Monday, January 7, 2013

RE: [IAC#RG] Don't our members have faith in the judicial system?

We have inherited the justice system from Britain.Our courts are not Courts of Justice,but Courts of Evidence.The responsibility of presenting prosecution evidence rests on the prosecution and If the prosecution does not present case properly,accused escapes.There is no use in blaming the judiciary.
Pakistan has made it into an art for not taking any action so far in bringing to book the perpetuators of Mumbai carnage hiding behind their judiciary,which is also following the same system as ours..
Unless the prosecution is made an independent entity,our justice system will suffer. 


navnith

 

 


 

Date: Mon, 7 Jan 2013 16:41:01 +0530
From: sujatamadhok@gmail.com
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] Don't our members have faith in the judicial system?

Friends,

We resort to the police only in desperation; we have little hope from the administration or their political masters; we go to court when all 

else fails. Sadly, even the judiciary more often than not fails us ordinary citizens of this country. What is the use of demanding yet more 

laws? We have some of the most progressive legislation in this country and the worst implementation. Court orders are repeatedly 

flouted but the courts do not seem to be concerned about this. Contempt petitions are taken lightly and no official or authority is ever 

punished for flouting orders. 


When I see the state of our courts and the endless delays and endless bureaucratic procedures followed by our judicial process it 

leaves me angry and bitter as it does so many nameless, voiceless people of this country.  The lawyers are rapacious, delays help 

them extract more money from clients and one never knows if one's own lawyer has been bought over by the other side....  The courts 

listen to the most expensive lawyers who come to court with a trail of juniors and hi-faluting reputations, the ordinary lawyer does not 

seem to get the same weightage.  

The state of the labour courts is the worst but no one bothers about them. After all it is only ordinary workers who are seeking 

reinstatement in jobs or redressal upon retrenchment. The fact that human lives and families are at stake does not matter. (II have 

seen retrenched workers starve, take children out of schools, send them to the village....I have seen workers lose their mental balance 

while waiting for justice). 

The courts are heavily backlogged with matters of property and government disputes. Why do the government departments litigate so 

much?  Are the property interests of the rich more important than matters of divorce, child custody and maintenance? Why are there not 

enough family courts? Why are there not enough criminal courts? After all these directly impact people's lives and security and human 

rights,

Sujata Madhok
New Delhi


  
On Mon, Jan 7, 2013 at 7:26 AM, Victor Cooper <victor99cooper@yahoo.com> wrote:
Sir, as always you are delicately direct, incisive, and to the point.  Keep up the good work.

Victor


--- On Sun, 1/6/13, Sarbajit Roy <sroy.mb@gmail.com> wrote:

From: Sarbajit Roy <sroy.mb@gmail.com>

Subject: Re: [IAC#RG] Don't our members have faith in the judicial system?
To: indiaresists@lists.riseup.net
Date: Sunday, January 6, 2013, 4:50 PM


Dear Friend/s

The only faiths people now have that India will be saved are in :-

A) God

and/or

B) Gun

Lets say this openly, instead of wasting time with long arguments and circulating our pet theories on how to save India.

PS:  Please understand what Ms. Maja Daruwala delicately expressed on the judiciary.

Sarbajit

On Sun, Jan 6, 2013 at 11:51 PM, Virender Bhogal <vbhogal@gmail.com> wrote:
You are absolutely correct. It is a different question. No amount of tweaking the law or new laws will help.
It is a system failure that has allowed massive corruption to flourish, that has allowed the politicians to rule the country as their fiefdom, that has allowed the administrators to loot and allowed the police the convenience of the perpetuator. It is this system that needs to exorcised. And if we cling to our subservient all excepting attitude, then even flight to the Himalayas will be futile.
Virender



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