Restore the previous practice of appointment of Judges
Legal_Query
(Querist) 29 September 2008
This query is : Resolved
Dear Brothers & SIsters,
Previously it was the practice that whosoever wanted to become a judge would have to go for training under the guidance of a lawyer. This practice had been stopped for the sake of fulfilling the vaccum of judges in court. The intention was good, but the resultant is not favourable as far as the quality of judgement people are getting.
Judges now getting appointed do not have the requisite site of seeing things beyond books and have shortsightedness regarding the practical nature of law. It is saddening to hear from judges "... why would police file a false case" or "...since the police have said against the accused he is guilty as they do not have prior animity against the accused". If prosecutrix will become the investigator and the witness what defence will a normal lay man will be left with, everyone is not mentally and economically strong to fight to the supreme bench. These type of judgments are not only breaking the criminal justice system but also the lawyers who are in the field.
We are also seeing judges who want judgements / citations regarding the settled principle of laws, acts. The type of judges reaching the chair of justice is saddening, they are themself acting as brat, egoistic, rigid and have no ears for listening to things contrasting to their beliefs. Why should lack of proper investigation be going against the accused. If these type of judges are continued to be appointed the lack of quality judgment is going to be seen. Fault of investigating agencies cannot be burdened on the accused, but in reality what is happening is heartbreaking.
Judiciary for whatever reason is going for the quantity of judgement rather than quality of judgment. Speedy trial without quality cannot be a solution but more appointment of people having right calibre and attitude will be. This will not only restrict the no. of litigation but also enhance the no. of judgment.
Seeing present situation it seems proper to suggest that all the students of law should be sent for training under a lawyer after their final year and degree be awarded after the said period or after getting the degree they be trained under a lawyer before getting to sit in for civil judge (the previous practice). Citizens life and carriers are on line of fire, people giving justice should have the nerves to show through their judgments rather than saving hands and contributing to no. of pending cases.
Judgment in a case is never satisfying for both the parties but it is of prime importance that quality and nature of justice be maintained.
"Restore the previous practice of appointment of Judges"
Rgds
ARVIND JAIN
(Expert) 29 September 2008
yes atleast 3years compulsory training at the Bar should be there. sothat they have the exposoer of cases and law.
G. ARAVINTHAN
(Expert) 29 September 2008
Now in Tamilnadu, it seems that Posts for Junior Judges has been called for and everyone is awaiting results. In that exams there is no difference for 3year
