Showing posts with label speedy justice. Show all posts
Showing posts with label speedy justice. Show all posts

Saturday, June 06, 2009

The Judicial Policy

“JUSTICE delayed is justice denied”, the maxim, is the driving force behind the Judicial Policy introduced by the Chief Justice about a week ago. The Judicial Policy aims at quick disposal of cases and thus providing relief to the litigants. But as the situation is, unfortunately the Judicial Policy might well be the reason for an immense increase in litigation, both civil and criminal.
Criminal and Civil litigation, in most cases, is interconnected, civil disputes lead to criminal disputes and vice-versa. The Judicial Policy provides for a period of only five days of notice in Bail before arrest cases. The period between filing of Bail application and notice to Complainant and Police to appears aims at providing the accused enough time to join the investigation with the Police and clarify his position, a notice of five days means that the accused would be left with very little time to prove his innocence to the Police where he has been involved in the case falsely. Also, the Judicial Policy provides for completion of trial within one year after its commencement, which too is not enough.
Talking about the civil litigation, most of the civil litigation involving disputes regarding property involves stay matters. The Judicial Policy provides only fifteen days for the decision of Stay matter after the institution of a civil suit. This small period of fifteen days is rather ridiculous, because generally at least fifteen days are considered a reasonable time for affecting the service of Notice to the second party. Now when the service would have to be affected in a hurried manner and stay decided in such a short period, several complications would arise. The Judicial Policy further requires a judge to report to the High Court his inability to decide the stay matter within the specified time, if it so happens, the repercussion of which would be that every judge would aim at deciding the stay matter any way rather than going for explanation to the High Court, which would result in miscarriage of justice. Moreover, the decision of civil judge on stay matter would result in appeal against the order, the result_ increase in litigation. Mostly, the reasons behind the Hurt and Murder cases involve property disputes. When the litigants would not find justice from the court, chances are bright that criminal matters would grow large in number.
Our Civil and Criminal procedure provides for a completion of trial after recording of complete evidence and arguments from both sides. Recording of evidence, particularly in civil cases, requires a considerable time but when the things would be done in hurry, apprehension of miscarriage of justice would always be there. Our courts are flooded with files involving frivolous litigation aimed at vexing the opponent party. I believe that the situation would be a lot better if we had Law of Torts as regular law in our country. Whereas, the Judicial Policy has been formulated with high ideals of facilitating the litigants, I see it as a prelude to a new beginning which will further add to the miseries of hapless litigants. It would rather be very proper that the Chief justice had taken steps to eradicate the evil of frivolous litigation in the first place and then move ahead to devise methods to ensure quick disposal of cases rather than fixing a time period for it.

Friday, March 20, 2009

Flight of the Desert Hawk

Finding some free time and fuel in the bike's tank has its consequences, i.e. RIDING and so it happened today. I had been planning for this trip for quite some time now but time itself was the problem but I got the opportunity today.

The destination was no specific, I only wanted to be in the middle of the desert which is toward South of my city.

I shall post some pics with commentary..This time pics were taken from the digital camera a gift from my uncle. Images have been resized for quick loading.

As the ride began, two things bothered me quite much.
1. I was hearing some cracking kind of sound that really freaked me.
2. Every biker coming from front had his face fully covered (because mostly we don't use helmets) but I was wearing my helmet.

I did some more distance and finally found out that the cracking sound was in fact bugs hitting the helmet and for the same reason other bikers had their faces covered

Time is ripe for the harvesting of gram crop so the desert is covered with a green blanket in this season.




I did a total of 82km on this ride, both ways. This is the second longest ride for me on this bike.
Some pics..




Found a diverging road and stopped for a pic there, it was just me myself and I on this road...Complete wilderness..


The whole place gives an entirely different look in the summer season, but wow here..


Love this shot..


A pic of the Thal Motorway, very nice for speed riding. Needless to say I didn't go fast :-)


It was beginning to get dark as I started on my way back, however I stopped for a few pics..






As it got darker there were more bugs hitting the helmet. On my way up I had spotted this area near the main road, I wanted to be back here while there was still daylight so I could take some good pics but unfortunately I got a bit late. Nevertheless, I took some pics...








Next up it got even darker and my helmet's visor had got little bugs all over it so that made the visibility even poorer. When I got back home I came to know that the bugs were actually mosquitoes, I had killed several today.


A look of the helmet after the ride..


The ride done, the bike now needs a good cleaning... :-)

Monday, March 02, 2009

Mobile Courts

WITH Supreme Court’s verdict of Mian bros.’ disqualification and the natural response by the lot, the President is now up to devising methods to create a soft corner among the lawyers’ community in order to minimize the growing rage against him. This is something the ex was pretty brilliant at too though he had to give up ultimately. As the situation is, the President has come up with the idea of Mobile Courts for to provide speedy justice and to quote from an Indian movie I watched some years ago, ‘justice at the spot’. Whether these Mobile Courts can really provide justice to the common lot in a country where the deposed Justice himself seeks justice is not clear yet. However, it is a good opportunity to employ the Jialaas and finally pay them for their services somehow and also attract other opportunists to join the force, not to forget the recent increase in the number of justices of the High Courts.
Our nation has a way of its own at looking things and the people out there seem to have a great sense of punning. When our ex introduced the well-known Enlightened Moderation in order to create a soft image of the country to the ‘developed world’ the nation showing its wit rather declared it Moderate Enlightenment, and now when the current President in order to provide justice to the common man has come up with such a brilliant idea of Mobile Courts, pranksters have started calling it Gashti Courts. Whereas it surely amounts to contempt of the court I wonder what might be the plight of the common man after the introduction of these new courts in our country where corruption is rampant in every other department so let’s have one more and expect that all will be fine.