ABSTRACT
As every coin has its two faces similarly 'The Judicial System in India' , One is favourable so another is doubtful. Alike the countrymen have faith in their Army and brawniness of their soldiers, In the same way ‘ Public Confidence in Judiciary’ . But is this the real face of today’s Democratic System which is literally – To the people, For the people, By the people? A Big NO will appear as the feedback of the survivors. Due to the Inflated Corruption in Society – Judicial legitimacy is Questioned. Day to Day the wings of Corruption are getting widened and enlarged and a number of reasons are seen behind it. Coercion, Bench fixing, Adulteration in decision, Arbitrariness are like the daily feeds of power which resultant : Crisis of Public Confidence in Judiciary. ARTICLE 14 of Indian Constitution : Equality before Law is getting faded under the sacks of currency. Number of cases are folded into a form of paper either getting future dates of hearing or getting dust on it .This all happens because of lack of Judicial authorities and delay in hearing results. Vice Chancellor of NALSAR University of Law, Dr Faizan Mustafa says that there is a need for reforms in the judiciary and a better management in assigning of cases to judges.(Published on Jan 16, 2018 on NDTV). On Jan 12, 2018 Friday , Top 4 Judges of the Supreme Court held a Press conference and raised concerns about the administration of the Court.
But, A Country without Judiciary is similar to, A ship without a Rudder. So better management and rebuilding of instructions are required on a different basis but not to stop believing on the system
KEYWORDS : Public confidence in Judiciary, Inflated Corruption, Judicial legitimacy is Questioned, Better management
INTRODUCTION
In the early times it is said that “ INDIA is a golden Bird“ because of its morals, values, culture and principles. The people of India were loyal, helpful and wise. Kindness and flourish behavior were in nerves of them. In that Golden era everyone used to have faith on others. A belief in their hearts was natural that ,’they people are in between their own society where each member is trustworthy and everyone will be supportive if in case of any awkwardness’. While present profile of Humankind is just across from.
Nobody is interested in true and fair values. Everybody needs output according to them anyhow, without having a look that what will be the consequences of it in the form of results .A list of cases arises here, in which the Petition is of severe detrimental cases and the plaintiffs are having strong evidences against the offender but, still either cases may be getting dust or getting dates because of a number of reasons. In few cases innocent got convicted at the place of offenders. Sometimes lawyers are indulged, in few, judges are corrupt or helpless, else plaintiff itself get back from his case, because of coercion, terror of gun point, kidnapping of family and all variants likewise.
The root cause is rapid pace of Corruption. Corruption is strangling the fair play due to which justice is getting faded as the years being ahead. In the holy books it is written (Satyug)
SATKARMA HI DHARMA HAI, DHARMA HI POOJA HAI
POOJA HI SATYA HAI OR SATYA HI EESHWAR HAI
Is any Dharma represents itself in today’s (kaliyug ) civilization. The karma proves them morons, Because only just for fun, crowd of people can rule over the Law and justice , can be ready to be criminal without having fear in eyes of doing crime at dawn, while after knowing that- they are indulging in a crime. WHY ??? Because they knows that they can break the law behind their rich or powerful backgrounds, No judiciary powers can ruin their future or No judicial authority , Legislation or any power can disrepair even their single hair. And these kind of people literally did not know the actual difference in between Truth ( SATYA) and Lies . This kind of crowd consider themselves the God (EESHWAR).
And why not? After all they people are doing their own arbitrariness and the life goes on in a smooth manner. This whole sketch is the reason behind the Upshot of CRISIS OF PUBLIC CONFIDENCE IN JUDICIARY. A number of other reasons are also ranking here in the queue which is the ground for the crisis of public confidence in judiciary But, the core is only Corruption.
To distrust the judiciary marks the beginning of the end of society. Smash the present patterns of the institution, rebuild it on a different basis . . . . . but don’t stop believing in it.
_ Honore Balazc, quoted in O. KIRCHHEIMER, POLITICAL JUSTICE 175 (1961)
ONLY JUDICIARY IS NOT ACCOUNTABLE
As there is faith in the heart of that child, who is bounced in air by his father that he can never fall out of his father’s hand Similarly the common general have faith over our judicial as well as legislative system that they will get true and fair Justice definitely. But due to various uncertainities and misfortunes came about across the general, apparently public is loosing belief over the reliance of judiciary system with the passage of time. Neither single individual nor the whole system can be seen at the helm of witness box.
