Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Whether Judiciary Should Dispose of the Case More Promptly

Whether Judiciary Should Dispose of the Case More Promptly

Ratings: (0)|Views: 40 |Likes:
Published by Piyush Kumar

More info:

Categories:Types, Research
Published by: Piyush Kumar on Feb 03, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOCX, PDF, TXT or read online from Scribd
See more
See less

02/03/2012

pdf

text

original

 
PIYUSH KUMAR
CHANAKYA NATIONAL LAW UNIVERSITY
 
1
³WHETHER JUDICIARY SHOULD DISPOSEOF THE CASE MORE PROMPTLY???´
Ladies and Gentlemen, to my mind the judiciary should dispose of the cases more promptly.There are thousands of cases pending in various courts for years together. As a result peoplecannot get justice in many cases even though they are very much deserving. It¶s not wrong tosay that delay in justice is a denial of justice. It is even seen in many cases that due to delay inthe cases the intensity of the matter placed in front of the court is diluted or becomes lessimportant as a result of which the culprit does not get the punishment commensurate with theoffence committed. There are so many cases that are pending in various courts including theupper courts. In order to improve, give timely justice and clear the backlog it should benecessary to streamline the system to make it more effective. More judges should be appointedto prompt disposal.There should be time bound structure depending upon the gravity of the casesso that the cases are cleared in time. The judges should be promoted and there number should be increased wherever necessary on priority. The lawyers taking up the case should ensure andfeel the responsibility to deal with the cases as promptly as possible. Their positivecontribution will help to award an early judgement. It has been observed that in many cases thewitnesses change their statement given before the inquiry officer. As a result, the mode of thecase slips up and confuses the judiciary. Such practice is taking place now days in general.There should be some laws to deal with such type of witnesses. The lawyers should be prohibited to go for strike or they should be bound to compensate their aggrieved client as theweapon of strike does more harm than good.Instead of keeping the cases pending in the variouscourts, it will be better to promote or transfer it to lok adalats where the cases can be disposedof with mutual consent of both the parties and the complexities of normal procedure can beavoided. There should be more of promotion of lok adalats , mediation centre, arbitration andother procedures which can settle the dispute of parties within themselves in less time thanwhat it takes in normal procedure. Things are changing there is implementation of fast track courts and cases are getting disposed of quickly. For example the culprits who attacked the parliament on 13
th
December where punished within a record time of one year. But still thereare so many cases getting piled up every year in various courts.
 
PIYUSH KUMAR
CHANAKYA NATIONAL LAW UNIVERSITY
 
2
There are so many persons to intentionally influence the witness. Such notorious person should be checked so as they do not interrupt or causes delay in cases to be disposed off. The appealof poor victims should be heard seriously to ascertain the truth of the case.Keeping all these points in view, I feel there should be prompt disposal of court cases in theinterest of true justice. But on the other hand some may say that the judiciary has to follow the procedure as per the rule to deal with the cases and that is the reason of delay in disposing of the cases. There are set rules in law. The court has to adhere to the rules strictly. Obviously therules are such that it takes its own course to reach the correct and fair judgement. The aim of the court and the presiding judge is to ascertain the fact of the case through circumstantial anddocumentary evidence, witnesses and pleading presented by the lawyers it is certainly a timetaking process and is one of the reasons of delay. If the judgement is delivered in a hurry, thenthere may be chances of unfair judgement. The actual culprit may be acquitted and theinnocent may be victimized. It, therefore, is necessary that the judiciary should take therequired time to enable them to award fair judgment in the case.There is a basic principle of justice thatno innocent should be convicted even at the cost of 100 culprits being acquitted. To ascertainthe existing process, which is lengthy one, as to be followed in the settlement of the case.Sometimes, it is not the fault of the system. The delay in justice is caused due to changes in theoriginal statements of the witnesses. Subsequently, the petitioners and the inquiry officer struggle to produce additional evidence in favour of the case. This takes considerable time.There is a hierarchy in the judiciary system from lower court to the apex court,wherein there is a provision under which the convicted can appeal to the higher courts for reconsideration against the judgement awarded by the local courts. Though it is a time taking process, yet it is essential for giving fair justice. There is an all round deficiency of judges inall courts-a state of affairs which has increased their workload. It will not be fair if the existing judges work under stress in dealing with and disposing of the cases.There is a question of somebody¶s life, career, reputation and future.Let the judges follow the complete procedure under the law so that no lacuna is left in deliveryof fair judgement. We cannot blame only courts for late finalization of the pending cases. If there is pressure on courts for prompt disposal of cases, they will try to cut short the laid down procedure and judgement might not be accurate. There will be chances of such judgement being quashed and the complete exercise will be futile. Under such situation the actual culprit

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->