>I cannot agree with his conclusions that courts are
answerable to none and >that they can act irresponsibly and have no
>accountability and act with >impunity and then let themselves
be manipulated by the wheeling-dealing of >crooked lawyers >and
external influences.
*** Why can't you BK? Is it because you know something that the
writer does not, or is it that you find Chawla's explanations
inadequate or unconvincing?
Why I ask is because anyone can dismiss anything with the air of
an expert. It is an arrogant desi trait. But it could be convincing
only if a case is made with a persuasive explanation or
argument.
>It appears from the general comment about lawyers that they
are the people >primarily responsible for laws' delay. They
>were aggrieved that the number of >cases was falling and
their means of livelihood were at stake. I don't think we >want
>cases to be delayed because lawyers should survive at the cost of
the >litigant public. Absence of strife among mankind
>is a healthy portent.
*** Wrong inference.
Lawyers could not continue to delay hearings if limits are set
with enforceable laws. It is a matter of reforming the judicial system
closing the loopholes.
>We need not bother much about the Best Bakery case as the
judge was unable to >convict the guilty persons because of poor
police work and that he did not >leave room for appeal.
*** We need not?
I would have to think otherwise. Because a court, such as this
FTC, which obviously does not provide for any serious examination of
all aspects of as important a case as the Best Bakery case, and allows
a judge to summarily dismiss it without possibility of appeal is a
complete subversion of the judicial process.
It is a subversion of the process to even allow such an important
case to be heard by an entity such as the FTC, which has NO defined
process to begin with.
It is a best, a kangaroo court. Of course it suited the Modi
admin. to use it.
And of course it was convenient for the Modi admin. to allow
'shoddy' police work to be introduced.
It does not take a genius to see this whole thing was rigged to
arrive at pre-determined outcome.
And we should not be concerned about it?
At 6:38 PM -0400 4/26/05, [EMAIL PROTECTED] wrote:
Dear Netters
It is a brilliant article by Anil Chawla. I never heard about the Fast Tracks Courts before; his article is comprehensive and it cleared a lot of clogs from my conception of the working of the judiciary in India during the last three decades.
The Assam Tribune's editorial has praised the working of the FTC so far in India. His only concern is that these were temporary measures to clear backlogs and the FTCs might have to disappear because of lack of funds. Moreover the target of creating a total of 1,734 FTCs in the country was not reached.
This is a temporary measure. As soon as the backlog is substantially reduced I see no reason why these courts should continue.
The famous filmstar Rekha's case has been cited as a case of delay in a normal court.At the same time it shows quick detection work by the police. The question is why then it took seven years to return the jewellery to their owner? That has to be found out; we've some indication below.
It appears from the general comment about lawyers that they are the people primarily responsible for laws' delay. They were aggrieved that the number of cases was falling and their means of livelihood were at stake. I don't think we want cases to be delayed because lawyers should survive at the cost of the litigant public. Absence of strife among mankind is a healthy portent.
There is a theory in law that a prompt verdict is better than even an erroneous one. Only problem here is that retired judges were found to be not serious about their responsibilties as those in active service. I don't think all retired judges would behave in that way. To prevent that they can be given short tenures. I would also recommend that FTCs recruit practising lawyers on a temporary basis who may be absorbed in permanent posts if they perform well. We need not bother much about the Best Bakery case as the judge was unable to convict the guilty persons because of poor police work and that he did not leave room for appeal. However, the author says that the State Government can have recourse to an apeal or revision by the High Court.
Anil Chawla recommends that NHRC conduct studies that monitor on a regular basis the quality of judgments delivered and the level of confidence of the people in the judicial system. Our system of trial is known as adverserial which helps judges to sift the truth from analysing the evidence from both the sides. In the event of miscarriage of justice there is a regular channel to seek relief by way of appeal to higher courts.Why then another tier of judges duplicating the work? However I see no harm in trying to measure peoples' confidence in the judicial system.
I cannot agree with his conclusions that courts are answerable to none and that they can act irresponsibly and have no accountability and act with impunity and then let themselves be manipulated by the wheeling-dealing of crooked lawyers and external influences.
We remember judges for their outstanding work from the days of the proverbial Daniel. They can be disciplined like any other public servant for misbehaviour, incompetence and corruption.At the same time they enjoy certain protection to their person which is essential if they are to act freely and fairly. They are responsible and their performance is judged by the whole world. They would not let themselves be manipulatd by crooked lawyers if they could help. The theory is that lawyers are also servants of the courts and they are also expected to possess the same integrity as the judges. That they are evils is a social phenomenon. It is unfortunate that many of our politicians are from that profession.
Bhuban
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