OPINION

Monthly Archives: JANUARY 2018


THIS IS NO WAY TO RUN A JUSTICE SYSTEM
Govt, the biggest litigant, must end face off with judiciary for sake of justice
12.01.18 - VIPIN PUBBY*
Govt, the biggest litigant, must end face off with judiciary for sake of justice



The adage, justice delayed is justice denied is a justified axiom known since ages. Unfortunately the delay in delivering justice in India has been increasing year by year and the governments, both at the Centre and in the states, bear main responsibility for contributing to the crisis.

Governments are by far the biggest litigants with almost 70 per cent of the cases having ‘state’ as one of the parties in the case. While the ‘state’ automatically becomes a party in cases of crime and law and order, the tendency to file unnecessary appeals adds to the already heavy burden of the courts. It drags down other cases.

The indulgence among government advocates, including those under Solicitor General at the Centre and Advocate Generals in high courts, besides the public prosecutors in subordinate judiciary, is to pass on any responsibility by filing a review appeal. It is called "defensive litigation” where government advocates avoid taking on onus for closing the case, just passing it on and on.

Another reason for the inordinate delay in dispensing justice is the long-drawn confrontation between the government and the judiciary over the method of appointment of judges. Government, particularly at the Centre, wants more say in appointment of judges while the judiciary wants autonomy and no political interference. The stalemate has led to a high number of vacancies at all levels of judiciary.

There are presently over 45 per cent vacancies across high courts in the country, as per official figures. Over a decade ago the Law Commission had recommended an increase in the number of judges from 10 judges per 10 lakh people to 50 judges per 10 lakh people. Little has been done about it.

No wonder, the total number of cases pending in the various courts in the country have crossed the staggering figure of 3 crore. These include one crore cases pending in various high courts in the country. The system is quite clearly broken or dysfunctional to use another word.

Several lives have been ruined with the accused confined within the walls of jails simply because the trial takes years and years to conclude. Many have walked free at the end of trials. Yet after being acquitted ‘honourably’ by the courts no one is held accountable for the ‘hell’ encountered by them during long years behind bars and the loss of their prime years, never to return. On the other hand several accused roam free and even enjoy fruits of office before the law catches up with them.

To take some high profile recent examples, former Bihar chief minister Lalu Prasad Yadav was found guilty in yet another case of fodder scam which took place over two decades ago. In the meantime, Yadav remained chief minister of Bihar and then made way for his wife to take up the post. He later manoeuvred to make his son as deputy chief minister.

There are several cases pertaining to fodder scam against him. He had been already found guilty in some while a few others are yet to be decided. The public wants to know why could the courts not combine all related cases and decide punishment for all these together. Why stagger them over such long periods.

The infamous 2G spectrum case also took over a decade to decide. All the accused, including former Telecom minister A Raja and Kanimozhi, daughter of DMK supremo Karunanidhi, were acquitted. All of the accused had spent considerable time in jail during the prime of their lives. Yet the CBI Special court decision is not the final decision. It is bound to be challenged in the higher courts and by the time the Supreme Court takes the final decision, another decade will have passed. Even the conviction in J Jayalalithaa case came after her death.

Shockingly some of the cases had been pending for over three decades. Some of these relate to the 1984 anti-Sikh attacks. Very few convictions have taken place while several cases are pending trial at various stages. It is well known that some of the cases are being contested by the third generation. Many die seeking deliverance of justice. This is total travesty of justice. This is no way to run a justice system.

To be fair to judiciary, it is taking initiatives to dispose off cases that have been pending adjudication for decades. It has taken up the oldest pending cases and has given deadlines to judges to clear these up. It has also set up "Lok Adalats” and Conciliation Courts to settle issues out of court. However clearing up pending cases is a monumental task.

Indians by nature appear to be more inclined to enter into litigation but government could take steps to cut down on filing reviews and appeals. It must penalise its law officers for unnecessary dragging cases and failing to find closure. Steps must be taken to avoid wastage of crores of man-days in the courts. Laws need to be simplified and a time bound method be evolved to dispense justice.

 
 
 *(The author, a freelance journalist, is a former Resident Editor of Indian Express, Chandigarh, and reported on the political developments in Jammu and Kashmir, North-Eastern India, Gujarat, Himachal Pradesh, Haryana and Punjab in his long, illustrious career. This article was also published by lokmarg.com and is being published by Punjab Today under special arrangement with the author. - Ed)
 

Disclaimer : PunjabToday.in and other platforms of the Punjab Today group strive to include views and opinions from across the entire spectrum, but by no means do we agree with everything we publish. Our efforts and editorial choices consistently underscore our authors' right to the freedom of speech. However, it should be clear to all readers that individual authors are responsible for the information, ideas or opinions in their articles, and very often, these do not reflect the views of PunjabToday.in or other platforms of the group. Punjab Today does not assume any responsibility or liability for the views of authors whose work appears here.