Link by link, stair by stair majority of hands can be seen moulded in the soil of these dishonest
Police, Prosecutors, Administrators are not the only people in question even judges or circumstances make them liable .Chain for the purpose of crime is indulged for the commission of the act. Sometimes an innocent and honest (sincere) authority also surrenders in front of the coercive threats against their family, and the direct gun points make them dubiously powerless.
Don’t move a long back, Have an eye over the parallel case of MR. AZAM KHAN (politician of Samaj wadi party), There are 83 court cases on MR. AZAM KHAN regarding :
• Counter feeting Indian coin Sec. 232 of IPC
• Wrongful confinement case Sec. 342 of IPC
• Criminal trespass Sec. 447 of IPC
• Extortion Sec. 384 of IPC
• Criminal Intimidation Sec. 506 of IPC
• Cheating Sec. 420 of IPC
• Criminal conspiracy Sec. 12-B of IPC
Land Grab case, Derogatory remarks case and a number of other cases which are uncountable.
The reason of untangling this case is only this that MR. AZAM was a politician and nobody can mark him till he was in power of his party government, The matter got torched due to the reason that government got changed, still the investigation and legal proceedings are slow
These all are the big reasons of drooping down belief of local crowd from judiciary .And this is not the only case likewise. Number of incidents, mishappenings, petitions, misfortunes are there which can show the realm of the decline in justice. A number of Articles, news, publications, Light march and other demonstrations roars after these misfortunes, upshot: Few days these matters got fire and garrulous But, Later Hard cash of upper class or power class ablaze the zenith of truth and retribution. This ridiculous drawing of system must be change which is getting stronger day by day.
On Jan 12, 2018 Friday , Top 4 Judges of the Supreme Court held a Press conference and raised concerns about the administration of the Court. Justice Chelameshwar, Justice Gogoi, Justice Lokur, and Justice Joseph said before the press and media that “There are number of people in India who speak with patience, we don’t wanted them to say after 20 years that above said judges had sold their souls and also had not taken the precise steps” Even the same day news showing that names of different jurists had added with Ram Janm Bhoomi and Bawri Masjid conflict matter and reveals the news in regard of judges that : Decision will be in favor of Ram temple and against the masjid, and this all became viral over social media too which was so horrible. This is the another tact to vanish the question where honest authority also spotted., the another way or loophole to disrepute the Judiciary, the system which result in decline of public confidence. While on Friday, Justice Chelameshwar said in the same conference that – “Our all attempts got failed, we tried to make them understand that Loktantra can never be saved in India, until this institution will be saved.”
On the above said matter, Harpreet Singh Giani has provided an article at Bar and Bench.com :” The truth of the matter is that none of the Fantastic Four is a hot-headed politician. None of them have any politician affiliation and none of them are ignorant or oblivious to the consequences of their action. If anything, they over estimate the ability of us Indians to think rationally or to protest against manifest corruption”.
Ahead he wrote, : “The truth of the matter is that the Chief Justice of India has arrogated into his hands personally, all judicial, executive and political power in this country. He has cobbled together an unholy network of authority based on selective reading of suspect precedents, and usurped the authority of the parliament to legislate, the authority of the law enforcement agencies to function, and the ability of the execution to govern. But the CJI’s panicked reaction in setting up a seven judges bench to overrule this judgement was unlawful. No constitutional provision, statute or convention gives the CJI or any other judge of the Supreme Court the right to nullify an order made by another judge or bench of the court”.
“This was Judicial misconduct”
EYE ON ANOTHER ISSUES
As Corruption is highlighted above it does not mean that Corruption is the only reason behind the crisis of public confidence in judiciary. Number of other issues are also responsible for the same, while corruption is apex. The another integral reason behind it is lack of authority in India. There are more than 3 crore court cases and petitions are pending in India whereas the counting of judges show the figure of 21 thousand approximately , as claimed by One judge is attributed towards 1 lakh majority of crowd, Ending : Dates are given for future, dates and dates again, the fair of candidates brighten and lighten and again brighten because they still have ray of faith somewhere that , ‘If Government will not help, Administrators will not listen, Police will not hear thereafter the only Court will assist them for fair justice. Because directly no single power can harass, chain is required for the evil acts and planning over them. Bench fixing, allegations on innocents only for making records, fake testimonies, adulteration in decisions and number of variant ways are there which are actually responsible for this whole picture of present day.
