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The wheels of justice turn slowly. This increases the costs of accessing justice in addition to hampering people’s ability to access justice from the courts. India is one of the countries whose inefficient justice systems are legendary. Most cases lag for years and in so doing delaying people justice. A significant number of all the cases filed in Indian courts remain unresolved for at least five years – the number has become increasingly alarming over the years. Some cases may take as much as 20 years to resolve. During this period, the people who required justice are deprived of it. In some instances, the accused persons died before the cases are resolved. Examples of cases that have taken an extremely long time to resolve include the Bhopal Disaster, Aarushi Murder Case, Pallavi Purkayastha Murder Case, Jayalalita DA Case, Hashimpura Massacre, Raja Radhakrishna Deb Land Case, Aadhaar Scheme, 1992 Babri Masjid Demolition, Uphaar Cinema Fire Case, and 1984 Anti-Sikh Riots Case. These cases highlight some of the reasons as to why the Indian judicial system is highly inefficient. They also highlight the untold suffering that the delay of justice causes certain people while propagating the culture of impunity in the Indian society where the powerful and well-connected can get away with anything at the expense of the weak and vulnerable. Generally, the factors lead to the delay of justice in the Indian judiciary include inadequate staff, lack of enough fast track courts, corruption, archaic laws, lack of technology, lack of public education, lack of adequate integration of technology in the judicial system, inadequate Lok Adalat courts, poor staff training and management, and the court appellate structure and management. These factors increase the duration of lawsuits and reduce the access of justice to common Indians. They also increase the cost of access to justice. This book addresses these issues in relation to the Indian judiciary system and proposes measures that may be taken to tackle these challenges.
What happens when justice is delayed? It is denied, certainly. That answer, while a truism, is also incomplete, for it does not describe the depth, intensity, and complexity of the impact of delay in Indian courts. Several questions may be considered in this context: How does an undertrial prisoner bring up her child in prison? How does delay in disposal of a claim affect a company's business? Who suffers when land acquisition is mired in litigation-landowner or the public? Does involvement in prolonged litigation detract from a government's primary purpose? Will appointing more judges solve the problem of delay and rising pendency? Are amendments to law and policy working to mitigate delays? To answer these and other questions, this volume of essays-to which lawyers, economists, sociologists, researchers, and a High Court judge have contributed-goes beyond understanding the price of delay in terms of lost time and money. Instead, it examines the effects of delay at multiple levels-individual, institutional, societal, and systemic-through critical data analyses. It also presents innovative use of cross-disciplinary methods to understand what causes delay, how its impact can be measured, and how its effects can be anticipated and avoided. Targeted systemic interventions are crucial to minimise the adverse impact of delays, so that justice is neither delayed nor frustrated, or, indeed, reduced to mere illusion!
This compendium of stories is a realistic portrayal of characters in day-to-day life. It a sequel to the Different Facets of Love released in 2018.
The reason for writing my sister's story is to display my everlasting, ever-loving memories of Mary H. Smith. She was my second eldest female sibling. Her story is about how she was killed and how her crime was eventually solved after 23 years. As I wrote this story I relived the events of:How my parents reacted when they went to the morgue to view my sister's badly beaten body.How my niece Michelle Strickland, a Cook County Correctional officer, discovered the murderer, a felon by the name of "Escort", by processing his paperwork.How our neighbors processed Mary's death and consoled none of us. How my longtime friend from the neighborhood came to me with two pistols. One for each of us to exact revenge and how we learned later that our target had nothing to do with the crime.
On a cold November morning a fourteen year old paperboy was delivering his route when he saw a brightly wrapped package on the roof of a parked car. Curiosity got the best of him and when he picked it up it exploded, killing him instantly. This is the true story of the investigation of his murder and numerous other related murders which occurred over a fifteen year span. It shows how investigators were able to link the murders to one man, a motorcycle gang enforcer. This story provides a comprehensive look into the criminal justice system and reveals not only it’s successes, but also it’s failures. From police officers to detectives to forensic experts to medical examiners to prosecuting attorneys to witnesses and even informants, everyone contributed. No one gave up! It’s the story of how all the pieces were put together, the killer identified, and the case presented for prosecution. It also shows how one elected official became the biggest stumbling block to justice for all the victims.
