The main reason for all maladies prevailing in our country is our weakest judicial system. Our politicians also do find it in their interest that decisions on all criminal charges in the court are delayed by years and years Criminals are not criminals as long as they are proved in the court of law. It is a fact that Justice delayed is justice denied. It is also a fact that delayed justice promotes culture of crime and eliminate fear complex from the mind of those who are habituated to commit crime. Real mockery of judicial system is visible after decades when criminals are acquitted or given clean chit.
Mr. Kasab had attacked Mumbai along with several other terrorists in last November, every Indian knows it well. But have anyone right to say Kasab as criminal as long as he is not proved so by court of India. Had he been Indian citizen he could be given ticket by secular congress party to contest the election to motivate Muslim votes.
There are lacs of cases pending in various courts for disposal for more than 10 years and there is no hope that any court in India will ever be free of such huge lot of pending cases. Because judges either do not want to dispose off the case under the pressure of bribe money they get through advocates, or the system is provided too little number of judges and supporting staff to take up the cases and disposes of in minimum time or there are various legal constraints which prolong the process of pre-decision judicial process. Whatever may be the reason behind the delay in justice, it is open secret that during last more than sixty years of freedom no substantial efforts have been taken to remove the bottlenecks, to eliminate the prevalent corrupt practices in the courts and to quicken the process of justice.
The day Indian citizen are sure of quick delivery of justice, millions of cases will be added to judicial system for getting justice. To avoid this, government does not provide enough manpower to courts. There is no proper safety of judges or even court staff or advocates who show courage to speak truth and decide the case truly.
These results in increase of foul game being played by criminals with their money and muscle power .Bad elements are more active and effective in the courts .And honest, straightforward and innocents find themselves as handicapped and disabled to get their work done and under the pressure and diplomacy of bad elements, good persons are discarded, tortured and finished. It is therefore open secret that majority of really aggrieved person think it wise to digest the poison of injustice than to file a case in the court and face the crucial trial and unbearable torture of the system for decades.
In India, there is a practice that police officer in Thana will not accept FIR from general mass in easy way and claim that there is no crime or very little crime in the town. Politicians and minister in Government will not hesitate in taking credit for the same that they have provided crime free rule to the people of their area. Even if cases are lodged there will not be any follow up action due to some reason or the other. If charge sheets are framed, they proved ineffective in the courts. Finally if cases are registered, the same goes through trial for decades and remain undecided.
At the same time politicians and criminals take it comfortable and convenient when some one files cases against them because he understands the weaknesses of the judicial system .This is why criminal move in the market so freely and even get ticket for contesting election for Parliament and state assemblies or get privilege for posting in VIP posts .
Politicians like Jaddsih Tytler are given clean chit after 25 years of judicial trial against him. Late Rajiv Gandhi , Ex Prime Minster of India faced prolonged mental torture , crucial judicial process and troublesome political blackmail from his opponents on Bofors charges and after his death the key complainant Mr. V. P. Singh accepted and expressed publicly that Rajiv Gandhi was not actually involved in Bofors case. There are hundreds of such examples where political leaders are acquitted from the courts and CBI on some plea or the other. One can very well imagine the fate of general mass who dares filing a case in Indian court. In a country nothing may be more disheartening and painful where criminals are not punished even after decades and aggrieved are not hopeful of justice from the courts for decades from legal system and police departments.
It is not therefore at all astonishing that hundreds of criminal reaches state assemblies and the Parliament of India. Supreme Court or Election commission does not have enough tools in their hand to prevent entry of criminals in the Hall of Fame where rules are supposed to be framed to stop and eliminate crime from the society. It appears more ridiculous when politicians blame judiciary for slow delivery of justice. But it is also a undeniable fact that mutual blame game is an easy toll to befool the general masses.
It will not be an exaggeration if one say that there are criminals sitting in each government department and such persons get not only weightage and importance in the department but also promotion and key posting and get continuous patronage from their political stalwarts.All these promotes culture of crime and crime only.
Innocents are in general afraid of the system and hence keep miles away from poice and court.They think it wise to pay bribe to court or police person so that they do not take cognizance of injustice done to him .This is the greatest tragedy which we all face in our life.
4th April 2009
Danendra Jain Ganaraj ChoumuhaniAgartala
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