The recent Unnao gang rape case against Kuldeep Singh Senger (BJP MLA) is the biggest example which can show the whole portrait precisely. When the same case catches the fire through media, it was said that action will be taken for sure, later Vice Chief Minister of UP, Mr. Dinesh Sharma consoles that government is taking serious positive actions regarding the case and they are in connection with the family of the victim and also providing everything for the purpose of the treatment of the victim continuously.
Afterwards when moving towards the Supreme court proceedings, there are three hearings in a day over this same case by chief justice himself . Later status report and medical report had been asked through UP government and CBI also. Thereafter Supreme court ordered to investigate this court case outside UP and transferred to Delhi later (Here, this is the mirror for UP government as Supreme court found something wrong here or adulteration in truth as they transferred the case outside the state). Supreme court also provided some facilities to victim’s relative while Victim’s relative charged against the offender and was concerned about his security. Chief justice of Supreme court orders that all legal proceedings regarding this case must be finished within 45 days and medical report of the accident of the victim must be completed within 7 days and hearing of the case must be going on as daily basis. Also provide CRPF security to victim’s family and her Advocate too and now Kuldeep Singh Senger is in police custody from 13 April 2018 till now. At present CBI is working on this case.
Case : A teenage girl - who leveled rape allegations against BJP lawmaker Kuldeep Singh Senger last year – and her family met with an accident in Rae Bareilly district of UP on Sunday when the car they were travelling in collided with a truck. The girl was seriously injured and two of her aunts were dead. The girl’s lawyer who was also in vehicle, has been admitted in hospital with injuries, said his junior Vimal Kumar Yadav. The security detail that the girl was meant to have, was not accompanying her. Each step of this case is planned. Chain of offenders is ruling this case. This is crystal clear that victim is suffering and still no strict action through the authorities. The court case is going on….
In India there are many cases in which the victim became powerless, helpless such as in above mentioned case, attributable to the victim take up the law, result : that innocent victim got caught, or victim suicides, or the murder of victim which shows Honor killing or accident or any other option.
WRAPPING WORDS
The existence of the power to select colleagues on the bench over which the Chief justice of India presides or to allocate cases to his colleagues is not in question. It is the manner of exercise of the power that has led to the immediate crisis.
Is this a mere coincidence that on one and the same day, Thursday April 12, 2018, one of the most highly respected judges of the Supreme court and one of the acknowledged leaders of the bar spoke in anguish and alarm about the State of the Supreme Court of India in terms that should alert the Nation? Justice Kurian Joseph said that the ”very life and existence of the institution is under threat”. Kapil Sibbal said that the “Judiciary has reached its nadir today”.(The Hindu, April 13)
The language could not have been stronger. Both men are known to measure their words. It is said “ Undue interruption is not unusual, particularly in case of Advocate judges in the Supreme court and the High courts”. As a great Lord Chancellor remarked: “ A judge should be a gentleman. If he knows the law as well, so much the better .” No less disturbing are the trends in judicial conduct outside court.
The Law Commission observed: “Far from avoiding the precincts of Government House, judges have come to treat invitations from Government House as ‘commands’. Newspapers tell us of Chief Justices and judges being ‘granted’ interviews by Ministers. Though a few judges still maintain the old isolation, a large majority sees nothing incorrect in freely mixing with the Executive.
Breaking my words by this: Not believing over the system or judiciary is not the solution, Even this will finish up the peace of common, which will result in turbulence or evil. Steps towards the betterment are only, the option to mesh up all the ideas and renovate all the institutions and instructions for the amelioration of the general. Self respect and integrity of indulged chain will also works as the result in the advancement in the judiciary. Support of Society will become the improvement of Nation.
It is true that :
The Law is Blind
But
Law is Equal for All .
Comments