Where is the Rule of law in the Administration of justice?

The topic itself would convey the displeasure and dissatisfaction of the common man over the administration of justice. Administration of criminal justice has almost become an empty formality.

Even in the trial for heinous offences, the culprits are acquitted on technical grounds, more often, on ground of benefit of doubts which were intentionally created by none other than the prosecuting agency itself. However, neither the State nor the court is taking any serious efforts on punishing the real offenders.

Law-abiding Victims are further victimized and the culprits are getting strengthened day by day due to the extraneous calculations in the administration of justice. Litigants are approaching courts of law with a trust that the justice will be delivered to them in accordance with the law. However, it is a billion dollars question as to whether the judiciary has really discharged the trust reposed by the litigants.

The judges who have delivered the judgments in the controversial cases, unhesitatingly do accept the post retirement appointments from the Governments in such a way that it would shake the faith and confidence of the common man over the entire institution of the judiciary. Such incidents would not be in the interest the entire nation.

In reality, Administration of criminal justice is almost at the mercy of the State. Bureaucracy, especially the Police Department is not free from political interference. Principle of “might is right” which was practised in the primitive society, is still felt by the people of the State which has enacted so many provisions of laws, but failed to ensure fair justice system within its territory.

Detection of crime, investigation of crime, and to Prosecute the offenders are some of the pertinent duties of the State. However, in practice, some of the Police officers do not register the complaints against the offenders either for an unlawful consideration or due to some sort of political pressure on them. However, inaction on the part of the police authorities, cannot be ignored nor can it be pardoned. For shielding or trying to shield any wrong-doer itself is a serious offence.

Sometimes, Police is filing False Reports in favour of the culprits in the Courts of law, intentionally with a bad motive that the offenders are allowed to go scot-free in the criminal trial. Witnesses are being threatened not to support the prosecution case so that it becomes impossible that the justice is delivered to the victims by the courts of law.

Some judges, do pass wrong orders in a very careless and irresponsible manner. The litigants, are, therefore, constrained to file appeal, revision, Review, etc. So the litigants are facing delay in disposal of cases and to incur unaffordable expenses towards the litigation. Frustrated litigants, are, therefore, constrained to give up their genuine claim in spite of having ample chances of their claim being accepted by the courts of law in the future.

Judges enjoy so much respect because of their position in the Society and of their powers. However, they are not easily made liable for their non-performance of the corresponding duties. The law enforcement agencies are themselves putting spokes in the wheels of the administration of justice at the cost of the majesty of the law.

Uniformed and organised criminals are making the provisions of law meaningless by indulging in fraudulent and unlawful activities in a shameless manner. In reality, the safety and security of the honest and straightforward officers involved in the holy task of administration of justice, is not satisfactorily ensured by the State. Administration of criminal justice is, therefore, characterised by inefficiency, slowness and lethargy.

The litigants, are, therefore, losing faith in the justice system day by day in the absence of any practically possible mechanism to redress their grievance against corrupt judges. Victims failing to get justice from the corrupt system, do suffer from the stress related deceases. Victims who have lost faith in Justice Delivery system, are forced to the take some sort of retaliatory measures to get justice. One crime, is, therefore, followed by another as it used to be in the Primitive Society.

Dishonest police and corrupt judicial officers are, therefore, more terrific and dangerous than the disappointed victims who are forced to take laws in their hands for obtaining justice. The corrupt judges who are causing distrust in the minds of the litigants and force them to commit crimes in retaliation, are supposed to be prosecuted as if they have abetted the said crimes so as to remind the corrupt judges that the crime never pays.

Preamble of our constitution guarantees to a citizen justice, liberty, equality and fraternity. All these are possible only when there is rule of law. Where the rule of law is strong, the People uphold the law because they have a stake in its effectiveness. However, the Rule of law has now been diluted by the executives of the State in such a way that the victims are further victimized even by the judiciary on some or the other technical grounds.

It has been pointed out by the hon’ble Bombay High court that it is not only the obligation of the State administration, but also of the Courts to ensure that a fair and effective criminal justice system is in place and is implemented. Sometimes, two different judgments (!) are delivered in one case falling under the same law. If one judgment is right, the other one becomes wrong. But, why are the litigants required to spend so much amount of money for the appeal, to rectify the mistakes done by the previous judges in a very careless manner?

Why are the litigants required to wait for so many years to get justice when the previous judges have failed to perform their duty by applying their mind and law while deciding the cases?

Is it practically possible for a litigant to prove that his case was decided by a corrupt judge for an extraneous consideration and that he / she misinterpreted the law intentionally according to his / her convenience?

The judges do enjoy some privilege and immunity. However, the same should be meant for exercising their powers and performing their corresponding duties in the interest of the justice not for taking away the chances of the litigants to get justice in a legally permissible manner.

Millions of cases in the Indian courts of law have been pending for more than 10 years. Some Judges, instead of removing cause of action, do create new causes of action for future litigation. It is, therefore, high time now to scrutinize the role of the judges for long pendency of the cases and to fix the liability on the errant judges for passing wrong orders in a very careless manner so that the judges will be restrained from passing wrong judgments for an extraneous consideration.

Judiciary when applying the law to a particular case, must do so independently and without any external pressure or control. A dishonest judge not only disgraces his office, but also makes the entire justice delivery system vulnerable.

Sometimes, the judgments are passed by the judges depending upon their mood or depending upon the social status of the litigants in a particular case.

Governments tend to knowingly violate the Rule of law and the constitution and pass unconstitutional orders which would defeat the very purpose of the Rule of law. When the Governments violate the Rule of law and the Constitution, Writ Jurisdiction is the last recourse for securing justice and upholding the Rule of law. Writ Courts would award substantial amount of compensation to the aggrieved Parties and would direct recovery of amount of compensation from the salary of the errant officers of the State.

SOME QUESTIONS TO YOU:

1. Do you think that the Judiciary is free from corruption?

2. Do you think that the Judiciary is free from any interference by the Governments?

3. Do you think that every person is treated to be equal in the Courts of law irrespective of his / her social status?

4. Do you think that the principle of Might is right is no longer in practice?

5. Do you think that the chances of getting justice from the Apex court of law, are equal and the same for a person
living in the remote areas of a State and the person who lives in the City of National capital?

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