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JUSTICE SYSTEM IN INDIA

(Added on 22/06/2012 pcg)

The Justice System in India is in shambles.The pendency of cases in courts in India have assumed alarming proportions. Delay in administering Justice makes the system weak and meek. It tends to dilute the purpose of Judicial System itself. A punishment imposed after a long time does not have the same impact upon the victim or the perpetrator or the public at large as a punishment promptly imposed generates. There are persons who easily deceive the Justice System by evading punishment for a long time by prolonging the case while in contrast there are persons accused of offences who are not able to secure bail for one reason or another, and languish in jail as under- trial prisoners for years even if innocent. All these things have catastrophic effect on the maintenance of Rule of Law and erode people’s faith in the justice delivery system.

Judicial System needs a thorough immediate change to ensure quick disposal of the cases.

(Added on 19/06/2012 pcg)

Sh. Gilani is no more the Prime Minister of Pakistan

I had come to the conclusion long back that the root cause of most of our problems is our inefficient justice system. We take too long to decide any case. Hence people do not get justice for long years nor are the culprits punished for those long years. Hence the deterrent does not exist for most of the people except for the law abiding citizens.

See even in Pakistan, they could decide the case against their Prime Minister Sh. Yousuf Raza Gilani in such a short time. As he had been found guilty of contempt of court and was punished for the same on 26th April,2012 (though only for 30 secs), hence as per law he is not eligible to be a member of the Pakistan Parliament and thus stands removed from primeministership since 26 April 2012.

This is a case where the Supreme Court of Pakistan had ordered their Prime Minister to write to Swiss authorities for reopening an old case of receiving kickbacks from Swiss Companies by Sh. Asif Ali Zardari present President of Pakistan. Mr. Gilani did not write to Swiss authorities hence he was found guilty of committing contempt of court and was convicted. As per Pakistan Law, no convicted person can be a member of their parliament.

In India, names of even those persons are not made public who has been confirmed to have illegal money in Swiss banks. Even courts are guarding these names. In India mercy petitions wait for decision for years. Court cases are dragged for years. Now the interested party Maharashtra Govt. says CBI has no authority to enquire into ADARSH scam. In Noida when most of the plots were allotted to high ups only even court disallowed investigation for two years. This gave enough time to the culprits to fuzz the records.

Will our Supreme Court wake up? When will our legal system get quick and efficient?

(Added on 13/03/2011 pcg)

Delhi High Court decided use of foul words againt your seniors is not indiscipline worth removal from service even in armed services. I think use of foul language against the judges in a court is still a cause for contempt of court.

How does the judges think that discipline can be maintained in the organised sector? I think the department must go for appeal in the Supreme Court. I am sure the court shall honor the decision taken by the department if due procedure was followed for removal.


(Added on 01/11/2007 pcg)

What is the biggest problem of India?

It is not the politicians or bureacrats or the caste system or the relegious fanatacism or the corrution but the justice system of India. If the Justice System is effective, rougue politicians, bureaucrats, relegious fanatics and corrupt, all can be corrected.

What kind of justice is that if one has to wait for it for as many as 15 long years. More over under the disguise of the system that 99 guilty may be released but one innocent should not be punished, most of the guilty are set scot free. Is it realy so difficult to decide whether a person has committed the wrong or not? In the whole system it is the lawyers manipulations which delay the decesions and create confusions for the judges to decide. They are forced to acquit the accused while they very well know from the proceedings of the case that the person is guilty.

In the whole system of justice the role of the lawyer/advocate remains dubious. It is very commonly beleived that he is not for justice, he is only for saving his client any how if he is the defence and getting convicted the other party if he is the lawyer for the plaintiff. He may go to any extent even fabrication of evidence to achieve this .

Why is a lawyer needed?

  1. People in general do not know the constitution. Lawyer is required to determine the section of the constitution against which some body has committed the crime for purposes of filing the case.
  2. People may not be competent to put up their position clearly.

Does general people know the consitution?

No. But they are supposed to act as per constitution always and ignorance of law is no excuse.

How can they do it?

Because they know what is wrong and what is right even if they do not know the consitution.

Then why a person is required to know the constitution before filing a case? Why the judge cant here the case and decide whether somebody had infringed certain sections of the constitution and announce punishment accordingly?

We should get rid of the lawyer based justice system.

At least there should be a parallal justice system wherein if a person files a case no lawyers from either side shall be allowed. In fact they may not discuss the sections at all. Only the case as to what happened where happened when happened and who did what, who said what who saw what and who heard what and the sequence of the the whole episode needs to to be gone into. It is not only what is said is important, it is also important how it is said, tone and body movements say a lot and then the judge or judges may decide as who did what wrong and announce punishment commensurate with the offences committed. The whole case on an average shall not take more than a month to decide.

Judges may not be fixed. Prominent members of the society may be called to decide the cases at random. They may be on panel. Panel may be as big as Lacs of persons. Retired judges , bureaucrats infact any body other than public persons such as politicians and municipal councillors etc. may be a member. Only those persons who need votes or who seek votes for their positions should not be a part of it. And of cource we may avoid inclusion of uneducated persons also. Minimum qualification may be graduation.

Justice system should be like that of the legendry kings, any body may ring the bell. The king will not allow the lawyers, he only consults his ministers to arrive at a decesion if necessary and there is no dalay in awarding justice.