Saturday, 16 February 2013

speedy justice

Justice delayed is justice denied! The Supreme Court right from Antulay's case has held that delay in trial vitiates the judicial process. The main reason for judicial delay is our archaic judicial system,which is a British legacy! Nearly 4 million cases are filed every year in Indian courts and hardly 250000 cases are disposed of! At this rate at will take 100 years to clear the backlog. Our entire jurisprudence rests on the CPC,CrPC and The Evidence Act. Right from 1978, every Law Commission report has recommended amendment of these three laws! All the reports are gathering dust. Lok Adalats,mobile courts,evidence by affidavits,less adjournments,arbitration and gram nyayalayas are some of the recommendations which if implemented can  speed up the judicial process!
The Government also is responsible since it is the biggest litigant! All the government agencies like CBI,State governments,PSUs and the other investigation agencies do not file the charge sheets in time,which allows the accused to get bail.The CBI has filed a 70000 page charge-sheet in the CWG scam case! Politicians routinely tamper with evidence, threaten witnesses, pressurize judges and even arm-twist the police officers so that they are not convicted. Almost 60% of our elected representatives are involved in some offence or the other-rapes,murder,theft,rioting, making inflammatory speeches and corruption are some of their favorite past-times! The conviction rate in India is barely 4 %. I cannot remember a single politician having been convicted in the past 66 years.
To say that our judicial system has become a farce will be an understatement!

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