Re: [IAC#RG] Don't our members have faith in the judicial system?

Our compliments for the nice suggestions. 

In this contest, i would like to mention that currently, our society is suffering from ill-governance, resulting in the sufferings of the common man. These include. among others, increasing law & order problems; But such a situation is just because there is no accountability of the Investigating Officer (IOs) and the Public Prosecutor (PPs). If they are held accountable for any undue delay and let off & punishment, then not only congestion in courts would come down, our policing will become effective, and delivery of justice & governance will improve.  For this, only Judiciary has to pass strict structures and recommend the punishment for erring IOs and PPs.
 

Further, I feel our present judicial system requires an efficient management. It can only be possible by making judiciary accountable for -

(a) unnecessary adjournments and prolonging arguments;

(b) disappointing witnesses and treating them like a bonded person at the cost of their personal life and family security; and

(c) putting a large number of cases on the day of hearing which are not possible to deal with. Before taking up any case, it should be scrutinised whether the case is complete in all respects. Besides, I would like to add two points for speedy disposal of cases and reduction of cases:

 

(a) A lawyer should be engaged only if the court feels necessary. The parties concerned should come to the court with all the evidences at their disposal and argue the cases themselves. And the judge should pronounce the judgment based on their evidences.

(b) To reduce the number of cases, specify minimum punishment for every offence.  Presently we have laid down 'maximum punishment."  Maximum punishment is to be "life or death" even for a minor offence such as ignoring the red signal.

Thanks & regards,
Agarwal

On Mon, Jan 7, 2013 at 5:05 PM, SK Chadda <chaddask@gmail.com> wrote:

It is absolutely correct that we have comprehensive law manual. There is no need to amend any law. In present senario when we are all are disturbed and upset about the gang rape of 23 year old girl in Delhi, except to think of some drastic change in juvenile law, there is nothing to be amended. All the crimes are covered in existing Indian law.

 

The only amendment I think is the politicians, babus and police should be humane. What's the idea to make the changes in the existing law, if we have no respect for it. We have absolute faith in our judicial system. But if our procedures (legal) are so complcated and time consuming, faith has no meaning. By the time the judgement is given, the complete face of crime, criminal and even the complainant

change with time.

 

Regards.

 

Wg Cdr SK Chadda

 

 

On Sun, Jan 6, 2013 at 2:23 AM, Nilkanth The Himalayas <nilkanth12345@yahoo.co.in> wrote:

Doesn't our members have faith in the judicial system?

 

We already have Law against Rape, Gang Rape, Murder etc. We also have death penalty, for the "Rarest of Rare Case". As the case under discussion is a "Rarest of Rare Case", of a gang rape, then the court can give the punishment accordingly.

 

We already have laws for almost everything, under the sun, even for molestation, etc. So what is the need to amend a law? Let the existing law do its work and punish the guilty.

 

If someone doesn't have faith in our judicial system then it's a different question altogether. But then what is the fun in amending the existing law, where one doesn't have any faith in the system.

  

Regards

Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in

Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in