[IAC#RG] Judiciary should be more transparent

Hi

I have been following  the various discussions on the judiciary and everything boils down to simple blunt facts:

1. The judiciary should be transparent  in the way the rest of the civil society is expected to.

2. Contempt of court provision needs to be revisited and made more selective as it goes against the principle of right to speak and express an opinion 

3. First priority should be given to cases involving Undertrials as  they  already are being "punished" even when not proven guilty.

4. Police custody provision needs to scrapped totally  and nobody can be incarcerated without proper enquiry by an judicial offier

5. A system of Jury involving the civil society should be made mandatory in all  murder cases and other serious crimes like Rape, treason etc., 

6. Fast track court judges should have a minimum experience of at least 10 to 15 years  as they are constrained for time and experience would greatly help

Thothathri Raman

Senior Business Journalst

On Wed, Jan 16, 2013 at 5:08 PM, Avinash Bhargav <avinashbhargav@gmail.com> wrote:

The problem with our judicial system is examplifed by an instance, the
common man fears the "Pandu" more than he respects the law and the
defaulter courpts the entire system by means of another defaulter.

Our education/training must be so streamlined such that our Govt.
Servents fortify against exploitation of loop holes and prevent the
defaulter from making a mockery of our judicial set up.

A common man must be able to respect the police and the police must be
able to emphatize with him/her. The Govt. service staff must be able
to diliver justice to the common man and enforce punisment on the
defaulter. It is not constitution bound but people intensive. "Dharmo
Rakshathi Rakshithaha". Our fight is not to build a brutal law but to
structure an effective system for already prevailing law. A system not
of fear & force but of value & ethics.

