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  • Category: Miscellaneous

    Why Swift Justice system is lacking in India?

    India being the largest democracy in the world, has the highest number of pending cases in various courts throughout the country. Though there are many incidents which demanded the action through fast courts and swift justice, it has not been implemented. As the judicial saying itself says "Justice delayed is Justice Denied" why isn't our judiciary system swift?

    I will not take any particular case or crime that has created a mass roar amongst the public, but I would like to know why such crimes aren't closed by swift justice? Take western countries, take the USA for example, the justice system is so fast and swift that there will not be any prolonged delays in the courts. Do not contemplate this swift justice in the USA does not stop crime rate in that country, I just want to know why it is so slow in India, irrespective of the outcome even if swift justice is implemented. Maybe there will be some positive change in the society and offenders may step back thinking about the swift justice but that might be the case if it is in action and it is not happening. Why?
  • #626187
    Once I asked the same question to a famed lawyer in Hyderabad. He simply said that those who commit the wrong must undergo the punishment. By delaying the justice, the court tries to teach the bitter lesson to those who committed fraud or other unlawful means and thus by roaming too many times to courts for dates and hearing , one gets tired and retired too. So this the reason being so even the judgement can be pronounced on the face of if and the courts can get rid of so many cases coming for hearing and dates daily. But the courts wants to prolong to have the bitter taste .
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #626231
    I will not agree with your lawyer's statement. Mohan. It is to know that the culprit, as well as the sufferer, also have to take the pains of going so many times to court. Is it not a suffering to the victim? How we can leave these culprits in the society free and it is nothing but encouraging him to do some more misdeeds, I feel. If the cases are petty cases and there is no good impact on anybody, it is a different story. But people who violated the law and made a hell lot of money and enjoying happily will also be seen in the same way. These people will try to turn the facts to their stride and come out clean after a long time. So definitely I feel A justice delayed is a Justice denied. The cases should be finalised and the persons to be punished if they were found guilty. This will bring some respect to the Judiciary system in our country. But unnecessarily getting the cases postponed from time to time and delaying the outcome is not a good practice.
    always confident

  • #626234
    @K. Mohan sir
    The lawyer whom you asked is a fool or so blind to see that the victim will also undergo the pain by running around the courts for justice. While the culprit has free transportation and accommodation, the pain the victim undergoes because of delays is much more than the culprit.

    Thank You
    Dr. V. Shashikanth

  • #626523
    I think under article 14 or 21, a right to a speedy trail or justice is mentioned in our constitution. The simple answer is a combination of shortage of manpower and resources with a lethargy in the system. One can commit a crime, then find a smart lawyer who can prolong the case based on each loop hole that he finds related to the case. There are cases that would be pending for many years. Many a times we hear about a judge from a lower/sessions court with a huge backlog of cases even before he/she starts to take office. So, the case burden keeps on piling up with no real way to clear, hence the criminal and victim/victims family languish within the legal system. There are politicians who have cases pending against them for a few years, this would be a combination of using their clout and their money to buy freedom. To get swift justice, we need to strengthen the infrastructure of the judiciary and look in reforms that can speed up the process.

  • #626527
    I agree that justice delayed is justice denied. But, I don't think it would be prudent to put the entire blame on the judiciary for such delays. There are many procedures to be followed and formalities to be adhered to before a case is put up before a court. We cannot overlook the delay that occurs during the process. For example, in a criminal case, let us start right from the time a case is reported to the police. Once a report is filed, the police will have to investigate the case, look for evidence, trace the criminals, question the witnesses, register the case and file a report before the court. In such cases, we cannot expect a timebound action; it will depend on the nature of the case, circumstances, available witnesses and so many other legal and administrative issues that need to be taken into consideration. Similarly, in civil cases also there are many procedural issues involved that causes a delay before a case finally reaches the court. Even after a case reaches the court, production of evidence, verification of the same, summoning of witnesses and examining them etc depends from case to case and it is not possible to have a set pattern. Once the whole evidence is brought before the court, I don't think it generally takes much time to decide.

    That aside, I agree that there are some tactics resorted to by some lawyers (especially in the lower courts) to delay the process by not producing the witnesses on time or by not examining the victims on one pretext or another etc but then we cannot say that it is a general trend. I also agree that by increasing the infrastructure of the Judiciary and by setting aside an established investigating agency to assist the courts, the delay may be reduced to some extent.

    Another point to be noted in this connection is that there are many cases, especially civil matters, that are filed but are not followed and hence are not decided and remains in the pending list of the courts.

    'It is the mark of an educated mind to be able to entertain a thought without accepting it'. - Aristotle.

  • #626939
    Thanks Mr.Saji Ganesh for echoing my thoughts on delay tactics, burden and strengthening the infrastructure. I think we need to have a system of arriving at a plausible end within a reasonable period of time. There is one report that there are an estimated 3 crore cases pending in our courts. Can't we use technology to speed up the process, like report filing, a collection of documents, teleconferencing, tele-evidence recording etc? Is the system getting slowly outdated for the volume and nature of crimes?

  • #626952
    We are a great democratic country. Our judicial system is based on the principle that not even a single innocent is wrongly punished even by mistake. Hence the guilt should be established beyond all doubts against the accused. Even the accused has his legal rights to defend himself properly. To avoid any mistakes happening, there are more layers for appeal and review. That is why the delay happens.
    In addition to this as our country is large and more populated, naturally there are more number of court cases and the number of judicial officers are less in comparison.
    The other reason is the tricks employed by the counsels to hair split every clause and step to delay the process to favour his client. Not all judicial officers are able to restrain or stop this. Thus a single case itself can drag for years by the many number of sub and branch cases emanating from one case itself. Always one or other will go on appeal on any ground thus dragging the cases. Even on flimsy matters one or other side will ask for more time again causing delay.

    Appointing ,adequate number of judges , judges showing knowledge, courage and will power to restrain advocates using delay tactics, punishing the parties and counsels if they resort to unnecessary delay tactics, etc can do a lot in fast disposal of court cases.
    The same applies to criminal cases, where there should be adequate number of investigating officials .

  • #627031
    Rightly said that justice delayed is justice denied. But look at the demographic configuration of our country, India. Although one but still so different that each of the decisions are politically motivated. Now as the justice is itself done by the person of this living world, which also can't just close his eyes & knows everything. but is all the dependent on the facts or proofs being deployed in the court. This facts & the proofs keeps on changing with the times & this lead to delayed. We can't do anything as even in the case that we know who the culprit is because the same is denied on basis of lack of submission of proofs.

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