Judicial Incompetency…


Well, there are umpteenth number of examples to justify the statement I have made above. But sticking to some key cases, I will try to justify the statement that  in India, Judicial Services are running on the incompetent track.

1) Abdul Karim Telgi.

The one who whitewashed the whole country in stamp business and earned whopping Rs. 202 Crores daily has got punishment after almost 12 years. The stamp paper fraud took place in 1994 and after that Telgi was sent from one judicial custody to other without getting any punishment. The conviction and subsequent punishment came in January 2006. 17 January 2006 was the date when Abdul Karim Telgi was sentenced for 10 years of rigorous imprisonment.

The second punishment came on 28 June 2007 sentencing 13 years of rigorous imprisonment and a fine of whopping Rs 202 crores.

Even Abdul Karim Telgi was relieved to hear him getting the punishment finally. Even he thanked the judge for punishing him finally.

The question here is what took the courts 12 years to punish Abdul Telgi? Was the case so complicated thats it took the court 12 years to solve the mystery???

2) 1993 Bomb Blast Case.

Same is with “1993 Bomb Blast” case. The link I have provided here clearly says, “though the conviction and result came after 16 years, only the small fishes were caught and fried. The bigger fishes in the game were long long gone“.

This case also took 16 years to solve and to convict the culprits. But these culprits were only pawns in the game. The main King or the Queen are out of the sight.

The same question comes in mind here too. What took them 16 years to convict the culprits? Similar things have happened with Gujarat Riots, Malegaon Bomb Blast and so many other cases.

Reference: The article in http://www.indiatime.com/2009/07/27/1993-bomb-blasts-convictions-continue/ in It’s IndiaTime.

3) Ajmal Kasab.Ajmal Kasab

This 25 year old young phony have brought tears in many eyes. But still he is not speaking up and the case is not leading anywhere. He is enjoying the cozy of locker and is being provided with newspapers and other resources. Though it’s being said that he is kept away from any media exposure and is isolated, it was revealed in some trials that he gets to read newspaper daily. Even the ex-police officers have admitted that Kasab gets newspaper to read.

He also demands perfume to clear the air around his jail room. He also demands the money which his Pakistani friend had packed in his rucksack. What is this? Is Ajmal Kasab a celebrity? How can he demand such things and not damned?

But one thing is there. Kasab is just a pawn in this game and the King’s won’t mind him getting eliminated. That is why it is important to get to the root of this case, find and convict the King/Queen of the game. Otherwise the Kasab trial would lead to where the 1993 Bomb Blast case lead. As is mentioned in an article by IndiaTime on 27 July 2009.

Reference: An article http://blogs.timesofindia.indiatimes.com/crosslines/entry/kasab-trial-or-circus1 by Ranjan Roy.

Fast Track courts – A chaos.

As per the decision of Supreme Court of India, India decided to set up Fast Track courts to clear backlogs and give fast justice. But the primary motive of Fast Track courts seems to be loosing out. Now the government want Fast Track courts out of the scene before they complete their 5 years term. Fast Track courts are now finding it difficult to work because of non-availability of fund. They are starving of funds. And who is responsible for this?

According to a report of Dr. Madabhushi Sridhar, faculty at NALSAR University of Law, Hyderabad, the number of cases pending are alarming. As per figures available on July 5, 2000, the total number of cases pending before the Supreme Court was 21,600 against 1.05 lakhs a decade ago. As for the High Courts, pending cases number 34 lakhs now, against 19 lakhs 10 years ago. The number of cases pending for more than 10 years is 645 in the Supreme Court and 5,00,085 in the High Courts. (According to Frontline, July 07, 2001)

The reason attributed to such an alarming increase in the pending cases is non-filling of vacancies of Judges. Thus fast-track courts are also loosing out on this.

Reference: An article http://www.legalservicesindia.com/articles/misoj.htm by Dr. Madabhushi Sridhar, Faculty at NALSAR University of Law, Hyderabad.

Though various cases are getting forwarded to Fast Track court, i doubt how quick the fast track courts can come to the decision. The Judicial System needs to awake and see the loop holes in the system. And try and figure out the ways to cover those loop holes so in the future an common man won’t be afraid of coming to the court and will be assured that “Courts in India mean JUSTICE“.

All the delay and lack of accountability and half baked schemes amount to a daily mockery of the fundamental right to speedy trial. The Supreme Court made it clear that “speedy trial is of essence to criminal justice and there can be no doubt that the delay in trial by itself constitutes denial of justice” (Hussainara Khatoon V. State of Bihar AIR 1979 SC 1364).

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