LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arul Kumar (Legal Consultant & Professor at Law)     25 August 2009

'Overburdened' judge passes wrong order, discharged man held

The reluctance on the part of Judges with regard to declaration of assets only shows how double standard they  are with substancial power. It only show the poeple with supreme power do not respect the Demoracy. The justice providers are not Just.



Learning

 11 Replies

Arul Kumar (Legal Consultant & Professor at Law)     25 August 2009

The reluctance on the part of Judges with regard to declaration of assets only shows how double standard they  are with substancial power. It only show the poeple with supreme power do not respect the Demoracy. The justice providers are not Just.

Anil Agrawal (Retired)     25 August 2009

Sorry for arrest. Matter ends there. We can't utter a word against the magistrate. Why? Contempt of Court.

Anil Agrawal (Retired)     25 August 2009

 Law Minister says Indian judiciary is held in very high esteem. Perhaps this judge is not part of Indian judiciary.

Ria (Legal)     25 August 2009

There a lot of such mistakes due to which an innocent person suffers. At times the court clerk are too lazy to record what had happened in a particular hearing, hence if there is an argument on that particular days event.....there is not record to prove what happened on the last date.

I have even noticed that the court clerk misplace records that are important in decision making.

There needs to strict rules governing such negligence in duty. They need to understand that they are dealing with human emotions and life.

 

Anil Agrawal (Retired)     25 August 2009

 With computerization, it is a lame excuse. The simple truth is: we don't work, we have no system, there is no check and balance and human problem or no human problem, we are like sheep and dogs. 

I know a case where High Court order has not reached the trial court for more than a year. The biggest weaponis contempt of court.

Sarvesh Kumar Sharma Advocate (Advocacy)     25 August 2009

?????????????????????????????

Sarvesh Kumar Sharma Advocate (Advocacy)     29 August 2009

to avoid havy work load plz. mantrion to appointing authorties also!

Anil Agrawal (Retired)     29 August 2009

 There is no system in place. No checks and balances.

Rajan Salvi (Lawyer)     02 September 2009

May be judges are hounded for early and fast disposals and if they do not do so , it reflects badly in thier annual confidential reports. Judicial work is taxing. Even on holidays some or the other work is going on like seminars/training /meetings  etc. Government expects the govt. employees to work even on holidays and even after the working hours.  This is wrong. If the minimun hours of working are decided as per labour laws, then why expect other persons to go on working? Every body knows that after a certain time, due to fatigue, the attention wanders and efficient concentration on a particular job is not possible.

Anil Agrawal (Retired)     02 September 2009

 Don't raise a finger. This is our judiciary and executive. Jay Ho!

Wrongly jailed for 10 yrs, man gets Rs 1L

MUMBAI: The Bombay high court on Tuesday asked the Maharashtra government to pay Rs 1 lakh as compensation to a 40-year-old man who languished in

 

prison for over 10 years for a crime he didn't commit. 



Malegoan resident Bapu Mali was in jail for five years as an undertrial battling rape and murder charges. Even after the trial court acquitted him, Mali spent five more years in prison as he didn't pay the bail amount when his case went into appeal. 



"This is a sorry state of affairs," a division bench of Justice Bilal Nazki and Justice A R Joshi said, while upholding the trial court order acquitting Mali. "Not only the prosecuting agency but also the courts are involved (for Mali languishing in jail). This is a reflection on our own system which needs to be corrected." 



The court, in its order, also framed guidelines for the trial courts in such cases and said that the sessions judge who didn't comply with the rules will be liable for departmental inquiry and even contempt of court. "A person who is acquitted should not remain in jail even for an (extra) day," said the judges. 



"But many poor persons are unable to furnish the bail amount and remain in jail," advocate Yug Chaudhry, who was appointed as an amicus curiae (friend of the court) said. The HC asked the sessions judges to release such accused on bail or a personal bond; and, in case the sessions court decides to send the accused back to jail, the judge has to furnish the information to the HC. 



TOI, in its edition dated August 17, 2009 reported the case of the 35-year-old man who was in prison for over five years despite being acquitted of the criminal charges against him. The court had directed the state to pay him Rs 100,000 as compensation. Subsequently, the HC asked the state to find out if there were other such prisoners and Mali's case came to light.

 

Anil Agrawal (Retired)     02 September 2009

 Sorry for the ad. The article was lifted from the website of TOI and the ad got lifted too. 

Now here comes what we know but we are afraid to talk: It happened in the SC today 2/9/09

Criminal justice system has collapsed: SC

NEW DELHI: Supreme Court on Thursday sounded the grim warning that the criminal justice system had been subverted with witnesses being manipulated andtrials being hijacked with judges and lawyers remaining "handicapped witnesses". 

Making the chilling observation, which to many only confirmed the widely held perception of the erosion of the system, a Bench comprising Justices B N Agrawal, G S Singhvi and Aftab Alam also said that the lower judiciary had decayed. 



"The courts of magistrate and munsif have ceased to be an option for the common man," the Bench said and compared the lower courts to ill-equipped and ill-staffed public health centres (PHCs) in rural areas. 



"Only those people go there who have no other option," said the Bench as an apparent indicator of the low measure of public faith in these courts, which are the first points of dispute settlement for the masses. 



The comment, perhaps the sharpest-ever from the apex court on the health of the country's judicial administration system, came in a case arising from the appeal filed by two senior advocates — R K Anand and I U Khan — against Delhi High Court's order hauling them up for criminal contempt for influencing a key witness in a hit-and-run case. 



The HC's action against the two advocates was based on a sting operation. 



It was senior advocate Harish Salve who provided the trigger for the candid comments from the Bench. The advocate said that while it might be fine to fault the journalists involved in the sting operation for the methods they used to record the conversation between the two advocates and the witness, what was really important was that their action had driven home the fact that "the criminal justice system faced a serious challenge from such activity". 



Salve's opening provided the perfect vent for the Bench to pour out its anguish. "Over the years, the fact remains that large number of trials have been hijacked by manipulation. The accused have succeeded in manipulating the witnesses. The system in which we are involved, the judges and lawyers have remained handicapped witnesses," the Bench said. 



The Bench's expression of helplessness to the apparent pervasiveness of the problem in the criminal justice system took on a more serious dimension as the judges expressed serious doubts about the competence of lower judiciary and waning public faith in it. 



Coming to the hit-and-run case and the involvement of two well-known lawyers — defence counsel Anand and public prosecutor Khan — and the manner in which they allegedly manipulated the witness, the Bench said, "What happened in this case is the tip of the iceberg. This is a case of accident. We have seen cases involving smuggling of arms, RDX, narcotics where the accused get away. But we are helpless." 



Salve said not only the judicial system, but there was a general tendency in all quarters to disregard the majesty of law and the judgments passed by the judiciary. "The apex court has repeatedly told the lawyer community not to go on strike. But we do not seem to care. The SC has told the police not to handcuff accused, but they have scant regard for it. The single directive principle protecting bureaucrats has been struck down repeatedly, but it still holds good. SC has ordered police reforms, but few states have implemented it," he said. 



"I belong to a fraternity which has a lot to answer to society," the leading lawyer, appearing for NDTV, told the Bench in response to its caustic comments on the obnoxious manipulations happening in trials.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading