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zimmerzapper (student)     04 May 2011

What guarantees fair trial in courts?

What guarantees fair trial in courts? we seem to have so much faith in judiciary, but what actually guarantees that things will looked objectively without being foolishly emotional. even judges are humans, they can also have prejudices.

 

ref:-

https://saibaba-invigilator.blogspot.com/2006/12/sai-baba-protected-by-supreme-court-of.html



Learning

 3 Replies

prasanta kumar parida (sr. consultant)     04 May 2011

dear friend

if a party to a case tried by trial court feels t6hat as a human being the trial judge with prejudice has not given reasonable opportunity or has violated the principle of natural justice and has exercised the jurisdiction vested on him & committed illegality in giving a finding on any of the issues, then the victim has a statutory right to appeal before higher courts.

Arup (UNEMPLOYED)     04 May 2011

mr prasant,

it is not his question, that what is the remedy, when judje did a wrong.  his question is the guarantee of fair trial at court?

it is coming from a very matured brain, though the boy is young one.

Actually there is no guarantee, only believe is there.

but the scientific approach is - not the believe, but the guarantee, in a perticular matter is needed, by which we can not question further.

cpc, crpc, provided how the judgment will be pronounced, there they tried to ensure that the judgment will be fair and perfect. but in absence of data used at cout, not available to the common people, which help to  suppressed the fact. hence judgment unfair.

i marked it several times.

even when we ref a perticular judgment, we do not know, what is petitioner,& respondent's say, what are the witnesses and evidencees for this case.

the judge only write few lines according to his choice about the petitioner and respondents saying, witnesses and evidencesses available in the case and how the judge come to this conclusion. all these are  views and saying of the judge alone.

suppose that a judge accept rs ten thousand as bribe from a party to give judgment in favour of him, and prononnced a  judgement in favour of that  party. what is the gurantee that - this can never happened, THIS IS NOT AT ALL POSSIBLE?

 

THIS IS THE ACTUAL QUESTION OF MR ZIMMERZAPPER.

1 Like

Siddhi Agarwal (Owner)     16 May 2011

Atleast in this country infested with corrupt politicians, judges and govt. officers at all levels it is not possible to expect honesty in judicial system. It is obsolue and rotten. You can get  a fair judgement only if you have water tight case with all documenmts and police is not involved. Our experience shows that there is rampant corruption not only lower court but even in high courts.

Therefore prey that you never have to deal with litigation and take precautions for this.Constitution only give you the gurantee but that also on paper not in practice.

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