where false information has been given. In certain sections
which are providing guidelines like section 344, dealing with knowingly or willfully giving
some false evidence or as such fabricated false evidence or section 309, dealing with
postponing the commencement of a trial or an inquiry and matters related to the remand of
an accused by a warrant. It is a major thing which has to be considered like application of
these particular sections as such, there are personal liberty aspects that are being talked
about and then there may be illegal detention that can happen in some of the cases. So, the
implementation of these sections when you see in this very context of speedy disposal.
How he actually perceive these sections implementations?
To this Mr Sangappa replied “See, first of all, when the accused is in custody, then once a charge sheet is filed on priority base that case must be taken because his personal liberty is contained. If we have him after five years, the time spent by him will be a very serious abridgement of Article 21. So, in giving the false evidence, now new CRPC is in the offing. Bharatiya Nyaya Sanhita (BNS - 2023). So, lam studying it. We are making some suggestions to that. My suggestion is that whoever files false case, whoever files false charge sheet should be booked and case should be opened against them and punishment should be equal to that false charge sheet they have
filed and penalty should be double of that one. Because today it is necessary to check filing
of the false cases. If the courts convict an accused, they are meant for that. But if an
innocent person is convicted, that questions the efficacy of the system. There is a saying
that let 100 criminals escape, not an innocent people punished. It's not that allow 100
criminals escape. The point that is take care that an innocent is not convicted, don't allow the
100 to escape. So, in my service, I have used the section 344 CRPC on many occasions.
They were giving the evidence recklessly despite knowing the truth.”
Impact of false case and and accused I.O in the same case?
Mr Mittalkod answered, “ Today, exactly, we don't have any direct provision to deal with false cases. That's why I am suggesting an amendment in IPC. There shall be a direct provision saying
that whoever files any false case, complaint or charge sheet, if the accused is acquitted on
the holding that the case is false, in that case, all those responsible for fasting false case
should be accused. A case should register against them, every court which acquitted the
accused and those accused shall be the witnesses in that case and punishment should be
equal to that of for the false case which was filed and penalty should be double. Because
what happens in the criminal procedure, in the criminal justice system, there are four stages.
One is commission of the crime. Another is called police investigation and prosecution
ending a judicial decision. was often telling that in criminal cases, IO is the first judge. He
knows more than what judge knows through the evidence because he will be there on the
spot.If the IO is honest, truth will come out. These fabrications, these things are not
permitted under law. But still they do it. So to check, because in this Nambinarayan case scientist who was in jail in the false espionage case, the Supreme Court has come down
very heavily and ordered compensation of 50 lakhs and allowed him to pursue his remedies.
So in every false case, there must be a compensation for every citizen. It will be paid by the
government and it should be recalled from the concerned. If that is done, and in civil cases, it
shall be heavy cost, compensatory cost. If these things are implemented, then I think there
will be some check on the false cases. Otherwise, it's not possible.”
What are the effects on client of delayed justice?
Mr Sangappa opined, “See what happens, a person is expecting something in the next few years. But that all depends upon the result of this case.He doesn't get that because of the delay. By that time, see, when a client succeeds getting 50 acres of land, at that time 50% was sold by the other side. I told you in one case, a woman who was thrown out of husband's house immediately after marriage and they didn't have any children, husband died.Her family was rich family and she was thrown on the street. She was just selling bananas for livelihood and that was before me. I had disposed off that case within one year. I have assumed the charge of that court. And I heard that she's entitled for husband's share of some few acres of land. Do you now that, that lady
straightway saluted the court by laying on the ground before the court hall. So, I am not
saying that, it's to me. It is the system. She was happy that, she got justice. This enhance
the confidence of the people in the system. It is a delay. I get it. But if we give this little hope.
And in one case, the son who was plaintiff filed a suit for his father's share, defendant was
his uncle. Uncle said, no, he is not my brother's son. His mother is not my brother's wife.
