Re: [IAC#RG] Judical System

I absolutely agree with you, Mr Rai.  I hae first-hand experience of fighting a case, and I should know. There is another aspect that you have not mentioned. Vacant courts. Once a judge is transferred or promoted to another court, it is a matter of at least an year and ( in most instances) several years until another judge is appointed. And who suffers? The litigants, of course!

 

Rina Mukherji

Kolkata

From: Pankaj Rai <raipankaj@yahoo.com>
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Sent: Wednesday, 9 January 2013 10:48 AM
Subject: Re: [IAC#RG] Judical System

Does our judicial system inspire confidence? Points to ponder:

 

1. In no other country except India is there a system whereby Judges appoint Judges. I believe that Justice a fundamental right too important to be left to judges alone

2. There have been cases/complaints against higher judiciary. The system of removing them through impeachment is cumbersome. The Judical Accountability Act is overdue

3. It is often said that there is a shortage of judges in India. Why are adjournments allowed? Why are cases not dimissed with costs when litigants do not come to courts with 'clean hands'? Approximately 30 percent cases will disappear if perjury is punished with imprisonment and cases dismissed when litigants misrepresent/suppress facts

4. No matter whatever be the cause of delay, justice delayed is NOT justice denied but injustice perpetrated. There are cases pertaining to 50s in High Courts. Who will benefit by the judgments?

5. There have been instances of gender insensitivity by judges of High Courts. Other than symbolic gestures of 'pain' and 'anguish' what action has been taken?

6. There have been instances of judgments being pronounced in open courts coming out differently when the written orders are made available. A recent incident in Allahabad High Court where the order pronounced was 'repayment of principal with interest'. The written orders had a different conotation 'repayment of principal, interest condoned'. Is this typo error? To instill confidence why are courts averse to audio/video recording of court proceedings which can be made available on payment as is the practice in other countries?

 

Pankaj

Cell: +91 99163 57115

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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