Saturday, December 4, 2010

Justice delayed and denied

“Justice Delayed is justice denied”

India’s judiciary is single, integrated and unified. These three words momentarily describe our judicial system. But yet, we all know that, when we look at a coin, we take a glance on both the sides of the coin. Likewise, when we talk about Indian Judicial System, One side says that it is single, integrated and unified and the other says- WEAK.

Why every justice takes years to be executed? Why people having a huge bank balance are never punished in the same way as a common criminal is punished?

Our weak judicial system invites corruption, bribery and makes India more vulnerable to terrorist attacks.

Ashwani Kumar, the CBI director, himself stated that- In India, Departmental trials of corruption cases go on for years and these delays encourage the dishonest to indulge in corrupt practices with impunity.

This shows that even the people who have their hands on the judiciary of India are not satisfied with the way it works.

The demeanor of Judiciary counting superior judiciary  in the last few years, sex scandal of Madras High Court, club scandal of Punjab High Court, do not authenticate to the principles expected from the guardian of Our Indian democracy.

One gets shocked when he/she come through these lines in an e-article-
CHENNAI - Sriharan Nalini, serving life sentence over former prime minister Rajiv Gandhi’s assassination, may face disciplinary action following the seizure of a mobile telephone from her cell, a senior official said Friday.
As possession of a mobile phone by a convict is a criminal offence, she could be shifted from the Vellore prison to another jail and her prisoner status could be downgraded from ‘A’ class to ‘B’ class.
This shows that our Indian Judiciary can also be merciful with a person who was conne ted to the assassination of a great personality of our nation-Rajiv Gandhi.
Why to take an old case; let us take the recent Ajmal Kasab case, the man, oh no, the kid, who was found guilty of the 26/11 attack.
The judge made 196 points in the 85-page summary of his 1,522-page judgment. The judge said, "These are crimes committed not by a normal criminal but by a committed man who wanted to wage war against India.
Yet, the last hearing was not given on the same day. It was postponed to 6th May.
Why not they understand that this person is  worthy of nothing, but the gibbets?
But, then, a rediff reader correctly says-
“After all the Govt has spent only one and half years in trial,prosecution, investigation, etc.
and so far only Rs. 35 crores has been spent.
The correct procedure is..
Appoint one more lawyer for Kasab.
File for appeal. Then again drag the proceedings. Again give newspaper press conference, bring fresh evidence and fresh witness. Prosecution can bring fresh charges. Govt ministers can also join in the fun. Home Minister can make some announcements like appointing a Committee to look into the case. Some other Minister can ask CBI to make an investigation, etc etc...”
This shows how “perfectly” our system works.
Surender Koli, is the lone person accused in the second Nithari case. In this case, he had been held guilty for raping and murdering seven-year-old girl Arti. But yet, our judiciary system has yet delayed the justice to the case. Even his death sentence was stayed by the “APEX” of our judicial system.
For a person doing this type of horrendous activity, he should be given a very pitiless justice, but no, we have to wait.

It is apparent that the judicial system needs to be cultivated and restructured by the populace of the nation, so as to make it function in agreement with the philosophy of the Constitution. IT has been rightly said by someone-
The judiciary has long been regarded as a holy cow. It is high time that the actions and judgments of judges were scrutinized from the point of view of class and communal bias, arrogance, corruption and non-adherence to Constitutional principles.
We hope that if our Advocates and the Judges stop misapprehending the laws that no less than 80 % ills affecting the judicial system can be alleviated.


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