Justice System

One reason why justice system in India is overburdened is condonation of delays in filing appeals. When a judgment is delivered time of forty days or so is given to appeal against the judgment. However many people do not file appeals within the stipulated time and approach courts later. Courts condone delays upto 100 days routinely and in other cases delays of longer duration are condoned. If courts do not condone delays judicial system will improve.
Judges cannot judge themselves. Ramaswamy’s case was an exception. Punjab & Haryana High Court judges revolting against their Chief Justice is the rule. The constitution gave the power of appointment of Supreme Court and High Court judges to the President who had to consult the Chief Justice of the Supreme Court. It did not speak of collegium. The Supreme Court by its judgment amended the constitution and arrogated itself the power of appointment.
Some judges had held that truth is not a defence in contempt of court cases. Corruption and misdemeanours of judges could not be reported. Law had to be framed to protect truthful reporting about judges.
If judges grant adjournments when they should not grant they are wrong. They do injustice to innocents.
While most of the judges may be good, those who are not good need to be weeded out and those who are corrupt need to be punished.
Arrest warrants can be obtained for money. Times of India had showed it by obtaining arrest warrants against President A. P. J. Abdul Kalam, then Supreme Court Chief Justice Vishwanath N. Khare and two others for Rs.10,000/- each.
Promotion of a judge in spite of sexual harassment cases raises doubts about the integrity in judiciary.
Arrest warrants for publicity like in Shilpa Shetty and Richard Gere are to be avoided. The magistrate was transferred.
Shiv Sena has said it will not allow the sale of Richard Laine’s book on Shivaji even though Bombay High Court has set aside the ban. At one time Shiv Sena wanted ban of B. R. Ambedkar’s book “Riddle in Hinduism”. It found the chapter “Riddle of Rama and Krishna” offensive. Shiv Sena held a rally against the book. Maharashtra Government had decided to publish the book. Dalits held a larger rally in favour of the book. Shiv Sena agreed for the publishing of the book with the note “Government does not agree with the views expressed in this chapter”.
Alistair Pereira is guilty. The court sentenced him to six months simple imprisonment and five lakhs rupees fine. The media has raised a hue and cry about the punishment saying it is light. There were others who were guilty who have gone scot-free. The people should not have been sleeping on pavements. They should have been provided accommodation by the contractor who was hired by BMC. There are many cases of hit and run. Many times the culprit is not known. Alistair Pereira did not have permit to drink alcoholic beverages. He was served drinks at a hotel. A wine shop sold him drinks. Media has not focused on BMC, hotel and wine shop.
Sanjay Dutt is found guilty under Arms Act by TADA Court. He has to serve at least three and half years in jail if not acquitted by Supreme Court, if one and half years in jai is set off against five years jail term. He has appealed for release under Probation of Offenders Act. If he is let off Alistair Pereira and many others can be let off.

Updated: June 22, 2014 — 12:50 pm

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