NOTHING CAN MAKE INJUSTICE JUST
I was shocked by judgment pronounced by court acquitting all the accused of Laxmanpur Bathe late in 2013 and the recent verdict on Hashimpura massacre only exacerbated situation for me. An account of functioning of Indian Judiciary.
The concept of Dharma orlaw in ancient india was inspired byVedas. The earliest document throwing light on theory of jurisprudence, whichforms part of practical goovernance, is the “Artha Sastra” of Kautilya datingback to 300 B.C.
Inmedieval India, the religious leaders endeavoured to transform Islam into areligion of law, but as custodian of justice, the rulers made the Sharia, acourt subservient to their sovereign power. Theoretically the rulers had to beobedient to the Sharia and history speaks about certain cases where sovereignsunhesistengly submitted to the Qazi’s decision.
During Mughals period the secular judge wasknown as Mir- adl . He acted as a judge on the Emperor’s behalf. He wasrequired to make impartial and personal inquiries. He was also responsible for implementing qazi’s decisions. Emperor Akbar also appointed two officers, called tui-begis, to supervise the adherence to the law and fixed a nominal amount as their fee. The same system was followed till British took over the power of India.
Supreme Court Of Calcutta was estb. in 1774 under Regulating Act, 1773 followed by Madras and Bombay. Indian High Courts Act, 1861 abolished these supreme courts and estb. High Courts in its place. Under GoI Act, 1935 Federal Court of India was estb along with judicial committee of privy council. Post Independence, Supreme Court of India was established replacing both. Along with, High Courts also came in being for one or more states or Union Territories.
Indian Judiciary has been assigned with responsibilities, which are imperative for smooth functioning of democracy, inter alia, guardian of Constitution of India and protector of Fundamental Rights and interpreter of law. “यतो धर्मस्ततो जयः॥ (Yato Dharmas Tato Jayah) Whence law, thence victory “ is the guiding principle of the Supreme Court of India.
Right from its inception, Supreme Court of India fulfilling its duty has given lot of landmark judgments, which were of paramount significance for innumerous reasons. Some judgment safeguarding Fundamental rights of citizens while other focused at bringing deprived and weaker section of the society to the fore. Judgments gradually have proved that judiciary is friend to none but Constitution of India. Besides patting Supreme Court for unprecedented success, we also need to to dig the failures it had to face.
One, Supreme court even when it was in its infancy had delivered judgment against Law on Redistribution of Land related to Land Reforms and in favour of Jamindars. It reasoned that Right to Property being a FR couldn’t be violated, only to compel the Government to make the very First Amendment to Constitution of India and subsequently curtailing Right to Property from FR.
Two, The period of Emergency was testing time for Indian Judiciary. At the time people were taken under preventive detention and their Constitutional Rights were grossly violated. ADM of Jabalpur Vs. Shiv Kant shukla case, Habeas Corpus Case, as it is popularly called, in which four of five judges had supported government to have unrestricted power of detention during time of emergency and also added that no person has locus to move any writ petition to challenge legality of order of detention. With only dissenting voice, Justice H.R. Khanna, who was also most senior judge of Supreme Court of India, Said in his judgment :
“detention without trial is an anathema to all those who love personal liberty... A dissent is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting Judge believes the court to have been betrayed”.
He later paid its price by loosing chief citizenship and thus began discontinuation of convention of appointing senior most judges as Chief Justice of India.
Three, Unfazed by government’s desperate move to limit the role of judiciary by subsequent Constitutional amendments, Supreme Court in one of its judgment came up with concept of Basic Structure of Constitution. The judgment clearly imposes further limitations on the constituent power of Parliament with respect to the principles underlying certain fundamental rights.
It further gave judgments on various cases like 2G Spectrum, Black Money, Minority Bill, Coal Scam, recognition of transgender as third gender. Its verdicts are often welcomed by and has affected en masse through out the length and breadth of country.
With all these unprecedented success, Supreme Court or Indian Judiciary should be patted unanimously. It has raised hope among those who crave for justice, who faces unfair discrimination, who are found to be weak and underprivileged.