Then I disposed off the case. Interestingly, the very defendant had given some land to this
plaintiff accepting a relationship and he disputed in the suit. Then I have decreed the suit
with compensatory cost of three thousand. Within six months, am told by the very concerned
plaintiff that, no sir, he has given all the property to my client. Therefore, if we are little bit
vigilant and impose some cost, that will make impact.”
What are the current challenges faced by the legal system?
Current challenges are the delay mainly.And now I know that the pendency is such that it's not possible to achieve this goal of timely justice. So, first, my suggestion is, at all levels, there needs to be fast track courts. Because I was the fast track judge for six years. In wherever I went, almost all the old matters were cleared by me. Not a single matter was left.So, in that way, in the fast track courts up to 2010, almost all the old criminal cases in the Karnataka were disposed off. So, if that is done, then number of courts with the limited cases with time gap, time frame. If this is fixed, definitely we will achieve this goal of timely justice. Because the Supreme Court time and again has given many guidelines in matters of personal liberty. That 1994 SC 3049, Joginder Kumar case, particularly what happens in civil case, time spent in jail cannot be compensated by any court. Giving money is something, but that will not satisfy the man because he was suffering
for being incarcerated for no fault of his. Therefore, in the same way, you can see that
Naminarayan case, it may be Kesarini Johar, these all cases have given guidelines, don't
tolerate these false cases. Even in Preeti Gupta case, Supreme Court has come very heavily
on arresting the husband and his family members recklessly. So, personal liberty aspect is
taken serious note by the Supreme Court. think that in Arnesh Kumar case, guidelines are
there DK Basu case is there. Yeah, I can work it out. But more than this, what I would like to
tell you is, it's the presiding officer's most inquisitiveness important. In 1993, there was a
guideline in Karnataka High Court. Circular issued, if the accused is produced before
magistrate, if nobody files vakalath, then in that case, that remand should not be for more
than 14 days. You remand just till next day. This was the guideline with a fond hope that
someone who has seen him in the Court Hall may inform his relatives. Because at that time,
still DK Basu case was not there. So, how such a guideline helped me, I tell you. n one case,
an accused was brought before me and I remanded him till next day, 10.30. But that
accused was not produced at 10.30, he was produced at 3 o'clock. And the accused who
has walked on his own was physically lifted and produced before me on the next day.
Because in the judicial custody, he was tortured by the jail wardens. Jail wardens, not police.
Then see, in that case, what is the duty of the judge? When I produced, I told him what has
happened. The accused told me that, sir, the jail wardens have harassed me and they have
bet me on my foot with the book, clubs, that you will not be able to walk. Yeah, then
immediately I noted everything in the order sheet. Then I referred him to hospital. He was in
hospital for 20 days.That has a serious impact. When he was brought before me, I registered
a case against the jail wardens. I made him to depose 200 CRPC, registered a case and it is
submissed to them for 324 IPC. This way, we have taken serious note of personal liberty and
not to harm or injure the accused in custody.”
How frivolous litigation in foreign courts are handled?
Mr Mittalkod elaborated ,”Once I am told that in the Western countries, if in a criminal case, if any lapses are noted, the investigation officer is answerable. If there is a dishonest investigation, lapses in investigation for all that, investigation officer is responsible. Therefore, In foreign countries, the statement made before the police by the witnesses, if the I.O. says that this witness has given a statement before me, that is admissible in evidence. If that is done here, no one is safe. It is a horrible situation. I'm told that one justice, Honorable Justice, former CJI, when I had a meeting, we were discussing, said that in England, within 111 days, the criminal cases will be over. Here we are given 90 days time to file the charges in the cases where more than 10 years punishment is there. So the speed with which it is done. Now, of course, I don't expect same speed here, but we can do a little bit more to achieve this goal of speed justice and timely justice.
Conclusion
In concluding remarks Mr Mittalkod added “thank all your team and all those who are behind
this in the right identifying me because I am here in some corner of the Karnataka state. You
identified me and made me to speak a few words of my experience, which I hope that they
may make some little impact, though I don't say that much impact, little impact, because
even today I am concerned with the cause of justice. So people should get timely justice.”
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