By A. D. Gashnga
Five years on from the horrific murder of a three-week old baby boy, family members, friends and campaigners still await justice as backlog has led to delays in trials…
Who can forget the horrific incident which shook the entire North East on 19 June 2018? As residents of Mission Compound were sound asleep, notorious crook Clarence Jason Rajee, jealous and in rage after his wife had left him for another man, barged into the house of his ex-wife at about 2.30 a.m. and brutally assaulted her. The diabolical ex-husband then snatched the baby boy from her, broke his limbs and later choked and drowned him in a bucket of cold water.
Clarence or Joey Charso Bees (Joey 420) as he is infamously known in jail for scamming people is a notorious crook involved in a series of crimes in Meghalaya as well as outside the state. He was arrested in 2017 in a kidnapping case and was out on bail at the time of the murder and rearrested for the third time in a fraud case in 2021 whereby he sold a stolen Audi car for Rs. 17 lakh. Some people have also alleged that Rajee was involved in several job scams promising them government jobs and dubbing them of lakhs of rupees.
So why the delay in conviction of criminals such as Clarence Jason Rajee?
As a law student, I understand that the District Courts backlog in the state of Meghalaya has been a significant issue for the criminal justice system here for many years, with the number of outstanding cases increasing to unprecedented levels. The backlog has led to delays in trials and justice being served, and it has placed a significant burden on the criminal justice system. District Courts in the state hears several types of cases from petty to serious criminal cases such as murder, rape, and robbery. The backlog in courts means that cases are taking longer to be heard, and trials are being delayed.
The 2020 Covid-19 pandemic has had a significant impact on the Meghalaya court system too, with many hearings and trials being postponed or moved online. Social distancing measures have also led to reduced capacity in courtrooms, leading to longer waiting times for trials to be heard. The backlog has also been exacerbated by the increased use of digital evidence, which requires additional time and resources to process.
The impact of the backlog is felt most acutely by victims of crime and their families, who may have to wait months or even years for justice to be served. Defendants are also affected, as delays can result in lengthy periods of remand, which can have a detrimental impact on their mental health and well-being. The Meghalaya Government is yet to come up with steps to address the backlog, including to provide additional funding and recruiting more staff to support the court system.
Even though the use of technology as a solution to the backlog such as virtual hearings and video conferencing has helped to reduce waiting times and increase the efficiency of the court system, however, concerns have been raised about the potential impact on the quality of justice, particularly in cases where a defendant’s liberty is at stake.
For victims, delays in the courts can mean a prolonged period of uncertainty and anxiety. They may have to relive their experiences by giving evidence in court, and delays can make this experience even more difficult. Victims may feel like justice is being delayed or denied, and this can have a negative impact on their mental health and wellbeing. Delays can also affect victims’ ability to move on with their lives. They may be unable to access support services or seek closure until the case is resolved. This can impact their ability to work, maintain relationships, and take care of their families. Furthermore, delays in the courts can also impact the criminal justice system as a whole. It can cause backlogs in the court system, which can lead to longer waiting times for trials and a higher risk of cases being dropped due to lack of resources or witnesses.
So what needs to be done?
Swift justice can only be achieved by streamlining the legal process, investing in Courts and reducing unnecessary delays by increasing recruitment and retention. The only way to deal with the backlog is to build more courts. There are dozens and dozens of cases each week that do not go ahead due to lack of court space. The only way to reduce this is to invest in new court centers.
Creation of a designated email address managed by judges for urgent requests and actions such as bail variations, extensions to file documents and ancillary orders can also help. Applications can be made on paper, and judges can make orders and serve by email. These hearings are to be remunerated the same as if the hearing was in person as full and proper responses to application are required.
The District Courts backlog in Meghalaya is a significant issue that requires urgent action. The delays in justice being served have a profound impact on victims, defendants, and the wider criminal justice system. While some measures have been taken to address the backlog, more needs to be done to ensure that justice is served swiftly and efficiently, and more money needs to be spent to achieve this. Justice for defendants and victims can only be achieved if it is swift. Swift justice acts as a deterrent to crime, as potential offenders are aware that they will be punished quickly if caught. This can lead to a reduction in crime rates.
Additionally, victims feel that their cases have been heard and resolved quickly, providing them with a sense of closure, satisfaction and reassurance. And most importantly swift justice is an essential element of the rule of law, ensuring that justice is served promptly and that individuals are held accountable for their actions without spending many months on bail or on remand. It cannot be said the current state of the justice system is one that is delivering justice to society. It is hoped the MDA 2.0 government will consider this when considering its priorities in government as it is clear, investment in the system is needed to put Meghalaya on par with other states who do not seem to have a huge backlog of cases.
(A.D. Gashnga is a law student and blogger. She is originally from Jowai, Meghalaya researches on various topics including women and child rights.