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  • Category: Miscellaneous

    What a strange legal procedure is this?

    I was going through a news report which said that Babulal, who is now 61 years old, had made a complaint in 1978 that Ismail Khan, who is now 68 years old, had stolen Rs 20 from his pocket in when he was standing in a queue to buy a bus ticket.

    After 41 years of a legal battle over the alleged theft of Rs 20, the man has now been relieved of the charges in a Lok Adalat held in Gwalior on Saturday.

    Khan was arrested then and was released on bail after a few days. He used to come for the court hearing but he stopped coming from 2004. Subsequently, a warrant was issued and he was arrested in April 2019. Khan was in jail for the past three months.

    Is it not strange that it took 41 years for the court to take a decision? I am surprised that he had lived his 41 years of his life with the tag of a thief. Who will return his 41 years where he had to live under stress and had to fight a legal battle to prove himself innocent.
  • #670400
    It is said that justice delayed is justice denied and there are umpteen number of such legal tangles going on for decades in our country. No Govt has done any efforts to improve on this front. The judiciary complains of less number of judges and other infrastructure for this and Govt is also keeping mum on this important matter. Another thing is the legal process is prone to postponements and adjournments and the smart and rich take advantage of it by lingering the case and the other party becomes desperate and drops the case in many instances. So courts are only clearing the cases in their own speed and there does not seem any improvement or inclination for reform on this front.
    Knowledge is power.

  • #670434
    This incident shows the speed at what our courts work.
    I was working in a factory as an occupier. A small accident took place. The factories department filed a case. This happened in 2010. Afterwards, what happened I don't know. I changed my job two years before. Recently the HR manager of the previous company contacted me and told me that there is an arrest warrant against me for not attending the case. I have not received any communication to come to court through the department or my earlier organisation. Throughout this period I was in contact with both of them. But no one informed. Then I approached my lawyer attended the court and got the recall order. Then the judge dismissed the case filed by the department and I was no free from that case. All this happened in 20 19. That means it took 9 years. Like this, we will see many cases going for years together and many of them are very minor cases and can be finalised immediately. If this is the case you can understand how many years they may take for many other serious cases.
    There is should be some time limit for all these cases I think.

    drrao
    always confident

  • #670439
    The very sad but truth of our countries law and order. Majority of our members might have seen the movie " Damini", where the actor sunny deol, who plays the role of a lawyer speaks about the sad part of our judiciary system. The way a case gets on delaying and the person passes away but the case still goes on and on.

    'Tareekh pe tareekh, tareekh pe tareekh, tareekh pe tareekh milti gayi, My Lord, par insaaf nahi mila....' (We kept on receiving dates after dates.... but never got justice) The same stands true in the above raised thread by the author. Our government and the court need to come up with new amendments and procedure, wherein the case registered (Not complicated one) should be resolved with 2-3 sittings.

    “Each day provides its own gifts.” —Marcus Aurelius

  • #670440
    Sometimes I feel that the judges are not having time to read the full story of the case and at the face value of the first paper they seem to give the date of hearing for next date. In this case, so much time has been wasted and both parties used to visit the court regularly and that is again taxing and money spent. In TS there is a customary tradition to release all those who were lodged in petty cases and such rules must be followed in other states and based on the level of charges on the case, the judge must either squash the case or give verdict on a fast basis. Otherwise, cases would be running for years.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #670517
    I think we should not let our emotions to rule over our thoughts while commenting on such issues. While it is a fact that it took such a long time to decide this case, we need to look into and understand the facts and circumstances too.

    The case was registered in the year 1978. We are all aware of the value of Rs 20/- then and especially what it must have meant to the 20-year-old complainant then. The accused was arrested and was subsequently granted bail. The case must have been called up a number of times since then for hearing. We are not aware as to why it got adjourned time and again. But as per reports the accused used to attend the Court in between (in between) till 2004. Then, for whatever reasons, he stopped coming to the Court. So, as per procedure (summons, warrants etc), he was arrested in 2019and was sent to jail. Let us not forget that he was sent to jail this time not for the crime but for not responding to the summons issued by the Court. He could not obtain bail due to his financial conditions. Subsequently, on the issue being realized, the matter was brought up before the Lok Adalat and the complainant sought to settle the issue keeping in mind the financial and health conditions of the accused. Thus the matter was closed as settled and the accused was released.

    While our hearts must go out to such people who suffer (with or without reasons), we must not forget that the Judiciary is subject to certain rules and procedures and they cannot arrive at decisions on their whims and fancies. Who knows, the case could have been settled earlier if the accused wanted so. The deterioration in the value of money might have made the complainant also lose his interest in the case.

    Whatever the reasons may be, I think we should take more care while dealing with such issues. I am not denying the fact that there are areas where the Judiciary needs to be more effective but I can't agree if someone says that such delays are intentional or avoidable.

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

  • #670519
    Legal systems are full of complications and there are different interpretations of the law by different lawyers and in that process the cases are lingering to such an extent that even if a verdict has made it is of no use to the sufferer. The legal system requires a major overhauling.
    Thoughts exchanged is knowledge gained.


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