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Indian justice system has been proved unsuccessful in giving justice to the public
Paul Sharma
Indian justice system has been proved unsuccessful in giving justice to the public
PHOTO : TIWN File Photo

Indian justice system has been proved unsuccessful in giving justice to the public

Before independence, the elderly people sitting on the village's Choupal and settled all kinds of mutual disputes. They were able to make all these decisions only with the knowledge of life experience and mutual discussions one can make a decision with their own understanding.

But today's justice system has proved unsuccessful in giving justice to the public especially in India, there are lakhs of cases pending in the courts. The only reason is that the decision-maker does not have any experience and with the knowledge of reading the books one cannot solve the problem quickly and accurately.

Talking about the judges of India, one person after cramming the law books he gets a degree of PSC and in the age of 24-25 becomes a magistrate. In this way, in the courts, they hear all kinds of cases and make judgments to give justice to the public.

In the old time, elderly people used to give justice to public from their experience. In present time all judges have bookish knowledge having no experienced of practical life. In the court they make judgments of the people by reading  law books  Thereby, no decision is made in the courts on time and the decision takes many years to take place.

Most of the cases are started from small courts. Here, the newly appointed  judge who has just recently become a judge by reading books, does not have the knowledge of  surrounding life of thieves, gangsters, thugs, rapists and murderers. They only have knowledge of things that is written in books.

First of all the cases in India comes to the District Areas Magistrate. In these courts all the criminal cases, the police investigation officer deals and forward investigation reports.  With this police report, the case is filed in the court and it takes several years to get written statement of all witnesses and others prove as per law.  

If the government wants that the decisions in the courts are made early, then the judges of the High Court and the Supreme Court should be placed in place of the local magistrate, who will be able to identify the guilty immediately from their experience and  this system  will prove successful.

But our country is getting reversed. The person seeking justice is dragged into the District Magistrates' court several years ago. The newly appointed judge who is sitting here in the court who cannot make any right decision with the knowledge of mere books citation, As a result after a long period of years when people could not find any justice in the lower courts they run to High Courts to get speedy justice.

In the lower courts, if the government wants that the new judges who read the PCS books and will be able to make quick decisions, then they should get the help of the experienced people of the life so that they can help in getting the right justice for the people. For this system courts must get the services and help of thieves, robbers, thugs, rapists, murderers, who are languishing in the jails and having lifelong punishment. But they have knowledge of theft, cheating experienced. The government should serve the services of the prisoners in the work of the courts so that the public can get justice quickly.

For this, by creating a special board or panel in all lower courts, there judges along with the judicial prisoners, who will make a judgments after having face to face introduction and arguments and in this way will recognize the thieves, murderer immediately and the bookish knowledge magistrate will make a decision and order after hearing and finding  statement after the discussion of experienced  holders prisoners and culprits the judges will give their order according to law .

In the courts, the police usually have a major role in every case. All culprits are handed over to the Investigation Officer. The police officer who has many times education qualification of higher secondary , sometimes in the recruitment of the Sport Quote, a number of players are selected  for the police job and appointed as  ASI or Deputy Inspector  but they have no proper  knowledge of law only having inspiration of sports.

This is the reason there is no proper investigation of any criminal case by police investigation officers It is not a correct way, without understanding the case and with the recommendation of the police officer or leaders a promoted police officers or appointed any police officer from sports quota how can this police investigation officers provide accurate legal services to the sufferer.

The reports of the IO in all cases may be the case of dowry, rape or murder, is presented in court and on this report that is prepared by the untrained Police IO on the basis of false witness. This report of police officers goes in the hands of the high court judges to the judge of the Supreme Court, to debate and investigate, in the same way as a man search a black cat in the darkness.  In this way, the judges of the court make a decision on this report that is prepared by the matriculated qualified ASI who is promoted by seniority basis or may be joined direct on the behalf of sports qouta. The reports of ASI waste the precious time from lower courts to Supreme.

If the experienced judges of the Supreme Court were in the lower court, they would immediately give a decision on the report of the ASI it is right or wrong. The public should not have to go round the high court for justice. For this reason, an experienced judicial judge can settle the cases of small courts everyday and in this way hundreds of crores of cases pending in the courts will be settled in lower courts within time limit.

Consider, in our courts, there are two advocates present in the case of the court, one wants to convict a criminal and the other wants to be forgiven. It is obvious that one  advocate is lying to save the murderer here and the judge also knows that one lawyer from both lawyers is supporting the murderer and in the name of law, justice and fundamental rights  is destroying the time of the courts and the lawyer who is supporting the lie has been stuck in the punishment for the execution of the accused, thus Hon'ble Judge Saheb has been advocating the murderer for several years. The judges cannot make right decision within time in the controversies of both side lawyers.

If the government wants that the system will have to change for the right and speedy of justice, for this  those lawyers who support the wrong person and waste the time of the courts in the greed of making money , the lawyer who defend the culprits must be declared guilty and make a heavy fine to him and a criminal prosecution should be provided to the culprit and execution of the accused so that no lawyer can dare to say that he would bail him  or acquit him by court, with a heavy fee from the murderer.

In the end, it will be said that there should be experienced people in the lower courts and those lawyers who waste the time of the courts and if it is proved that the lawyer is supporting the wrong person, then a fine should be imposed on him so that the lawyer cannot dare to waste the time of the people and the courts of the country during the cycle of making money.

Writer Mr Paul Sharma in an Eminent Lawyer practising in India. 

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