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R C Nigam (xxxxxxxxx)     11 February 2013

Delayed justice

Common Indian is loosing faith in the country's Judiciary, because of delay in Justice. The other day, I read in DAINIK JAGRAN, a Judge telling that it would take about 325 yrs to clear the backlog of cases, while an other opined that it could take more than 400 yrs. Occasionaly, it is also told that the number of Judges is inadequate to hear the large number of cases. A few of the lumaneries like CJI have, contrarily, observed that they were themselves responsible for the pitiable condition and were demolishing the citadle brick by brick. A few questions by a petitioner demand an answer in this regard, which may clear the hazy picture.

1. Do the recently established Adm Tribunals, Cons Forums, Family courts, Fast Track Courts not mean increased number of Judges?

2. Will further increase of strength of Judges guarantee quick Judgments? Will it make the courts more responsive? Will it ensure a consistency in the policy of listing the cases in High Courts? Will it eliminate the practice of erratic, arbitrary listing? Cases are reported when the listing was not done for years and for some period every week and again no listing for months together, Why? Why an application was disposed off after a year? Why, after dwelling upon the matter for 7 long years, the cases are reffered back to the authorities for reconsideration, instead of final verdict? Why the adjournments are allowed, on petty grounds, without fine? ....................................

3. Why the Judges do not take cognizance of FALSE & MISLEADING averments and discourage such maneavouring? Why the Advocates are not held responsible?

4. There is a demand for Fast Track Courts in criminal cases, but why not for civil matters? Does the delay in Judgment, say in the case of a retired employee hankering for his payments, not mean denial of Right to life?

5. Recently, being fed up of date after date, a rape victim consumed poison in the Court Room. Earlier a petitioner threw Shoe on the Judge.

It is high time the Judiciary introduces reforms of its own, lest the people take things in their own hands. Ending long vacations, Ban on Strikes, Eliminating frequest adjournments, Transparency in listing and preferably pro active action by the Judges to remove redundant argument even after written facts, grounds and arguments etc.



Learning

 1 Replies

zimmerzapper (student)     13 February 2013

Dear Nigam, why doesn't the government run courts 24x7 throught the year, like other special services like hospitals and police. In our country, lay people are not taught even the basics of arguments and logic and other related subjects, they hense don't realize the abuse they are subjected to and suffer ignorantly, because of this ignorance they accept ill-treatment from lawyers, etc. Lawyers on the other know these subjects well and stand their ground. When lay people don't tolerate this they are branded as trouble makers and crushed. We should try to increase awareness of verbal abuse and teach about arguments.


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