One court, final judgment.
Guest
(Querist) 24 October 2009
This query is : Resolved
In our country for every law there is a remedy. Due to fundamental rights provided in our constitution several culprits are escaping from law or prolonging cases in the court. Due to hierarchy system in judicial from lower court to Supreme Court culprits are taking advantage. One court, final judgment. No appeal should not permit to higher courts except in death sentences.
Please comment.
Adv Archana Deshmukh
(Expert) 24 October 2009
Many times courts do commit errors in appreciating the evidence on record, interpreting laws and facts, that leads to miscarriage of justice. What should a innocent person do in such a case, if the right of appeal is taken away?? Right to appeal is a very imp. constitutional right & it should remain.
Guest
(Querist) 24 October 2009
A Judge is a judge. Before giving judgement he has to take all laws and acts into consideration.If he did any mistake he should remove from the position. Then only right person gets right judgment.
Adv Archana Deshmukh
(Expert) 24 October 2009
So do you want to say that judges do not commit any error/mistakes? They are also human beings. If you keep removing judges for their single mistakes then, how many judges would you remove??? And who will decide whether the judgement is correct or incorrect, legal or illegal? That is what the function of the appeallate court is !
Guest
(Querist) 24 October 2009
That is their duty they should not commit any error while pronouncing judgement. Due to inexperienced judges and not taking cases seriously litigations have been increasing day by day. No problem. Once removing judges start for a cause of errors in judgement in near future they do not do any mistakes while pronouncing judgement. May I ask you in Monarchy countries how many courts we will see? In olden days (during kings times in india) how many courts were there? They controlled not today's india they controlled Maha Bharat.
n.k.sarin
(Expert) 24 October 2009
Mr.Prakash basically your concept is a wrong concept.judge is also a human being and can do error in his work . our judicial system is a very liberal one.The basic idea behind this is, that hundred criminals may get acquittal but one innocence person can not be punished.so right to appeal is a very important right as said by Archana ji and it must be remain. nobody is in the world a perfect person except God.In my opinion our judicial system is the best one in the world and I proud on it.
Adv Archana Deshmukh
(Expert) 24 October 2009
Our country do not have a monarchy.
We have a D E M O C R A C Y.
And our judiciary is one of the finest one.
Kiran Kumar
(Expert) 24 October 2009
Mr. Parkash please dont believe the Judges and IAS officers are GOD. even in your last post you termed DC as a most competent and responsible person....are you aware of the level of corruption in the society....mind it all the judges and administrative officers are human beings....i agree with Archana Ji- we are not a Autocratic Nation.
as far as duration of trial is concerned there have been substantial efforts from the judiciary as well as by the central and state governments.
in fact when a young law graduate becomes a judge, he is not fully infused with all the laws and legal interpretations, improvements happen with time.
you must have read few days back, Law Minister of India saying the time limit to be fixed for disposal of a civil case to be 3 years....there has been substantial increase the judicial officers Cardre.
in near future, as the No. of judges go up, the present system will be quite effective one.
just answer to yourself, if you commit some mistake professionally should you be deprived of your professional rights?
Guest
(Querist) 24 October 2009
Kiran Kumar ji,
I agree with you. For the last few years I have been seeing some petitioners (right persons who suffered a lot not yet get justice)and Peoples representatives speak about law but they are law breakers. Yes, after a vast experience only an Advocate should become a Judge. If A young Graduate becomes a judge he should assist the Principle Judge for providing legal interpretations. So the Principle Judge can deliver right judgement to the right person without commiting any errors. A young judge also gets experience.
We should not see quantity of judges we should see quality of judgements deliver.
Yes, I agree if a professional commits some error he is responsiable for the case.
A professional should think and work very causiously.
I beg your pardon, after some research only I am expressing my views.
Raj Kumar Makkad
(Expert) 24 October 2009
Kiran and P Sathya have replied well against your quarry. nothing to add.
Anish goyal
(Expert) 24 October 2009
Prakash sir you r talking about Revolution. When we see such a great level of corruption in the society or in our legal system, your response is obvious 4m a conscious citizen like you.
About appeals i would like to say that the policy of law is, let 100 accused escape liability but not to punish a single innocent person.
