ShyamSP wrote:Fast track justice system is need but nothing is being done in that direction. If criminal justice system is like this, forget about any low intensity criminal or civil cases being solved fairly and/or sooner.
Sir, the root cause of people losing faith in democracy (in general) and the society not being honest is the present judicial system in India. The earlier we realise this (as a society) the better. The executive, the police system all would fall in line when the judicial system is revamed for the Indian society. Westminster styled justice system does NOT work well in India. We accuse the IAS, IPS etc. of being
brown sahebs and how they follow a British implemented system and make undue advantage out of it. The same can be said about the legal fraternity as well. There are a huge gang of
"Human right wallahs", legal luminaries (!?) who are absolutely comfortable with the present judicial process as they all make money and fame with it. Take for example folks like Indira Jaisingh or a Kapil Sibal who operate in the highest court of a country like it was a magistrate's court. They can approach the Supreme Court for pretty much any case/issue they deem fit. This is when there are undertrial prisoners with no clout, who are serving prison time more than that which they have got if actually found guilty.
The whole system is archiaic and designed to be operated in an external land/society which is ruled as a colony. This justice system does NOT believe the "native" police so have huge legal procedures to even check the process of serving a simple court summons. The paper work involved is still humungous, so much so that learning that itself is an art by itself and people can work as "agents/petition writers". There is absolutely no process which is actually time bound. Cases can be defferred, postponed quite liberally. Also check the number of actual working days in courts.
ShyamSP wrote:Fast track justice system is need but nothing is being done in that direction. If criminal justice system is like this, forget about any low intensity criminal or civil cases being solved fairly and/or sooner.
Sir, the root cause of people losing faith in democracy (in general) and the society not being honest is the present judicial system in India. The earlier we realise this (as a society) the better. The executive, the police system all would fall in line when the judicial system is revamed for the Indian society. Westminster styled justice system does NOT work well in India. We accuse the IAS, IPS etc. of being
brown sahebs and how they follow a British implemented system and make undue advantage out of it. The same can be said about the legal fraternity as well. There are a huge gang of
"Human right wallahs", legal luminaries (!?) who are absolutely comfortable with the present judicial process as they all make money and fame with it. Take for example folks like Indira Jaisingh or a Kapil Sibal who operate in the highest court of a country like it was a magistrate's court. They can approach the Supreme Court for pretty much any case/issue they deem fit. This is when there are undertrial prisoners with no clout, who are serving prison time more than that which they have got if actually found guilty.
The whole system is archiaic and designed to be operated in an external land/society which is ruled as a colony. This justice system does NOT believe the "native" police so have huge legal procedures to even check the process of serving a simple court summons. The paper work involved is still humungous, so much so that learning that itself is an art by itself and people can work as "agents/petition writers". There is absolutely no process which is actually time bound. Cases can be defferred, postponed quite liberally. Also check the number of actual working days in courts.
Aarvee wrote:May be they could have been encountered after they got convicted and awarded death penalty?
. Fat chance. This getting "convicted" itself will take years to complete in India. Okay the local session courts finds them guilty and gives them death penalty. But they are in judicial custody. How can the police "encounter" any one, when they are actually in a prison? And even if that can be managed there would be people who would say, how can they be "proven guilty" when there are higher courts like High Court and Supreme Court which can hear their appeals? And based on that there would be folks who would say that "encounter" can happen after all possible courts give them the death penalty. Now for such thing to happen in India, it would take 15-20 years. If what you said is taken as a possibility there is only one set of rapists who are fit to be encountered; those are the Nirbhaya rapists. And actually the problem there now is that the prison does not have an executioner. The sad truth is that all this
human right issues, appeal process, and legal hoopla jumping is a business in India. There are folks who make a money out of the poor judicial system in India.