There are still other (Shocking) reasons for delays in courts. Yes, it is the "honble" "judges" themselves. I have limited but sad direct experience of courts and "judges." Most of the "judges" themselseves go against the law. For instance, the Consumer Protection Act suggests that a non-complicated case should be disposed off in about 5 months, and that ordinarily no adjournment should be allowed, and if any is allowed, the reasons should be recorded in writing and costs of at least Rs. 500 should be awarded. However, most cases drag on for years, because the "judges" allow multiple adjournments on the flimsiest of grounds, without recording reasons in writing, and without allowing costs contrary to law. Again, the "judges" are completely into endless proccedure as opposed to substance. For instance, every applications gets a new date. Why? Why cannot, for instance, a judge order that in the event the application is allowed, there will be a commission at 12.30 pm on the next date, but if the application is not allowed, the matter is set for final arguements on the next date. Such thinking would reduce a number of unnecessary "dates." Yet again, it is settled law that orders must be reasoned orders and lower courts cannot supersede those of SC, but "judges" routinely flount such common sense. As a matter of fact, I find, as a general rule, that the higher the courts, the more arrogant are the "judges." Finally, it is high time the "judges" wake up to reality and stop the insulting practice of awarding paltry costs of Rs. 500 or 1000 in matters that took several years and probably cost 50,000 or even a few lacs. Why should the errant be rewarded and the complainant punished with costs of only 1000? And why do the courts not give adequate compensation and or exemplary damages where the matter was dragged on for years and where the losing party wilfully broke laws of the land? I think if the courts were more prompt and gave out proper costs and damages, the errant would shape up for fear of large damages. Therefore, the "judges" first need to be properly trained in order to make for quicker and better justice. But to be fair to them, the number of judeges need to be increased several-fold as opined by Law Commission several decades ago (!) so that no judge at the lower level has more than 10 matters and at the higher level has more than 5 matters listed before him on any day. And of course, the courts need proper infrastructure so the the judes work in an envoirnment conducive to such work. Victor
--- On Thu, 7/14/11, bail gk <bailgk@gmail.com> wrote:
From: bail gk <bailgk@gmail.com>
Subject: [HumJanenge] delay in courts
To: humjanenge@googlegroups.com
Date: Thursday, July 14, 2011, 2:48 AM
Hello friends
I am impressed by the contributions now being recieved by you, where
causes for delays have been pointed out. I would like to add a couple
more.
a. All laws in India need immediate revision to create proper
environment for speedy justice. We know that many are more than a
hundred years old
b' Why are the courts closed in summer? Was this practice not
introduced so that white skinned honourable judges who couldnot bear
the heat of colonial India and could rush to hills - all at tax payers
money. . This is still continued to cool the heads of our desi judges
after giving umteen adjournments causing delay in deciding cases.
c. Are not the MPs responsible for drafting and ensuring passing of
revised laws.Why doesnot the civil society gherao all MPs who walk out
almost every day on flimsiest reasons. We" intelligencia' should make
effective noices to drive some sense to our elected representatives
particularly in the last forty years. Let us keep the issue burning
till we get good justice with out delays Brig Bail
| 
No comments:
Post a Comment