The Hindu : Front Page : Supreme Court brings the curtain down on 60-year-old case

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Tuesday, Sep 25, 2007
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Supreme Court brings the curtain down on 60-year-old case

Legal Correspondent

“It is an alarming state of affairs….”

“Take urgent steps before situation gets out of hand”
“Because of delays, people losing faith in the judiciary”

NEW DELHI: The Supreme Court, bringing to an end a 60-year-old suit, has warned that because of inordinate delays in disposal of cases in courts there is a possibility of people taking the law into their own hands by handing out punishment to criminals.

It has called for urgent steps to be taken by the authorities before the situation gets out of hand.

Only last month Justice A. K. Mathur and Justice Markandey Katju had disposed of a 50-year-old suit and expressed their anguish at the situation: “Because of the delay in disposal of cases people in this country are fast losing faith in the judiciary.”

The same Bench, in the latest order now, said: “We saw in the media news of lynching of suspected thieves in Bihar’s Vaishali district, the gunning down of an under-trial prisoner outside the Patna civil court, and other incidents where people have taken the law into their own hands. This is obviously because many people have started thinking that justice will not be done in the courts due to the delays in proceedings. This is indeed an alarming state of affairs, and we once again request the authorities concerned to do the needful in the matter urgently before the situation goes totally out of control.”

The present appeals by Moses Wilson and others arose out of a suit filed way back in 1947 at Kanyakumari in Tamil Nadu and subsequent proceedings. The suit was for Rs. 7,000.

The Supreme Court Bench in its judgment said: “It is not necessary to give further details of the case because the facts involved are very complicated, stretching over 60 years. Therefore, with the consent of counsel for the parties, we cut short the matter and direct that the entire property which is the subject matter of this litigation be divided into equal shares between the two parties. Half share should be given to the appellants and half should be given to the respondents [Kasturiba and others].”

The Bench directed that the district judge decide within six months which part should go to the appellants and which part should go to the respondents.

“If any person has any grievance against the order passed by the district judge, either party could approach this court for clarification,” the Supreme Court Bench added.

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