Sorabjee hits out at India's criminal justice system PTI[ THURSDAY, JUNE 12, 2003 10:33:18 AM ]
LONDON: The criminal justice system in India is on the verge of collapse owing to inordinate delay in getting a judicial verdict and many a potential litigant seems to take recourse to a parallel mafia dominated system of 'justice' that has sprung up in Metros like Mumbai, Soli J Sorabjee, Attorney General of India has said. "Hamlet's lament about the law's delays still haunts us in India and the horrendous arrears of cases in courts is a disgraceful blot on our legal system, especially the criminal justice delivery system," the Attorney General said while delivering a talk on 'Fundamental Rights in the Indian Constitution: Rhetoric or Reality?' at the Nehru Centre in London on Wednesday night. Prof Jeffrey Jowell, QC (Queen's Counsel), Professor of Public Law, University College of London, who presided, described Soli Sorabjee as one of the greatest lawyers. Striking an alarm bell, Sorabjee said: "Criminal justice system is on the verge of collapse. Because justice is not dispensed speedily, people have come to believe that there is no such thing as justice in Courts.�? Sorabjee also said that this "perception has caused many a potential litigant who has been wronged to settle out of court on terms which are unfair to him or to secure justice by taking the law into his own hands or by recourse to a parallel mafia-dominated system of 'justice' that has sprung up in Metropolitan centres like Mumbai.�? "The gravity of this development cannot be underestimated. Justice delayed will not only be justice denied, it will be the Rule of Law destroyed," he said. Referring to measures initiated by the government to clear the backlog of cases, Sorabjee, who is a Member of the Permanent Court of Arbitration at The Hague for six years, said fast track courts have been established and amendments have been made to expedite the justice delivery system. "Alternative dispute Resolution is vigorously promoted and requisite legislation has been passed in that behalf. Yet the burden of arrears is still heavy and is very worrisome. Legal profession needs to be transformed in its methods and mindset to overcome this grave problem." The legal luminary noted that modernising the system and making it user-friendly was one of the urgent tasks. "Judges must address the problem of arrears seriously and with determination. Judicial unpunctuality in the subordinate courts and in some High Courts must be eschewed. Adjournments should not be granted at the drop of a hat especially to accommodate senior counsels who are busy making money in other courts. "Most importantly, government should fill judicial vacancies which are known in advance in good time." The Attorney General said the time has come to ask: "Have the ideals of Justice, Liberty, Equality and Fraternity proclaimed in the Preamble in grandiloquent language been realised in the working of the Constitution during the last 53 years? Have we redeemed our tryst with destiny? Have fundamental rights been merely in the realm of empty rhetoric or have become living realities for the people of India. _______________________________________________ Assam mailing list [EMAIL PROTECTED] http://pikespeak.uccs.edu/mailman/listinfo/assam