_______________________________________________________________

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_______________________________________________________________


Punjab Today believes in serious, engaging, narrative journalism at a time when mainstream media houses seem to have given up on long-form writing and news television has blurred or altogether erased the lines between news and slapstick entertainment. We at Punjab Today believe that readers such as yourself appreciate cerebral journalism, and would like you to hold us against the best international industry standards. Brickbats are welcome even more than bouquets, though an occasional pat on the back is always encouraging. Good journalism can be a lifeline in these uncertain times worldwide. You can support us in myriad ways. To begin with, by spreading word about us and forwarding this reportage. Stay engaged.

— Team PT

 





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DIRE WARNINGS
As Nightmare Comes Calling, One Step Every Day
05.01.18 - Sanehead
As Nightmare Comes Calling, One Step Every Day



IT IS HIGH TIME for Brahmanical Hinduism in India, which is increasingly taking the form of a destructive and suffocating Hindutva, to be openly and squarely confronted by the rest of India, and to be cornered into acknowledging, confessing, repenting and forever abandoning its sins of omission and commission against the vast majority of this nation, and completely stripped of its sanctimonious, self righteous sense of superiority and the innumerable unfair social, economic, religious and political privileges it enjoys.

The cunning and selfish entrenched Brahminical Establishment would rather see this country disintegrate and slip into civil war and destruction, than give up its evil and oppressive ways.

This is unacceptable and unviable in an informed democratic society.

We are being pushed back into becoming an uninformed or rather misinformed herd and undemocratic medieval polity, by hook or by crook, by the forces of Brahminism which have, by misleading an illiterate proletariat, managed to seize formal political power on a scale unprecedented in modern times.

I see this as the last desperate attempt by such Brahminical forces to retain control and supremacy in India, but the forces of resistance are stronger than ever before.

Since Brahminical forces are not prepared to see the writing on the wall and surrender gracefully, I foresee a million mutinies and a million bloody melees ahead, of which world powers will surely try to take advantage.
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I see this as the last desperate attempt by Brahminical forces to retain control and supremacy in India, but the forces of resistance are stronger than ever before.
----------
Things are made worse by the fact that the anti-Brahmanical forces are not formally united, nor do they have a single leader or a clearly defined united leadership. There is a great asymmetry in information and awareness levels among the non Brahmin strugglers but there is a common, if not consciously shared, sense of anger deprivation and resentment. This is seen as an advantage by the Establishment which is using the confusion to sow the seeds of dissension among the forces of change, to try to pitch them against one another and to postpone the inevitable. This definitely weakens the anti-Brahmanical forces but it only makes the struggle more diffused and unmanageable and, therefore, is dangerous for civic peace.
 

It is only a matter of time before the armed forces, the police and the army as well as paramilitary forces are infected with this discontent and disorder. Once they rebel or break ranks (and our armed forces and police are already organised on caste community and regional lines), chaos will truly ensue.

The political establishment will try to control this by greater and greater centralisation and concentration of power, starting with the authoritarianism and fascism we already see at work, which can, at one stroke, be formalised, but this will only pave the way for transfer of power from a civilian strong man to a military dictatorship.
-----------
It is only a matter of time before the armed forces, the police and the army as well as paramilitary forces are infected with this discontent and disorder. Once they rebel or break ranks (and our armed forces and police are already organised on caste community and regional lines), chaos will truly ensue.
-----------
Neither the Brahmins nor the Non-Brahmins are in any way properly aware of, or are prepared for this. Things may soon be beyond the control of either faction, and history will then chart out its own bloody course.

It would be no wonder if external powers enter the scene and turn a nuclear India into a Global Theatre of War for the Third World War, with the Indian Ocean as a subsidiary stage. Balkanisation of India is also a distinct possibility in such a scenario.

Meanwhile, the powerless liberal intelligentsia merrily beats its ethereal wings in vain as the nightmare advances towards us.

"And we are here, as on a darkling plain
Swept with confused alarms of struggle and flight
Where ignorant armies clash by night."
                  (Matthew Arnold 'Dover Beach' 1849)

 

Disclaimer : PunjabToday.in and other platforms of the Punjab Today group strive to include views and opinions from across the entire spectrum, but by no means do we agree with everything we publish. Our efforts and editorial choices consistently underscore our authors' right to the freedom of speech. However, it should be clear to all readers that individual authors are responsible for the information, ideas or opinions in their articles, and very often, these do not reflect the views of PunjabToday.in or other platforms of the group. Punjab Today does not assume any responsibility or liability for the views of authors whose work appears here.

_______________________________________________________________

Most shared Punjab Today articles: 
 

SELF GOAL BY AMARINDER GOVT ON VAISAKHI HOLIDAY 

AMARINDER, BADALS, KHAIRA, AROOSA ALAM & A JOURNALIST OF TRIBUNE

BUT AAP WON'T GET IT. TUM TO THEHRE SHEHARI 

NAPOLEON PAINTING ROW: Punjab Govt insists on riding its high horse

PLAYING WITH SIKH SENTIMENTS: Punjab Govt’s ad depicts Tenth Sikh Master astride Napoleon’s horse

HOW DHUMAL WAS ASSASSINATED POLITICALLY, BY THE BJP

SUKHBIR IS RIGHT – On 97th anniversary  Panth Khatre Vich Hai. Where does this threat come from?

