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Report No. 77

1.6. Caution against undue haste.-

While laying stress on the necessity of elimination of delay in the disposal of cases, we must guard against undue speed or haste in the matter of disposal, because this would be substituting one evil for another evil. Any stress on speedy disposal of cases at the cost of substantial justice would impair the faith and confidence of the people in the judicial system-perhaps in a much greater degree than would be the case if there is delay in the disposal of cases. It has to be borne in mind that in the disposal of cases certain procedural requirements which ensure fair trial and satisfy the demands of justice have to be followed.

Without complying with such procedure, a trial in a court of law can hardly be said to satisfy the minimum requirements of a judicial trial; it would, in fact, be a mockery of a trial. It would be wholly wrong to bring about speed in the disposal of court cases at the cost of substantial justice. Our object, therefore, should be to ensure that consistently with the demands of fair play and substantial justice, ways and means might be found to eliminate delays in the disposal of cases.

Delay and Arrears in Trial Courts Back

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