Tarikh pe tarikh is whose fault? Allahabad HC says judges openly face threats; flags faulty police probes

The Allahabad High Court recently observed that judicial officers in Uttar Pradesh are frustrated because they are unable to perform their duties due to insufficient staff, non-cooperation by the police, faulty investigations, and improper forensic reports [Mevalal Prajapati v State of UP].

In an order passed on May 7, Justice Arun Kumar Singh Deshwal observed that while actor Sunny Deol’s iconic dialogue ‘Tarikh pe Tarikh’ may be popular due to delays in the justice system, the judges alone weren’t responsible for the situation.

“A filmy dialogue from the film "Damini" released in the year 1993 that "Tarikh pe Tarikh, Tarikh pe Tarikh Milti Rahi hai..... lekin Insaf Nahi Mila My Lord, Insaf Nahi Mila ! Mili Hai to Sirf Tarikh". This dialogue became very popular because it was the perception of a common man, but the reason for it, of course, is not the judicial officer alone, but the State and its police, as a judicial officer can't decide the cases without sufficient staff and the cooperation of police to ensure the presence of the accused, witnesses and a proper FSL report, etc,” the Court said.  

The Court also highlighted that judges in UP openly face threats and directed the State to consider providing them Personal Security Officers (PSOs).

“On many occasions, criminals gave open threats to judicial officers even in courts during their convictions. Sometimes, when judicial officers visit the marketplace or the public place outside the court, they are indirectly intimidated though veiled threat or otherwise by the criminals, but judicial officers, in the absence of a personal security officer (PSO), used to ignore it to avoid conflict and also to save themselves from being highlighted in the media. This also affects the Judicial function of district court judges, especially the issuance of conviction orders against hardcore criminals,” the Court said.

In UP, PSOs are provided only to senior judges like District Judge, the first Additional District Judge and Chief Judicial Magistrate. 

The Court said that an independent, fair and transparent judicial system is the backbone of a mature democracy but a judicial system that itself depends on the mercy of the State government for sufficient staff and execution of the court process will become like a government department struggling for basic needs and infrastructures. 

“Many young judicial officers, who joined the judiciary though very honest and hardworking, having a motto to dispense justice after entering judicial service, found themselves unable to perform because of insufficient staff, non-cooperation by the police in the execution of court processes(summons ,warrants, etc.), and faulty investigation and improper FSL reports. Consequently, they became frustrated and looked to the High Court for remedial measures, but the High Court itself cannot do anything, as it is the State Government that must provide basic infrastructure, staff, the FSL report, and police cooperation,” the Bench said.

The Court even said that due to the pendency of cases, many criminals were becoming lawmakers and ministers in Uttar Pradesh.

"Because of taking advantage of the pendency of criminal cases, many criminals kept on repeating the offences again and again without any fear, and even many of them also became MLAs, MPs, and even Ministers. As per the Association for Democratic Reform's report, as of the date, 49% of Ministers in the U.P. Government are involved in criminal cases, of which 44% are involved in serious criminal cases," the Bench stated.

The Court added that if sufficient staff and proper cooperation of police were provided to the district judiciary, then the disposal of criminal cases will become fast and persons taking advantage of the pendency of criminal cases against them would be behind bars.

"The innocent will get a clean chit and the person with clean antecedents will come forward for MLA, MP, or even for ministers," it emphasised.

The Court made the observations in an order passed in a bail plea in a murder case. During the hearing of the case, the Court had taken note of the functioning of Forensic Science Laboratories in UP and also the police’s negligence in handling evidence.

On April 29, it summoned Director General of Police (DGP) Rajeev Krishna, Home Secretary Mohit Gupta and Director FSL Adarsh Kumar. 

After interacting with the officers, the Court took note of various issues faced by criminal courts in Uttar Pradesh.

Copy is being updated.