Former President of India
K.R. Narayanan once famously said ‘Courts in India are like casinos’. Satyamev Jayate (truth prevails), is emblazoned
in all courts across the country but justice is often denied to most of the litigants.
One cannot say it for certain that he or she would get the justice despite the
law and facts in his/her favour.
Illustrious writer Charles
Dickens wrote a famous novel ‘Bleak House’, which deals with a well-known
fictional case ‘Jarndyce and Jarndyce’. In the case of family dispute two
members approach the court which took so much time that by the time the
judgment came, both of them not only became old but pauper as well. More or less the same story is still found in
India where the cases linger on, from one court to other, for years nay,
decades together. By the time the justice is delivered it loses all relevance
for the parties.
This trite sentence of ‘justice
delayed is justice denied’ is being heard in India for decades. Surprisingly
nothing tangible has been done so far to rectify it. There is a Law Commission
in India. which has submitted many reports for improvement in the justice
delivery system but they all have been of no avail. Members of Parliament,
cutting across party lines, cry from the house tops for the simplification of
the justice delivery system but they also have miserably failed to give any
solution. Similarly judges and lawyers speak volumes for making the justice ‘cheap
and speedy’ but the result is here for all to see.
Coming to the main point
nobody knows it for sure in what way the judgement will go. That is why, the metaphor
of casino may appear to be derogatory but that is a true statement of fact. In
India we do not have the inquisitorial system of justice. Our is adversarial
system, where delay is inherent. The plaintiff approaches the court then the
reply comes from the other party, which again is replied by the complainant or
claimant. The documentary proofs are filed as evidence then both parties and
their witnesses are cross examined. Finally, the advocates argue the case with
the citations of the precedents of the case laws and other relevant materials. Ultimately
the decision is pronounced by the judge which takes many years. Needless to
mention both parties and their advocates adopt unethical methods to win the
case. Advocates are expected to be the friends and the officers of the courts
and their job is to help in the just administration of justice. But when you
speak to any lawyer, he will tell that he is more accountable to his client,
who has paid him because clients want him to win the case by means fair or
foul. And that is why, the element of dishonesty has crept into the justice
delivery system right from litigants up to the level of the judges. There is
case of a workman K.K. Verma, who started fighting for his reinstatement in
service in 1985, won his case from the Labour Court but the matter is still
pending in the Delhi High Court, although he has retired two years back. Is it
not sordid commentary on the justice delivery system?
The adversarial system of
justice is, without doubt, time consuming but with the help of modern technology
revolutionary changes can be brought about in the administration of justice.
The number of judges in the ratio of population and litigation is certainly an important
factor but only by increasing the number of judges speedy justice cannot been ensured
unless and until the modern technology is introduced in full measure. For example,
the filing of the cases can be done though the electronic medium without
wasting much of the time in registry, defects can be cured without creating any
hassle. Evidences can be recorded through video. A time slot can be allotted to
advocates to argue the cases. The adjournments on flimsy grounds should be
stopped and if adjournments are sought on unconvincing grounds then reasonable
cost should be imposed. The technology can work wonder and therefore it is the
only ray of hope. It will kick out in competent judges, insincere lawyers and
litigation loving litigants.
No comments:
Post a Comment