K Mohan @ Moga
'Idhuvum Kadandhu Pogum "
Even this challenging situation would ease
Another issue is punishing the culprits. There also we have failed miserably as many times the clever and intelligent lawyers get them clean out of the court and then they roam in the society to do more offences.
Knowledge is power.
In the past we have seen how effectively the gram panchayats were working towards the redressing the cases with the active participation of village members. Hardly one or two sittings was enough to settle the dispute. Villagers had the faith in such a system and in relation to time, it saved substantial timing. Unfortunately, we have lost our belief in such a system and we are ourselves lingering the judgement.
While I agree that there are cases pending before the courts for a long time due to lack of a sufficient number of Courts and Judges, let it be clear that most of the delay in finalisation of cases is not due to the fault of the Judiciary. A court decides a case based upon the merits of the evidence (oral, documentary, circumstantial and so on) that is brought before it. It can never base a decision on extraneous considerations. Evidence is of utmost importance.
Most of the criminal cases that are adjudicated in the lower courts go on for a long time due to different reasons like non-appearance of the complainant or the witnesses, pending enquiries, non-production of documents or material evidence and so on. And also, as I said in this thread, there are some lawyers who run after money and take advantage of the situation to drag the on the case for a long time but then their numbers are countable. Civil cases involving property is more complicated due to lack of proper documents and red-tapism in related departments.
So, what I mean to say is that, in contrast to the existing notions, the delay in finalization of cases is more often due to the lackadaisical attitude of the law enforcing agencies and the executive.
No court can decide cases without ascertaining facts and when the facts are not brought before the courts or are delayed, the courts cannot decide but can only pass orders to speed up the process. It has to go by the procedure laid down by the law. Established legal systems cannot function like autocrats, they are bound by the law of the land. On reading a report about a murder or rape, we, as common people, have all the right to feel agitated and to pass our judgements within seconds because our feelings or thoughts are not restricted by laid down procedures. But Judiciary cannot do that. That is the difference and we need to understand that.
“The door to wisdom is knowing yourself." Anonymous
Thoughts exchanged is knowledge gained.