‘Justice delayed is justice destroyed’: CJI Surya Kant says power to grant interim relief is often a citizen’s only real ‘access’

Article 226 of the Constitution grants powers to the high court to issue directions, including court orders, to any person, authority or government to enforce the fundamental rights of citizens.

“Perhaps the most critical, yet overlooked, facet of access provided by Article 226 is the power to grant provisional measures. For a small farmer whose land is being confiscated or for a student who is unjustly denied admission, delayed justice is not just justice denied; it is justice destroyed. The ability of the high court to stay an executive action at the first hearing is often the only true
‘access’ that the citizen ever experiences,” said CJI Kant.

Access to justice must be an ‘active service’

“The future of the apex court depends on its ability to act as a proactive court. The court must not only wait for knocks on its door, but must also remain alert to systemic failures in the rule of law… The aim must be to transform ‘access to justice’ from a passive right to an active service guaranteed by the State,” he added.

The CJI also said that the high courts “need to strengthen their powers and also evolve their practice”, the first frontier being the “digital gateway”.

To ensure equality through technology in the daily operations of the courts, he urged the courts to stop considering virtual hearings as “emergency measures” and adopt them as a “permanent pillar of accessibility.”

“In an era when citizens’ rights are just as likely to be infringed by an automated system or by burgeoning technology, our courts must adapt accordingly… It is a well-known truism that the advancement of technology is further deepening the economic divide between the haves and the have-nots. Therefore, technology must be harnessed to ensure judicial equality,” the judge said.

He added that a tribal woman in Gadchiroli or a worker in a remote corner of the northeast should not have to travel far to seek justice and there should be “accessibility and affordability”. CJI Kant further stated that the gap between the rights of citizens and available remedies should be bridged through “procedural innovation”.

The Bombay High Court also congratulated Justice Kant on his appointment as CJI at an event held at the Taj Hotel in south Mumbai. Responding to appeals by Supreme Court Justice Dipankar Datta (former Chief Justice of the Bombay High Court) and Deputy Chief Ministers Eknath Shinde and Ajit Pawar, who were present at the event, CJI Kant said he would look into the issue of converting the Kolhapur circuit bench of the Bombay High Court into a permanent court and reach out to the authorities concerned. “There will be constant support for their cause from the Supreme Court,” said the CJI.