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  • Category: Miscellaneous

    Why our law is so slow in giving judgement?

    It's been 34 years when the anti-Sikh riots happened in Delhi after the murder of then PM Mrs Indira Gandhi. Now one of the convicts was given a death penalty and another one was given life imprisonment. It is proved that both of them killed their Sikh neighbour by burning them alive. This is the first death penalty they have awarded in this case.

    I was a kid when the riots happened in 1984 and it was so shocking in our area too as many of the people burnt sikh's shops and looted all the goods from their shops. I remember our neighbours were horrified and asked our help to save them but nothing happened to them. But few people had such a hatred feeling in them that they killed them. I know this is not case they just did it to loot their property and money. It's shameful and our law too understand it but taking 34 years time is very long. Don't you think so?
  • #653356
    A good post by the author. Though this question has been discussed in the media many times but it is a serious one and deserves to be discussed more and more to understand the reasons behind this delay in judgements in the courts.

    It is said that justice delayed is justice denied. It is very true. Some people are getting justice after their death. This is a ridiculous thing.

    There are many reasons for this delay. The first can be attributed to the efficiency or limited working hours of courts. Generally courts will start at 11 AM and wind up by 3PM. In comparison the factories and service companies are working in shifts to give the delivery to the customer in time. You can argue that why not the courts function in shifts. One shift from 8 AM to 2 PM and another from 2 PM to 8 PM. It is OK but if they are asked to do it they will ask double the manpower and the proper infra structure.

    The second point is that as per the judges and other legal persons the job of court is not easy as they also require time to understand the subtleties of each and every case before pronouncing a judgement. The appeals and petitions sometimes go in thousands of pages and the judges will also give their verdicts in hundreds of pages elaborating and justifying from the earlier decisions in the matter as well as the citing traditional wisdom.

    So these are the main reasons for the delay in the courts.

    Knowledge is power.

  • #653357
    In one of the verdicts pronounced on 20.11.2018 inside Delhi's Tihar Jail, the two accused were convicted with murder of two Sikhs in Mahipalpur village in south Delhi. While the one has been awarded with the death sentence, the another one has been given the life imprisonment. While it's again raises a concern of the jurisdiction process in our country but at the same time give us some hope that there is still some light coming in. This is the information of the readers that this has become possible because of the SIT established by the Modi led NDA government after it came into governance.

  • #653359
    #653357 Ved Prakash you are taking the thread to the different direction. No doubt the judgement became possible because (SIT) special investigation team only.
    Sanjeev

    " It is better to be hated for what you are than to be loved for what you are not" ... Andre Gide

  • #653360
    Yes, it brings the feeling of heartfelt. Justice delayed is Justice denied it's true. As Umesh has elaborate the scenario of administration of courts. Courts have lots of work load and very few manpower. The time of court hearing is mentioned is working hours. But judegs need time to frame opinions on the basis of law and constitutional safe guard of citizen. They have to work on judgement evidence, etc. After hearing of various cases.
    There are various reasons we can add but after all the Justice is denied it's a better true. This should be checked to insure timely Justin to all.

    Prasanna
    Well done is better than well said

  • #653365
    Prasanna and Umesh Are 34 years less to read those 1000 pages? That's strange why they could not judge these people culprits.
    Sanjeev

    " It is better to be hated for what you are than to be loved for what you are not" ... Andre Gide

  • #653367
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  • #653370
    It is true. There is a lot of delay in delivering the judgements in our country. The first point I feel India is a very vast country with a very high population. The people are more and hence crimes are more. The courts are not in proportionate to the population.
    For petty things also the court will have to spend its time. For example, in a factory, there was an accident. One died. The inspector of factories can do the enquiry and he can take action as deemed fit. But they will never do that. They will also file a case against the management and the court has to spend time on that and ultimately some fine will be imposed on the management. This type of cases are becoming more and the court's time is getting wasted on these lines.
    I feel number of courts are to be increased and priority should be given to the cases which require immediate attention. If a political leader is arrested they move the court and get the bail in no time. Whereas a normal citizen has to wait for a minimum of 3 days for getting a bail. Why court should give immediate time for a political leader. What happens if he is in prison for 3 days?

    drrao
    always confident

  • #653377
    There is a lot of delay in the court verdicts. People lose patience in this process and many times cases are dropped. The legal process is costly also. Everyone can not afford a good lawyer and other expenses related to the court cases.
    Thoughts exchanged is knowledge gained.

  • #653380
    Ved Prakash at #653357, the SIT to inquire the 1984 Sikh Riot cases was formed by the Hon'ble Supreme Court and not as you asserted.

    Coming to the thread, while I agree that 34 years is too long a time for finalizing a case, I would like to remind you that we must be aware of the vastness and complex nature of this particular case before concluding that our judicial system is slow.

    To make a general statement, though I am not saying that our system is very fast, we need to understand that the Courts can arrive at a final decision only once proper and sufficient evidence (including witnesses, documents, materials etc) is brought before it. And even after that, a court can always ask for further evidence to be adduced if it is in doubt. The delay in such cases may be even more. Judges do not sit on the evidence brought before them; they have to analyze the same from different angles and perspectives keeping different laws in mind and come to a conclusion only once they are fully convinced. A judgment is not just a report which can be corrected or rewritten, it is a final piece of conclusion on which the life or property of a person or a group of persons may be involved. They cannot hurry up in such matters. So, the Courts do take some time to arrive at a final judgment but that is not due to any other reason. Shortage of judicial officers or number of courts etc may be reasons too but they are secondary. The Apex Court in consultation with the High Courts can decide on cases that they have to hear on priority and the responsibilities at the lower levels can be chartered accordingly. These are only some of the procedural aspects that I have tried to bring to your notice; there are many other factors about which we, as laymen, are not aware.

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

  • #653384
    There are various reasons behind this delay in judgment. Tacit political support, the appointment of eminent lawyers in support of the accused, destruction of evidence and death of many witnesses are the main reasons. Two criminals have been convicted. It is expected that the other criminals and leaders of the gangs must be brought to book as early as possible.
    Beware! I question everything and everybody.


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