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  • Category: Miscellaneous

    Justice Delayed Is Justice Denied. How Far We Agree With This?

    This has become a common perception of all of us which is even without having a glace to the news that we get the impression were in we don't believe in law anymoreor in another words that we don't feel confident of justice procedure.

    With a sense of insecurity & fear, the common people don't want to get themselves involved with the law & justice as this is not simple as this seems to be. The biggest disadvantage is that of the duration that this could extend up to. But due to law has its own course of actions & so we can't blame the court for its procedures. During the course the witnesses are brought & sold & the cases are manipulated to such an extent that original incidence goes missing. The high profile cases leads to political interference & to the generations of attendance to the court that often this become unbearable for the common people. This doesn't surprises me if the victim is dead in between.

    Our courts in India have got one of the largest numbers of unsettled cases which are pending since long due to long hearings. The big names in which the victims couldn't get the justice are The Bhopal Gas Tragedy, migration of Kashmiri Pundits from J&K region, the victims during the emergency regime & son on.

    As per the latest release, Over 10 lakh cases pending in HCs for over 10 years & many of them pending for 20 years and more. Adding that, Over 2 crore cases pending in India's lower courts.

    Pl. put your views onto this & tell us more about so as to come up with something important.
  • #637044
    Sir, that Jayalalitha and her bosom friend friend Sasikala were able to pull the disproportionate assets case for over twenty years, is a huge case in point. It did take a fearless Justice Cunha who wrote a landmark judgement.

    Yes, justice delayed is justice denied. We should not blame the Government alone for this sorry state of affairs. Perhaps the answer is elsewhere -- judicial reforms. Why not have fast-track courts to try rape cases, and give the judgement, most importantly, death punishment, to the accused, within six months? All the accused in such cases should compulsorily die, and we should not have some excuse to keep them alive.

    Similarly, why should we burden the Supreme Court of India, if some cases can be very much decided at the State level? Even if we go to each of the water sharing disputes, we will discover that the genesis of each of these disputes can be traced to the giant sized egos of some Chief Minister at some point of time.

    We should try to settle most matters out of court, and allow the courts to only do justice in vital matters like law and order, excess wealth of our political class, acting as a shield for every excess of the executive and so on. We we change our attitudes, I am sure judicial reforms will fall in place.

  • #637051
    Yes I do agree that justice delayed is for justice denied. I had been to the courts on many occasions with my friends on their cases, What I found that even small cases where in the main accused are not coming to the courts are just postponed with dates and thus the cases piled up for no reasons. And Judges who are capable of reading and judging the cases on their own with just a glance are insisting for legal proceedings thereby simple cases are prolonged to more than 20 years. Many a time a case put during teen age is won or the final out come came during the fag end of the life. Damn slow our judicial system.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #637067
    It is very true. If a person who has done a crime is not getting punished immediately the victim will really feel that injustice is done to him. A person who made a lot of money in illegal ways and accumulated crores of rupees was not given the punishment immediately he will utilise his money and try to manipulate the issues. Finally, he may be left free without any punishment also. The culprits should be punished at the earliest so that justice will be done to the victims.
    But in our country, many cases will be kept pending years together and the people who committed mistakes will be roaming freely on the roads.

    drrao
    always confident

  • #637213
    Justice is an complex word. For one to ensure justice is done, the deciding authority has the enviable task of considering the case, the evidence so far, the external pressure and interference, the authencity of the facts, have an impartial approach etc.

    The biggest task for the law makers would be in the endeavour to punish the guilty, they should also ensure that the accused is given his/her dues and rights, and also to avoid an innocent 'alleged culprit' being wrongly punished.

    So, Justice delayed in justice denied is true in principle but it is a real life it is a fact of the system and society, we have to consider it keeping in mind the above and the grossly skewed equation of cases and resources at hand.


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