Monday, December 5, 2022

What to do for early disposal of cases by courts?

Our constitution mentions Justice first and then says about Liberty, Equality and Fraternity. Health and Education too play very important roles in a nation’s well being. The commitment of governments and people decides the creation of a policy and success or failure of it.

Also read: Subjugation of Executive

Practically speaking law is the last resort of a student who fails to get a seat in any other course. Most of the law graduates know no law. Even senior lawyers do not express the same opinion on any issue. One who knows pretty little becomes a magistrate and later a judge.

Also read: “Copying – Corruption”

Lawyers of different parties agree to prolong the case. Further the accused makes his lawyer drag on the case as much as possible.

Magistrates do not take the initiative and try to postpone judgement in critical cases as far as possible shirking their responsibility. Even listing of a case in a court takes up to six months and God knows when the trial starts.

Sumner vacation for courts is a British legacy. British Judicial Officers were unable to bear the Summer heat. So they declared vacation for courts and went to England. Should we continue this practice today when lakhs of cases are pending in courts?

Also read: Courts

For all these maladies I suggested the following earlier. Appoint a Special officer in each court complex to receive a case, study it and allot it to a magistrate with a reasonably fixed time frame to dispose of the case. If any case is not disposed of on time the magistrate and the lawyers concerned must offer explanation which would be considered in granting future benefits to them. There should be only one chance for appeal in all ordinary cases. The guilty must be undergoing the sentence awarded during the appeal period.

High courts and the Apex court may deal only with extraordinary cases.

Also read: “National Language”

Rajendra Singh Baisthakur
Rajendra Singh Baisthakur
Rajendra Singh Baisthakur had been a Lecturer in English. He is a poet, critic and translator. His interests are Literature, Philosophy and social media.

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