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  • Category: Miscellaneous

    If the Judiciary stands with people then why cases are not decided

    In a starling revelation the new CJI Ramana has said that the Judiciary stands for the people and when things go wrong. If that is the motto why the cases are invariably dragged for years together. Those who experienced their winning situation through the courts can say many things as to how they were wrongly framed, and dragged to the case of no importance and how long it took to deliver the judgement. For the want of evidence which the police would not submit, the final judgements are not delivered. What is your say on this issue.?
  • #737878
    Why the statement of the Chief Justice that it stands for the people when things go wrong for them is startling? The judiciary is always the last hope and stands for the people to protect them and do justice. In our country, litigants are becoming more and more and many cases which need not come to the court are making their way to the court. There are many vacancies in the judicial department and they need to be filled by the governments.
    The courts should also see to it that the cases are disposed of in a fixed frame time. They should not allow too many adjournments which is the ploy many lawyers use. The present Chief Justice is taking many decisions which will help in speeding up the proceedings in the court,

    " Be Good and Do Good "

  • #737880
    Judiciary is meant for the justice to the people and there is no two opinions about that but the problem is the system where that is being implemented and delivered. If the system is not conducive then even the honest judges are helpless because there are many things which are produced in front of them as evidence and if there is some fudging in that what the judges would do. Then there are a large number of court cases well beyond the handling power of the courts and they go on giving next date and delay them. So frankly speaking, the whole system is infested by corruption, misuse of power, anomalies and things like that and in such a situation simply blaming the judiciary would not help. There is a need of strict governance in the country and then only we can hope for a good judiciary.
    Knowledge is power.

  • #737881
    It is very unfortunate that that court proceedings take so much time to reach on final verdict. We have given enormous pressure on the judiciary with fake cases, e.g. in a response to a question raised by opposition party in Parliament ministry of home affairs stated, " The total number of the persons arrested and the persons convicted in the years from 2016 to 2019 under the UAPA in the country are 5,922 and 132 respectively. The NCRB does not maintain this data on the basis of religion, race, caste or gender,"

    It means between 2016-2019, police arrested and booked 5922 under UAPA but only 132 (2.2%) accused were proven convicted and rest all accused were innocent and they were put behind bars for several years without any evidence. Does it not throw extra burden on judiciary to decide how many cases are based on evidence and how many cases are fake. I think some strict laws are required to arrest accused.

  • #737893
    I am under the impression that all these days also the judiciary is standing for people. I don't know why the new CJI particularly mentioned this. We all know courts have only heard but no eyes. People who can talk well and bring in new points wisely and make the facts covered with their own selfish points may win in the court. It all depends on the advocate who is representing the case. If it is just presenting the facts of the case, the case may be over very fast. But it is not that easy.
    Many pending cases are there and how to sort out them quickly is a point discussed again and again. All the courts should be manned as required. If necessary, the courts can work in two shifts and see that the cases will be closed fast. The number of courts is to be increased as the number of cases is very high. Instead of posting more cases on a day and postponing all the cases, daily some cases should be completed and closed. Then we may see some decrease in the number of cases.

    drrao
    always confident

  • #737898
    If the people are allowed to defend their own case , the justice would be further more practical.
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #737899
    These days judiciary is having not just ears but eyes also. Videos are being produced before the court to make their point. The point made by Mr. Arafatuzzafar is note-worthy. Out of 5922 UAPA cases booked by the police , only 132 cases were proved. This shows that cases are booked without proper investigation and proof. The FIRs produced by them are running into hundreds and hundreds of pages. The judiciary should consider all the problems and try to reform the system so that the cases are disposed of quickly. The people who book the cases should be made responsible as many people are languishing in jails without any proper charge or investigation.
    " Be Good and Do Good "

  • #737917
    The duty of judiciary is to dispense true justice, unbiased and uninfluenced. Hence Judiciary should not be carried away by populism. As there are two sides of people in every litigation, when judiciary says it stands with people, we have a question, with which people it stands. So the aim an meaning of the statement is not that simple and straight.
    The litigation where people are only on one side and then judiciary stands with people means the judiciary will always stand against the government. Can such a meaning be deducted from the statement?

    So my feeling is that judiciary should not indulge in populism and leave that to the legislature and political parties. The aim and aspirations of people also will change over times. The judiciary should stand with the side of justice and truth and not with any pre-decided notion.

    I think the CJ's statement has to be seen in its proper context and better not to adjudicate on that statement.
    But certain ways of the judiciary, at all levels makes us doubt whether the judiciary is swayed by emotions and pre-conceived notions. If that doubt is real, then it is not a good portend.

  • #737919
    @#737898 . "If the people are allowed to defend their own case , the justice would be further more practical."

    Present day cases are not presented or dealt as what we have read in stories of justice dispensation by earlier time Kings or like how Vikramaditya dealt with cases. So people defending their own cases will not be practical in most cases. The Panchayat system which was practiced in the country earlier was such a system.

    The present judiciary includes the Bar and the Bench. One alone cannot be held responsible nor one alone be given credit too. As ultimately both are also by people, the changes in people gets reflected in them also. But both should be able to overcome all negative temptations and for real justice dispensation.

    In present day the ' Lok Adalat' is one practical step to simplify the present complicated and winding legal procedures. The Bar, the Bench and the Govt -all are responsible and accountable for the glut n number o cases and if something good can be claimed, that also should be take collectively.

  • #737921
    The purpose of the judiciary is that injustice should not be done to anyone, that is, the wrongdoer should be punished so that the victim can get justice. But it is not really that easy, this world is filled with corrupt people and in such a situation, injustice has really happened to someone or he is just trying to implicate someone by pretending to be an injustice. is. The motto of the judiciary was also that - even if some guilty may not be punished, not a single innocent should be punished. Sometimes cases are pending even to save the innocent. In our country, the web of corruption is spread in every field and this is also one of the reasons that there is a deliberate delay in the decision of many cases. Sometimes the fundamental rights are given in our constitution also bind the hands of the judiciary. But it is also true that the house of justice should be capable enough to find the right culprit and punish them in a short time.


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