The Allahabad High Court, quoting the iconic 'tarikh pe tarikh' dialogue from the 1993 Bollywood film Damini, has observed that while this reflects the common man's perception of delayed justice, the massive pendency of criminal cases in district courts is not merely the fault of judicial officers but primarily that of the state government and the police.
Systemic Delays and Criminal Impunity
Due to these systemic delays, the High Court stated that many criminals continue to commit offences without fear, and many have even become MLAs, MPs, and ministers. In this regard, the bench referred to a report by the Association for Democratic Reform, which indicates that 49 per cent of ministers in the Uttar Pradesh government are involved in criminal cases, with 44 per cent involved in serious criminal cases.
The court added that a judicial officer cannot decide cases without sufficient staff and the cooperation of the police to ensure the presence of the accused, witnesses, and a proper Forensic Science Laboratory (FSL) report.
Rejection of Bail Application
Rejecting the bail application filed by Mevalal Prajapati, a resident of Fatehpur, a bench of Justice Arun Kumar Singh Deshwal observed: 'Several young judicial officers, despite being honest and hardworking and entering the judiciary with the aim of delivering justice, often find themselves unable to function effectively.' The court noted that this is largely due to inadequate staff, lack of police cooperation in executing court processes such as summons and warrants, as well as faulty investigations and improper FSL reports.
The bench stressed that such judicial officers become frustrated and look up to the High Court for remedial measures, but even the High Court cannot do anything. Justice Deshwal stated that it is the state government that must provide basic infrastructure, staff, FSL reports, and police cooperation.
Directions to Address Deficiencies
The court made these observations while issuing a series of directions to tackle the structural, administrative, and procedural deficiencies crippling the district judiciary. The court was hearing a bail application of a murder accused where a blood-stained screwdriver was recovered, but the investigating officer failed to seek a DNA matching query from the FSL to determine if the blood belonged to the deceased.
Considering this glaring investigative lapse, the court had earlier summoned the Director General of Police (DGP), Home Secretary, and Director of the FSL, Uttar Pradesh.
FSL Infrastructure Issues
During the hearing, the FSL director informed the court that out of 12 functioning labs in the state, only eight have DNA profiling facilities, and the labs face not only a shortage of staff but also a lack of the latest machines required for forensic and ballistic tests.
Against this backdrop and based on a comprehensive study of multiple district courts, the High Court pinpointed that the heavy pendency is largely driven by insufficient ministerial staff, stenographers, and deposition writers, as well as non-execution of court processes by the police and delays in receiving forensic reports.
Security Concerns for Judicial Officers
The court also flagged the issue of personal security for judicial officers, noting that judges frequently face open threats in courtrooms and veiled intimidation in public places from criminals. It added that, unlike in Punjab and Haryana, personal security officers are not provided to all judicial officers in Uttar Pradesh, which adversely impacts their ability to function fearlessly and issue conviction orders against hardcore criminals.
Government Directives
The court directed the state government to consider providing additional staff and infrastructure to district courts, considering the heavy workload. It said the state government shall consider making the Uttar Pradesh FSL an autonomous department under its home ministry, as requested by the Ministry of Home Affairs, Government of India, through various communications.
The High Court stated that the state government shall also fill vacancies in forensic science laboratories across Uttar Pradesh and provide high-end instruments within one year. It directed the DGP to issue instructions to all investigating officers to make queries to FSLs regarding the matching of DNA of blood found on blood-stained weapons and clothing with the DNA of the accused and deceased, while sending blood samples to FSLs.
In its decision dated May 7, the court also directed that a copy of this order be placed before the Uttar Pradesh Chief Minister for his perusal and action. Furthermore, the court directed the Director of the Judicial Training and Research Institute (JTRI) to sensitise judicial officers about the relevant rules of the Bharatiya Nagarik Suraksha Sanhita (BNSS) Rules, 2024, as well as the E-Processes Rules, 2026, regarding the generation and electronic transmission of e-summons, e-warrants, and other court processes.
