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Sunday, September 23, 2018

Our Judiciary System | Flop Talk

Our Judiciary System

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Where ever or whenever any dispute arises between businessmen, society, common people’s personal life or whatsoever It is generally and commonly heard sentence is... “I will see you in court”.

Any idea about this legal issues or legal procedures or court cases or the way judiciary system or its current status ?
Chief Justice Dipak Misra sounded the alarm on rising pendency at a time when the situation is almost getting out of hand with the backlog touching 3.3 crore cases. While 2.84 crore cases are pending in the subordinate courts, the backlog clogging the High Courts and Supreme Court (SC) is 43 lakh and 57,987 cases, respectively. (These figures are taken from www.businesstoday.in)

Also a link of this article is given at the bottom of this blog.

But, there is no any question to be surprised...! Why ?
Have you ever seen or experience any legal case proceeding in any district or sessions court ?  First of all, you will be surprised to have a look at the inner view of this court rooms... absolutely opposite of the scene which we have usually seen in movies. Typical (Government offices type) congested, stinky and dark rooms, surrounding flooded with limitless and almost uselessly stacked papers & files, nearly waste condition so called furniture... one ‘honourable’ judge (!!), 2-3 persons wearing wrinkled black coat and wondering here-n-there... some people sitting on the totally uncomfortable, almost broken benches – from whom one cannot distinguished who is the accused and who is plaintiff. Who is arguing with whom and for what, no one can understand. Even I have seen buffoonery sometimes too and in such cases, judge had to interfere between those advocates to settle down their loud and thoroughly irrelative talks.

I personally have experienced many time that despite we were called to court for cross questioning for a case which we had filed for bounced cheque. We were called in the morning and our turn came by end of day... even, while we were called for cross questioning from opposite side advocate, he asked... have you entered this returned cheque entry in your books of account ?? I replied YES... and cross questioning is over... surprisingly we were advised to go...! 

What was the fun ? 
However, after getting verdict in our favour in another bounced cheque case after a marathon fight, court advised us confiscation of property by our self and to recover the amount ! Do you think any person can confiscate someone’s property by own and can recover the money that easily... unless the party them self is holding unethical influence, and if so... I think such parties need not to knock the door of court !
Another experience was... while I was standing in the compound with our advocate, suddenly one old aged person came and literally started crying in front of advocate... matter was, that old aged person was retired from his government job before 19 years. He had built up one small house during his service tenure and rented too. After retirement the landlord (retired old aged person) wanted his house back but he failed to get it vacant, and the circumstances forced him to suit the file in court. It was been 19 years passed fighting in the court and matter is still going on and on... as if announced... “थांबा... कॉर्ट चालु आहे”...  that old aged plaintiff was saying that... “I am now 79, how long I will have to wait sir... when can I get my house ?” Some people were standing nearby us have laughed and passed very depressing comment that... “Don’t worry uncle.... your next generations will fight for your house and if fortune favours, your grand children may get this house sometimes...” it is all about pace of our Judiciary System !!!

It is said that justice delayed is justice denied... How people will trust our judiciary system ? 
Why it is happening ? May be because of unnecessary, long and sometimes logic less arguments, hearings to be postponed for future dates without any sound reasons like... may be because of absence of plaintiff or accused or respective advocates... may be because of the judge is going to be transferred in very short period or in such crucial cases judge’s intention is to keep himself aside from controversy... or mainly because of our uncorrected laws which were written almost a century back... very slow processing period, over and someway unwanted like paper work, lake of awareness of people  - lake of proper guidance to the people about law, their rights... and yes, illiteracy of course is the vital most point... and above all – lesser working hours, plenty of holidays, five days’ a week and above all vacations !

And... last but not the least... political pressures, interference of such personalities who have strong influence with various channels !

If court starts working 24x7... with shift duties, starts analysing the issues quicker and intelligently... and even start giving quick verdicts... I think people can get justice at least in time.


1 comment:

  1. Absolutely right and fully agreed ....system needs change ....koi pan case within an year maximum result aavijjjjj javu joiyye ...Evo kaydo pan banavo joiyye....

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