On 1/14/13, Raktim Mukhopadhyay <raktim2000@gmail.com> wrote:
> Our Judicial system is a high source of immorality and corruption. Under
> what morality courts enjoy maximum holidays in the country while each and
> every staff of the court ( except lawyears) are paid from public exchequer.
> Taking half day leave on flimsy ground or without any ground is a
> common practice
> among the lower court judges. Corruption is the base of a judicial court.
> Without properly bribing the Peshkar ( Court Clerk) you will not be able to
> get a proper date for your pending case. Common people are constantly
> harassed and lootted in a court of law behind the shield of socalled "
> CONTEMPT OF COURT" .Why so much protection for the judges? Are they next to
> GOD ?
> *Raktim Mukhopadhyay*
> *Advisor/ Consultant For NGOs,*
> *Human Development &*
> *Human Resource Management Expert*
> *Formerly of IDARA, Ministry of Youth Affairs & Sports. GOI*
> *Mobile :09831243234*
> *             09681970313*
> *             09836445651*
> *
> **Truth resides in every human heart, and one has to search for it there,
> and to be guided by truth as one sees it. But no one has a right to coerce
> others to act according to his own view of truth. - Mohandas Karamchand
> Gandhi*
>
> *It will be vital for you to recognize the moment to stop, even if this is
> half way through the journey.*
>  * Never forget we have a purpose of life and that
> purpose is not about creating wealth for ourselves
> and our near and dear ones but about creating a
> legacy of a better world, a better equitable society
> and a better environment for our generations to
> come because a compassionate society benefits
> all"- Founders of iCONGO.*
>
> *It is not the urge to surpass all others
> at whatever cost, but the urge to serve
> others at whatever cost. - Arthur Ashe.*
>
>
> On 14 January 2013 12:47, Subhash Gupta <scgupta48@yahoo.co.in> wrote:
>
>> Dear Friends,
>>
>> What is juddicial system?  Act & Rules are made on the basis of existing
>> living society and resposibility of maintenance of law & order is given
>> to
>> the persons living in the existing society those are called powerful
>> persons by virtue of appointing through systems. It consigns the Judicial
>> System.The moment one becomes powerful person then one forgets its moral
>> values and gets the path of his personal gain which automatically results
>> in corruption. Subsequentially builds the chain of corruption and it
>> becomes stronger with the passage of time hence genral person or public
>> become victims who finds himself helpless to put own grievances before
>> any
>> body. If one gets concerned about the problems of others then delay will
>> not be done to get justice. It may become most powerful system to develop
>> the economy of the country which will result into minimum crimes as well
>> as
>> growth of all over all.
>>
>> SCG
>>
>>   *From:* Mathre Rangarajan <rangajan@yahoo.com>
>> *To:* "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>;
>> Israel Jayakaran <israel@jayakaran.com>; ""Jasminder Dhillon"" <
>> biloodhilon@yahoo.com>
>> *Sent:* Tuesday, 8 January 2013 8:31 PM
>>
>> *Subject:* Re: [IAC#RG] Judical System
>>
>>   Dear Mr Jayakaran
>>
>> Your idea of speedy justice is very laudable - If judicial system is
>> speeded up, what will happen to the easy lively hood of millions of
>> Advocates and Lawyers? You drag a case for years with blessings of
>> Judges,
>> your life is made.
>>
>> Who wants speedy justice? Not Advocates, who will ultimately become
>> Judges
>> -  Majority of our politicians are Advocates (they are all belong same
>> fretarnity).
>>
>> Getting an adjurnment is so easy on any filmsy ground in any Court - From
>> smallest Court to SC - Then automatically the case is postponed by
>> another
>> 4 to 6 months - No wonder my grand-father's case is still going on and
>> will
>> continue to my grand son!!
>>
>> Who will bell the cat?
>>
>> warm regards / rangarajan
>>
>>
>>    *From:* Israel Jayakaran <israel@jayakaran.com>
>> *To:* indiaresists@lists.riseup.net
>> *Sent:* Tuesday, 8 January 2013 1:32 PM
>>
>> *Subject:* Re: [IAC#RG] Judical System
>>
>> Hello,
>>
>>       I don't think our judicial systm is all that effective anad great.
>> Compare it with our own Armu  Orderly room system and also summary court
>> martial.  Why can't our judicial system work at that speed?  "Justice
>> delayed is justice denied." Everyone has been repeating these lines
>> without
>> doing anything about it. We need to give a good kick to all our judges so
>> that they work fast and devotedly and impart justice at the fastest
>> possible speed.
>>
>>       Recall to mind King Solomon's verdict (Holy Bible) about the
>> ownership of a child which was caimed by two women?
>>       In our erstwhile system of kings and  maharajas i Indian states
>> too,
>> they all held court every day.  Any case that came up was disposed of
>> immediately.  I don't think there was anything known as adjournment or
>> any
>> such non sense.  If an aggieved person did not take with him all the
>> evidence in his possession, possibly he did not get the right justice.
>> But
>> then whose fault is it?  You go with oall your credible evidence and you
>> got the correct verdict.
>>
>>         But not so in our present system.  Higher  legal education has
>> made our  justice a slow coach mule and a  mirage of a  kind as well.
>>
>>         Let's not talk  about the credibility of our judicial system. I
>> think it is simply rotten.
>>
>>                               Israel Jayakaran, Colonel (Retd), Signals,
>> veteran, Chennai, India
>> ----- Original Message ----- From: "Jasminder Dhillon" <
>> biloodhilon@yahoo.com>
>> To: <indiaresists@lists.riseup.net>
>> Sent: Tuesday, January 08, 2013 11:58 AM
>> Subject: [IAC#RG] Judical System
>>
>>
>>
>> > The country must continue to have faith in our judicial system.
>> > However it needs to be emphasised that it can only function when the
>> following judicial reforms are forced on the govt by the public--
>> > 1.Filling up all vacancies of judges at all levels.The selection
>> procedure should be done by a judicial Commission and not by the govt,as
>> is
>> being done.Most of the courts are functioning at 50% or less than the
>> auth
>> numbers.
>> > 2. A time bound limit must be laid down for the completion and issue of
>> the judgement my the Courts in all cases ie Civil,Criminal etc .No case
>> can
>> /should go on for more than one year.All civil cases must be decided
>> within
>> 6 months and all others within 12 months.
>> > 3. Adjournments should only be given for max 6 days and that also not
>> more than 4 times,2 for the plaintiff and 2 for the respondent.The case
>> can
>> then only be finalised.People will then start having faith in the
>> judiciary.
>> > 3.Police reforms must be comleted within 2 months and made independent
>> of the political/IAS .LOK PAL Bill must be passed with CBI becoming
>> independent.
>> > 4.THe courts will save the people and the country.
>> > 5Let us force the govt to take action
>> > B S DHILLON
>> >
>>
>>
>>
>> --------------------------------------------------------------------------------
>>
>>
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