Monday, October 1, 2012

HANDICAPPED JUDICIARY-

WHO ARE INTERESTED AND ARE BENEFICIARIES OF DELAY IN JUSTICE:

THERE ARE OVER FEW CRORES  CIVIL/CRIMINAL CASES PENDING IN THE VARIOUS COURTS IN INDIA. MANY OF THESE ARE DECADES OLD.
MANY ARE SUCH THAT MAXIMUM AWARDABLE PUNISHMENT PERIOD IS ALSO CROSSED AND THE ACCUSED ARE STILL IN JAIL.
(IT IS NOT DUE TO THE COURTS AND JUDGES.
WHO ARE INTERESTED IN CONTINUING SUCH STATE OF AFFAIRS TO KEEP JUDICIARY HANDICAPPED?
WHO ARE THE BENEFICIARIES OF SUCH SITUATION? CERTAINELY NOT THE POOR AND POWERLESS AS THEY ARE LANGUISING IN JAILS SINCE A LONG TIME THOUGH NOT PROVED GUILTY AND WHO WILL ARRANGE FOR THEIR BAILS.)
SENIOR SUPREME COURT LAWYER KTS TULSI IN HIS TALK WITH TIMES GROUP CORRESPONDENT TOUCHES ONE OF THE IMPORTANT POINTS.

HE SAYS THE SUDDEN SPURT IN CRIMES IS AS MUCH A REFLECTION OF THE INCREASING IMMORALITY AND MATERIALISM AS IT IS OF THE DECREASING DETERRENT VALUE OF THE DYSFUNCTIONAL CRIMINAL JUSTICE SYSTEM. IT'S TIME WE STOPPED THINKING IN TERMS OF ILLIBERAL MEASURES SUCH AS ENACTING STIFFER PENALTIES, REVERSING THE BURDEN OF PROOF OR EVEN INCREASING THE NUMBER OF JUDGES.
RATHER, WE SHOULD BE MORE CREATIVE IN APPLYING MODERN TECHNOLOGY TO THE CRIMINAL JUSTICE SYSTEM, LEVERAGING OUR COUNTRY'S STATUS AS AN IT POWERHOUSE.

IT'S A TRAVESTY THAT IN THIS SUPERSONIC AGE, WE ARE DELIVERING JUSTICE IN A BULLOCK CART/

WHY DO INDIAN COURTS, FOR INSTANCE, DEPEND ON THE ABILITY OF JUDGES TO RECORD EVIDENCE IN LONG HAND? oR ON SEMI-LITERATE TYPISTS WHO MAKE HORDES OF MISTAKES?

THE OUTPUT OF INDIAN JUDGES IS 25 PAGES PER DAY WHILE THE CORRESPONDING FIGURE FOR THEIR AMERICAN COUNTERPARTS IS 300 PAGES. THIS IS MAINLY BECAUSE AMERICAN JUDGES ARE EQUIPPED WITH HIGH-TECH FACILITIES FOR RECORDING AND TRANSCRIBING EVIDENCE. .... THE APPLICATION OF TECHNOLOGY TO COURT MANAGEMENT CAN DRASTICALLY REDUCE SCOPE FOR FRAMING INNOCENT PERSONS OR SUBORNING WITNESSES. ...
READ THE FULL REPORT IN TOI HYD. 30 SEP 2012.



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