In India, the quote “Justice Delayed is Justice Denied” is frequently cited in legal proceedings, orders, and judgments. However, its impact has been minimal, leading to a rising backlog of cases, especially criminal ones. This issue has been discussed at governance and judicial levels, yet the situation continues to worsen. The author's conscience is compelled to address this proverb due to the severe mental toll on accused individuals in prolonged criminal trials. These delays, spanning years, leave the accused mentally imprisoned and living in torment. The judiciary, known for its sharp discernment, appears inconsistent in criminal cases. Accused individuals endure financial, physical, and mental torture without fault, often for over twenty-five years. If trials concluded within a reasonable five-year period, many could have been exonerated much sooner. Even the cruelest animal shows mercy, yet the current system subjects the accused to prolonged suffering unjustly.
A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
The book presents, for the first time, a comprehensive and analytical inside view of the Indian judiciary. Justice Katju traces the evolution of law and proceeds to analyse, with incisive insight, matters of critical importance like the appointment of judges, contempt of court, delays in justice and the challenges facing the Indian judiciary. The author draws upon his extensive tenure as a justice of the High Court and Supreme Court to draw examples and relate fascinating personal experiences. He addresses issues like judicial corruption and propagates novel proposals like lawyers to be brought under the Consumer Protection Act. Some memorable judgements which helped in shaping the Indian judiciary have been made by Justice Katju. The book covers these judgements in detail and also includes anecdotes, which bring out the captivating and complex world of the judiciary. A must read book for not just those in the legal field, but all those wanting a never before insight into the Indian judiciary.
"The military plays an important role in nation-building and national security. Notwithstanding special requirements of military life, the members of the armed forces should enjoy the rights guaranteed in the Constitution and other relevant international human rights treaties which India has ratified to the extent that those rights are available to other citizens of the country. The guarantee of a fair trial should apply to all proceedings under the military legal system, including summary trial and summary systems of court martial. The government must ensure the economic, social, and cultural rights of military personnel including housing, medical care, education, free legal aid and social security. Derogations of the Fundamental Rights under Article 33 should not be carried so far as to create a class of citizens who are not entitled to the benefits of the liberal interpretation of the Constitution. This book is aimed at all those who are involved in promoting, protecting, and enforcing the rights of not only the members of the armed forces, but also the other forces engaged in the security of the country. It will of relevance to parliamentarians, government officials, military authorities and members of the civil society who have a stake in the armed forces."
The judiciary has been the one sturdy dyke that has saved us from the excesses of rulers. But recent events remind us of the cracks that have formed: the quality of individuals apart, even the institutional arrangements that had been put in place to preserve the purity and independence of the institution--the collegium, conventions governing the way cases are to be assigned among judges--have frayed. These cracks provide a dangerous opportunity to political rulers to suborn this institution also.Through actual cases and judgments--of subordinate courts, High Courts, the Supreme Court--Arun Shourie enables us to see how frail and vulnerable this 'last pillar standing' has become. A judge who by a brazen manipulation of facts lets a prominent politician off ... Events and a judgment that let the convicted choose the prosecutor who is to conduct the case against them ... Courts that turn a blind eye to life-and-death reforms even as they preoccupy themselves with trivia ... Courts that deliver ringing judgments and then do not care to look if their directions are being implemented ... Courts that disregard their own judgments on penalizing persons for perjury, for dragging out cases ... Courts that do not think through the consequences, even the predictable consequences of their judgments ... Judges who prevaricate, who look the other way when some of their own fraternity come under a cloud ... A judge who is manifestly unbalanced, judges whose knowledge of the most elementary facts of science is laughable, a judge whose prose even the Supreme Court is unable to comprehend--all of them continue to hand down rulings that affect the fortunes and lives of thousands ... Judges who disregard well-settled principles to such an extent that their colleagues are compelled to make their grave misgivings public...And the non-bailable warrants that are issued for the arrest of Anita, Arun Shourie's ailing wife, for evading summons that were never served, summons that were ostensibly issued for their having built a house that was never built, on a plot they did not own... Through the meticulous examination that is a hallmark of his writing, Arun Shourie leads us through judgments and instances--some hilarious, so many infuriating--and points to things that each of us--judges, lawyers, laypersons like us--can do to retrieve this most vital of institutions.