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Monday, January 21, 2013

"JUSTICE DELAYED IS JUSTICE DENIED BUT I SAY JUSTICE DELAYED IS RULE OF LAW DESTROYED"



“JUSTICE DELAYED IS JUSTICE DENIED BUT I SAY JUSTICE DELAYED IS RULE OF LAW DESTROYED”



       15TH AUGUST 1947 an important day for all we INDIANS as we got freedom  on this day and the struggle for independence was over hereafter.But to speak the truth it was beginning of struggle to live as an independent nation and to eastablish a democracy based on justice,liberty,equality and fraternity.Keeping this in mind the preamble of Indian constitution ,interalia,declares that-WE THE PEOPLE OF INDIA HAVING SOLEMNLY RESOLVED TO CONSTITUTE INDIA  INTO SOVEREIGN,SOCIALIST,SECULAR,DEMOCRATIC,REPUBLIC AND SECURE IT’S CITIZENS JUSICE,SOCIAL,ECONOMIC AND POLITICAL RIGHTS. But 63 years of independence we have endless laws but not enough justice.The founding father of our constitution had placed “JUSTICE”at the highest pedestral and preamble to constitution placed justice higher than other features like liberty,equality and fraternity.People go to judiciary in quest of justice because court of law is a “TEMPLE OF JUSTICE” where justice is bound to be given to people.But the justice must be done with reasonable time because as they say justice delayed is justice denied.Pendency cause delay and delay means neglecting the accessibility of justice in true and can turn any person insane.
Sometimes I do feel that our law is a drenched age.Because we are constantly inventing new and better ways  of bumping into one another,we seek an orderly means of dulling the blows and repairing damage.undoubtedly the system is at fault and the system is,surely,as good as people make it work.It’s the duty of legal profession to make sure that it co-operates with judiciary in ensuring that justice is administered speedily and expeditiously. There are several cases where judgement were delivered by courts after a long time.In SAFDAR HASMI murder case who was killed by political opponent the criminal were punished after long 15 years.In TANDURI MURDER CASE the accused a delhi congress  leader sushil Sharma who was convicted with death sentence after 8 years 6 months.he murdered NAYNA SAHANIA and destroyed the evidence by burning her body .In JESICALAL murder case and MADHUMITA SHARMA murder case accused persons were punished after a long legal battle.
We have several committees and commissions by government from time to time for speedy justice but situation has not so changed .Recently I had a discussion with my journalist friend regarding our judiciary and I got an information that according to law commission in it’s 120th report said that inadequate number of judges is a major reason behind disposal of case which just left me amazed and finally we concluded that the main cause of judicial procrastination  is not in hand of judiciary but in hand of executives and administrative wing.INDIA-a country where after god not only doctors but judges are also considered as life savers,an effort should be made to strengthen the belief of common man on our judiciary system.
I feel INDIAN JUDICIARY is a photocopy of outdated law and procedures which was pass before independence-I may sound too harsh towards our Indian judiciary offcourse the experts of the field knows better than me but after seeing today’s scenario as a common girl I feel there is a dire need to change old structure of british  made law and make some recent amendments and guidelines.As JUDICIARY is the only and last way to achieve the goal of socio-economic justice which enshrined in our constitution and faith of people can be restored by the application fair and healthy environment to provide speedy and fair justice to all .
Definitely a ray of hope can be seen as in recent incident of the  delhi  gang raped case where fast track courts are run to channelize things to speedy justice as the case is completely kept private so no other thing influence the case and it’s proceedings .Just hoping that this case comes out to be a milestone in our judiciary system for giving justice not only to raped victims but also to other cases victims too……………….?????????????

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