FAST JUSTICE AND CURING ILLS PLAGUING THE JUDICIARY

M K Gupta
Free Lancer Journalist

          Delay in decision, ever rising pendency and charges of corruption are the main problems plaguing the judiciary and to suggest remedial steps about these and other connected issues, a seminar was jointly organized by the Society for Fast Justice, Dwarka and Forum for Fast Justice, Mumbai on 17th July at Dwarka. 

The key speaker was Justice S. N. Dhingra of Delhi High Court (now retd).  He said that whenever any party in the power, it does not see any shortcoming in the governance but the moment, it is relegated in the opposition, it starts pointing out mistakes of ruling dispensation.  The remarks came in the wake of Kandhar incident.  The same case is about the judicial reforms where when a party is in power, it is not active but when it is driven out of power, it demands reforms vigorously.  He called upon that this double standard should come to an end.  The machinery entrusted with the task of curbing corruption should first clean itself and only then, it will be able to check the corruption. 

Justice Dhingra said that in USA and US, from common men up to the Prime Minister, all are equal before the law and the atmosphere for fast justice is lacking in India and our High Courts are burdened under the weight of cases.  It takes up to 25 years for arriving a decision at the stage of High Court while in the lower judiciary, the decision takes 4-5 years.  The situation in Delhi is worse as all the cases of the value of Rs 25 Lakh and above, must be heard at High Court and in Delhi, any property is hardly less than this value.  He proposed to high this limit when he was in service.  He made scathing attacks on the system, corruption and terrorism.  He said that due to such policy, terrorists have failed there after 7-11 attack on US.  He said that fake encounters takes place but to doubt every encounter as fake is unjust.  Many outfits are worried about the Human Rights of terrorists but what about the rights of common men. He also opined that the difference between the high profile cases and common cases should end and all should get justice expeditiously. 

Justice G.C. Bharuka said that in the field of justice, use of information technology should be increased.  Advocate J B Mudgil said that today, there are many old laws which are now redundant and these should be repealed to lesson the litigation.  He also informed that the ratio of Judges in India on one lakh population is about 10 while this is about 50 in developed and developing countries.  He suggested that the vacant posts of judges should be filled urgently and the process of appointing judges should start in advance before their retirement to curtail the delay. Now, the process starts after many month of the retirement.

On the occasion, Justice G C Bharuka, Chairman of Forum for fast justice, Bhagvanji Raiyani, Pramod Chawala, J. R. Gupta, S P Rai,  and B. S. Yadav of Sr. Citizen Association, C.M. Mathew of CGHS Federation, Cicily Kodian of Neighbour hood Ladies, M.K. Gupta of Dwarka Forum and a large number of Advocates, Sr. Citizens, office bearers of CGHS and DDA pockets as well as other residents were present.  The seminar was sponsored by the Senior Citizen Association, Dwarka. 

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