Injustice anywhere is threat to Justice Everywhere:
With such a incredible history and impugnable experience, Of course, respecting all its judgments and with no intent to disdain court, I cease to understand how can it fail miserably in delivering justice in some major cases. Those are the cases in which not getting justice have unimaginable repercussions on society through out the country and also India’s image abroad. I also could not understand how can it take as much time as it usually takes. As we also know that “justice delayed is justice denied”, focusing on these two points, I lay down some examples for elucidation:
Hashimpura massacre, 1987:
Some members of Provincial Armed Constabulary (PAC) allegedly rounded up 40-45 Muslim youths from Hashimpura Mohalla in City of Meerut, Uttar Pradesh.
They were taken to outskirts of the city and were shot dead and bodies were dumped in Hindon Canal. By 1994(7 years !!), report was submitted by CB- CID of UP Police. In its recommendation, the committee suggested the prosecution of 19 PAC members. Subsequently Up govt. gave permission to prosecute the accused.
Several bailable warrants were issued but to no avail till 2000 followed by a non bailable warrant which consequently compelled them to surrender before the court. After so much of ups and downs, the court, however, in its judgment last week acquitted all accused reasoning benefit of doubt. No one was found guilty as there was lack of evidence. But, an ostensible question that leaves every one in enigma is, Who killed Muslim Youth?
Similar was the result of Laxmanpur bathe. Laxmanpur was a village besides Sone River in Bihar where in midst of fateful night of 1st December 1997, Ranveer Sena, militia of upper caste had butchered 58 Dalits just because they were demanding for their work wage to be hiked like any other worker, by landlords of the same village. As usual the cases were filed and the judgment was declared as late as in October 2013, acquitting all the accused for the lack of evidence and so giving accused, mostly killers, benefit of doubt. Its verdict also had an inherent question, Who Killed Dalit?
This particular incident had virtual impact on my life. As I was forced to go to boarding school in same city, which happens to be my hometown. My grandfather till date is much concerned unnecessarily about me and my life was the one responsible to let me live a hosteller’s life miles away from my home.
None, in my knowledge, would be oblivious of cases like Anti Sikh Riots, 1984, Bhagalpur Riot, 1989, Gujarat riot, 2002 and the list goes on and also judgments related to these cases. All are example of failure of justice in broad day light.
As reader must have got by now, that there are some emergent problems that are being faced by Indian Judicial System. Had it not been the case, this much time and such a repugnant verdict would not have been pronounced. There are high number of cases as many as 61000 that are pending in Supreme Court as on 1st march 2015. The powerful person readily distorts witnesses. People stay away due to complex procedures followed thus inviting crime. Wealthy person hiring well qualified advocates to pursue their case and lack of political will of government concerned to pursue the case.
As evident from above, that judicial system needs reform desperately. I have few dynamic suggestions to make, which might seem obscene to few reader but I can assure that it will certainly find some place in discourse in years to come.
One, Allow “Private Sector Judicial System” to be established. Make rules and regulations to regulate the same. Courtesy: Successful private banks.
Two, while Lok Adalat is most welcome step, Judges and Advocates should work on weekends in order to clear the pending cases should not refrain from sitting for long hours, if needed. Courtesy: My Private Sector Job.
Three, on our part, we should run to court only after exhausting all options to settle the dispute.
Fourth, the people of this country must take promise of not filing cases on one or two days of week, thus helping court clearing backlog.
Fifth, politically motivated cases should be declined.
Sixth, The callous and frivolous attitude of advocates should be changed or the very selection procedure should be reformed.
Seventh, The court should take circumstantial evidence also in to account, should consider seriously on benefit of doubt criteria.
Eighth, Unnecessary extension or adjournments should not be given. If at all, then gap should be less.
Ninth, judicial literacy should be disseminated.
Tenth, Connect all the Courts via Internet. So, that cases may be available to all courts.
Eleventh, Retired Judges should also be taken on board with their consent for few years to hear petty cases.
Twelfth, Make High Court’s decision as final on certain matters(Which doesn't need to be elongated ) and same should follow for District and other subordinate courts.
I would like to conclude with,
Jay Samvidhan, Jay Nyaytantra.
Long live Constitution, Long live Judiciary.
http://supremecourtofindia.nic.in
http://en.wikipedia.org/wiki/Supreme_Court_of_India
http://en.wikipedia.org/wiki/Habeas_corpus
http://en.wikipedia.org/wiki/Hashimpura_massacre
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