Kiran Kumar
(Expert) 24 October 2009
Parkash Ji, society can not be ideal in nature.
yes, there is a scope for improvement in every section of society...but someone has to take intiative....its a matter of individual effort primarily.
a.manoharan
(Expert) 25 October 2009
Mr. P Sathya ,
As per your words "A Judge is a judge. Before giving judgement he has to take all laws and acts into consideration.If he did any mistake he should remove from the position. Then only right person gets right judgment." OKAY. WHAT IS THE REMEDY FOR AGGRIEVED PERSON FOR WRONG JUDGEMENT ALREADY PRONOUNCED? OR ELSE, WHAT IS THE AFTER-POSITION OF BENEFICIARY ? OR THE SAME ONCE AGAIN TO BE TRIED IN SECOND TIME? IF YOU AGREE FOR SECOND TRIAL , WHY CAN NOT YOU AGREE FOR APPEAL?
a.manoharan
(Expert) 25 October 2009
Mr. P Sathya ,
As per your words "A Judge is a judge. Before giving judgement he has to take all laws and acts into consideration.If he did any mistake he should remove from the position. Then only right person gets right judgment."
OKAY. WHAT IS THE REMEDY FOR AGGRIEVED PERSON FOR WRONG JUDGEMENT ALREADY PRONOUNCED? OR ELSE, WHAT IS THE AFTER-POSITION OF BENEFICIARY ? OR THE SAME ONCE AGAIN TO BE TRIED IN SECOND TIME? IF YOU AGREE FOR SECOND TRIAL , WHY CAN NOT YOU AGREE FOR APPEAL?
Shashikant V. Patil
(Expert) 25 October 2009
Dear Satyaprakash
Your point should have also welcome by our Ld friends in view of delay in justice as you emphasised on prolonging cases. I too agree with views to some extent on the point of prolonging cases. There is a prevailing adage should not be overlooked by our Friends i.e "JUSTICE DELAYED IS JUSTICE DENIED " In this regard we all can do something. Otherwise, our prevailing judicial system is uncommon and best in our democratic country. Only the thing our abundant cases are lingering,pending for unwanted cause a delays in justice.
Guest
(Querist) 25 October 2009
Sarin ji said our judicial system is a very liberal one.The basic idea behind this is, that hundred criminals may get acquittal but one innocence person can not be punished.
Yes due to libaral judicial system huge number of percentage people are violating laws and they (Criminals) are least bother about law and doing crime.They think do crime and get bail, roam in society without any fear. That type persons will become heros or Mafia gang leaders or peoples representatives. For the sake one innocent 100 criminals should not aquit. If this trend goes one day our society may have full of criminals. Law should implement according to the changing times. To control criminality in the society very stringent laws are utmost necessary and should impose.
As per our indian philosophy God can been seen every where and in every one.Therotically our judicial system is best in the world and when practically it comes it is worst in the world.
Archana ji rightly said what for Appeallate court. It is for when a very complicated legal interpretaion can not be solved in a Lower Court (High court)in the interest whole country Appeallate court will solve the issue.She said ours is Democratic country. who said it is not? In a democratic country like ours laws are misusing and the criminals who violate laws speak about democracy.Fundamental rights are violating each and every section of our society in the name of democracy. In a democratic country one should not speak as he likes and what ever he wants to do. We should not think one side of the democracy we have to think other side also.
Mr.Manoheran ji said FOR AGGRIEVED PERSON FOR WRONG JUDGEMENT ALREADY PRONOUNCED? OR ELSE, WHAT IS THE AFTER-POSITION OF BENEFICIARY ? OR THE SAME ONCE AGAIN TO BE TRIED IN SECOND TIME? IF YOU AGREE FOR SECOND TRIAL , WHY CAN NOT YOU AGREE FOR APPEAL?
If Judge delivers right judgement to the right person at the right time no need to go for appeal.
As Mr.Kiran Kumar ji said, society is flexibale.
Yes. The law of the land should change with time in the interest of the country.
I also thank to all expressing their views.
adv. rajeev ( rajoo )
(Expert) 01 November 2009
Now a days u know what is happening in juidicial system. Mr. Dinakaran there are so many like this, how will you expect good judgemtns.