SHIROMANI AKALI DAL – Abhi to party shuru huyee hai...

MUNICIPAL ELECTIONS IN PUNJAB: How Congress, SAD, AAP have framed issues  

DO NOT GO GENTLE INTO THAT GOOD NIGHT

VIDEO - CLASS 5 STUDENT THREATENS REVOLUTION

CHAI PAR SUICIDE? Meet Mankar. Sorry, he’s dead. Modi met him, though - for Chai Pe Charcha

1984 - A RIOT OR A GENOCIDE? Controversy explodes in Canada again as Hardeep Puri tweets

PUNJAB VIDHAN SABHA: They are publishing a new book, so please go read an old one

JAANE KYA DIKH JAAYE! Rajasthan, where they write poems hailing Shambu Lal Regar 

'IF NOT VANDE MATARAM, then will you salute Afzal Guru?' 

LAHORE NU SALAAM – LAHORE CHODD AAYA - Prof. Randhir Singh

THE LOOT THAT RAJASTHAN COMMITTED – An insult bigger than Bollywood’s Padmawati! 

TRIBUNE’S HARISH KHARE SHATTERS EDITORIAL SILENCE OVER CARAVAN REPORTAGE  

THE DANGER OF RENAMING A COLLEGE 

ARNAB GOSWAMI WATCHES PADMAWATI, KARNI SENA IS HAPPIEST

DESH CHORR DO – VANDE MATARAM MAN TELLS SIKH LEADER TO LEAVE COUNTRY

DYAL SINGH COLLEGE TO VANDE MATARAM MAHAVIDYALAYA - A DESIGN NEFARIOUS?

HONESTY CERTIFICATE TO MAJITHIA TRIGGERS CRISIS IN TRIBUNE 

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WAS IT MEANT FOR TRUMP? OR US?  – Bush, Obama said this on Diwali

WALKING IN STEP, HAND ON THE SHOULDER Aye Bhayee, Bina Dekhe Chalo

CHALO, PATAAKE CHALAYEN – CM Amarinder Singh & Parkash Singh Badal Jee

NO TIME TO READ THIS STORY? – That’s OK - Please do not feel guilty 

ELECTION COMMISSION - YOU FAILED TO CONVINCE. TRY AGAIN.

THIS IS WHY ELECTION COMMISSION DID NOT ANNOUNCE GUJARAT POLL DATES – Decoding the mystery 

BJP TO EDUCATE FARMERS ABOUT AGRI & RELIGION LINK – Will tell them Modi did so much 

AYE BHAI, BINA DEKHE CHALO –  Walking with the blind in Chandigarh

BAD, BAD WOMAN! – Punjab’s top playwright slams woman complainant against Langah

MR PRESIDENT, PLEASE TAKE BACK HIS GALLANTRY MEDAL – On Amod Kanth’s badge of shame

OPEN SALE AT GNDU – Have Rs 25,000? Get your compartment cleared. Rs 50,000 for two subjects

SUCHA SINGH LANGAH : KAMAAL JAARI HAI... Sucha Singh Langah wins, even in his darkest moments

ABEY TU BAHAR NIKAL, CHOWK MEIN AA   The 10-yard-radius protest

PATIALA, VIA PANCHKULA. HAIL DEMOCRACY! Halaat kharaab nahi hone chahiye!

PEHLU KHAN CASE   Will Govt Now Compensate The Magnificent Six? The Nation Needs to Know

MR HOME MINISTER, WILL YOU BE VISITING FAROOQ AHMAD DAR'S HOUSE? 

THE RYAN DEBATE: HOW INDIA MISSED THE GREAT CCTV ANGLE?  Not covered by cctv, so not covered by tv either

POLITICAL ECONOMY OF RETIREMENT AGE ROW   What’s wrong with retirement age policy?

THE GORAKHPUR DEAD SPEAK TO PUNJAB  From Patiala to Gorakhpur, the tale of the dead

WE WILL KILL 40-50 – Haryana BJP, Govt calculated death toll before firing first bullet

RELAX! ALL 30 WERE DERA PREMIS – Panchkula says something stinking about its conscience

LET'S KILL PAASH – Dr Sumail Singh Sidhu on the importance of Paash

A DOKLAM IN EVERY FIELD: Farmers not only produce food. They produce peace.

SURGICAL STRIKE YOU DID NOT KNOW ABOUT: When Indian jawans killed everyone at Pak post

PUNJAB: AN IDEA IN SEARCH OF WORDS: Punjab, more than a poster boy of progress or a renegade from modernity

_______________________________________________________________


Punjab Today believes in serious, engaging, narrative journalism at a time when mainstream media houses seem to have given up on long-form writing and news television has blurred or altogether erased the lines between news and slapstick entertainment. We at Punjab Today believe that readers such as yourself appreciate cerebral journalism, and would like you to hold us against the best international industry standards. Brickbats are welcome even more than bouquets, though an occasional pat on the back is always encouraging. Good journalism can be a lifeline in these uncertain times worldwide. You can support us in myriad ways. To begin with, by spreading word about us and forwarding this reportage. Stay engaged.

— Team PT







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Comment by: devraj shastri

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