Streamlining judicial procedures to ensure justice
The judicial system of our country has done us proud since independence. 1975 verdict of Allahabad High Court against the then serving PM is one such example. But of late the corrupt minded in the society, corporate, govt and even in judiciary have found loopholes to fool the system and the common man seeking justice. Hence the judiciary system needs to be modified considering our experience of 70 years. My small suggestions are given below. More suggestions, unbiased and without politics are solicitated from local circle members.
1. There must be extensive phycological tests of candidates being selected for judiciary to check their integrity like the five days service selection boards for potential defence officers.
2. It must be mandatory for all judges to declare their assets and the assets of their immediate family members on taking over and then annually and these declarations must be made public. Any assets not declared can be reported by public and must be confestigated immediately and the concerned judge must be suspended immediately and tried for false declaration.
3. The cases of judges enjoying any privilege from any organisation should be permitted to be reported through media and if proven, the concerned judge must be punished severely.
4. The allotment of bench in all cases must be done by computerised programme with no human intervention. Presently, organisations or affluential persons with abundance of resources manage a favourable or influencable bench and deny justice.
5. It must be mandatory even for supreme court to record their reasons to reject or support each of the points raised by the petitioner and respondents. Every one needs to be accountable including the supreme court judges.
6. The verdicts of the courts also must be open for scrutiny by public through media.
7. Last but not the least, there are instances of organisations passing illegal orders and then giving incentives to one of the effected to fight a dummy case upto supreme court and to loose it in favour of the organisation by not contesting their lies. In this manner the organisation gets a stamp of approval from Supreme court on their illegal order and the doors of justice are closed forever. There is a case where an organisation has deprived hundreds of its employees of justice. Now all lawyers except that in justice has been done but must be gulped since supreme court has already given a verdict. It like Draupadi disrobing, where all knew that a wrong is being done but system does exist to stop it.
There must be special provisions to take up the lies produced before the courts even in closed cases on fast track and if proved the case must be heard again and the respondent/petitioner who had lied must be penalised for contempt of court. more
1. There must be extensive phycological tests of candidates being selected for judiciary to check their integrity like the five days service selection boards for potential defence officers.
2. It must be mandatory for all judges to declare their assets and the assets of their immediate family members on taking over and then annually and these declarations must be made public. Any assets not declared can be reported by public and must be confestigated immediately and the concerned judge must be suspended immediately and tried for false declaration.
3. The cases of judges enjoying any privilege from any organisation should be permitted to be reported through media and if proven, the concerned judge must be punished severely.
4. The allotment of bench in all cases must be done by computerised programme with no human intervention. Presently, organisations or affluential persons with abundance of resources manage a favourable or influencable bench and deny justice.
5. It must be mandatory even for supreme court to record their reasons to reject or support each of the points raised by the petitioner and respondents. Every one needs to be accountable including the supreme court judges.
6. The verdicts of the courts also must be open for scrutiny by public through media.
7. Last but not the least, there are instances of organisations passing illegal orders and then giving incentives to one of the effected to fight a dummy case upto supreme court and to loose it in favour of the organisation by not contesting their lies. In this manner the organisation gets a stamp of approval from Supreme court on their illegal order and the doors of justice are closed forever. There is a case where an organisation has deprived hundreds of its employees of justice. Now all lawyers except that in justice has been done but must be gulped since supreme court has already given a verdict. It like Draupadi disrobing, where all knew that a wrong is being done but system does exist to stop it.
There must be special provisions to take up the lies produced before the courts even in closed cases on fast track and if proved the case must be heard again and the respondent/petitioner who had lied must be penalised for contempt of court. more
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No matter how much we talk, Unless we have the justice system online, nothing can happen. The prevention of corruption can happen with online grievance redressal. This is where both transparency & confidentiality can be taken care of. India is an overpopulated country. Manual systems do not work any more with such large population. One needs multiple channels of systems. With cross checks & balances in place. Manually going to the court & submitting applications only through the lawyers may not work any more. This activity should be done online.. more
Jan 29
This is One side of the Coin, the Other side is also equally Important so to say that it is because of this system we are here to enjoy our freedom. There are several verdicts touching our day to day life, liberty and freedom which was delivered BOLDLY by the same Judiciary. No doubt there are Black sheep in every system so also in Judiciary, But it does not mean that the entire system is black. Judiciary is only ray of HOPE in the present social system of Democracy, else it will be next to imagination. Just imagine any alternate you are having presently which is more clear and clean than Judiciary - even at present pattern. Selection of District Judges level by Competitive Exam is under consideration so also the appointment of HC & SC by more transparent method. The improvements though bit slow - is taking place. Incidents like the past few days are certainly helpful to improve the System. One should appreciate the same, as there is NO ALTER-NET. more
Jan 29
I agree with Ashok fully. I have suffered for more than 7 years, incurred an expense of about Rs. 4 lacs. Yet the result is not there. Whether in my favour or not, I have to suffer by attending to the matter and come back disappointed because of adjournments. more
Feb 07
And judiciary has to be 100 % clean. That must be the motive. Cant be happy with lesser than that. EVERYBODY DESEREVES FAIR JUSTICE. it's more important than good roads, better telecom facilities and even toilets. more
Jan 29
I agree. But what's the use of such discussions. judges will remain UNTOUCHABLE,MY LORDS, ADMANT & corrupt. Saying so is too is contempt of court. We citizens are kept in British era. In many cases corrupt judges literally sell justice. YES Justice is saleable. Uncapable promotions creat this miracle. We must raise our voice. more
Jan 27
Indecision is another sort of corruption.
A heir filed a criminal police case against me. A warrant was issued. I took up the matter with the DCP and obtained a letter from the Police that this was a civil matter.
But no action was taken against the complainant for filing a false criminal complaint.
The heir then went to court on the same complaint. The heir did not pursue his case but the judge did not question him why he did not attend the case. The judge ordered penalty for the first time. On the second occasion, the judge ordered another another penalty which the heir did not pay because he did not attend the case. Finally the judge dismissed the case for want of prosecution.
But no action was taken by the judge for contempt proceedings for making allegations nor appearing to substantiate his claim.
In both cases, justice was not done to the citizen against whom the complaint was filed. He was made to incur heavy lawyers fee and conveyance expenses.
The society was the root cause of this dispute. It fabricated the case in 2010 and remains to be resolved even today. The society has shown the same indifference of producing evidence but based it on arbitrary arguments not evidence to cover up its deficiencies.
So I can say with confidence that the indecision of the police, the court and the society has cost me a heavy expense apart from damaging my reputation.
Does this not amount to corruption and harassment of sorts, especially when a SENIOR CITIZEN is the falsely accused? more
A heir filed a criminal police case against me. A warrant was issued. I took up the matter with the DCP and obtained a letter from the Police that this was a civil matter.
But no action was taken against the complainant for filing a false criminal complaint.
The heir then went to court on the same complaint. The heir did not pursue his case but the judge did not question him why he did not attend the case. The judge ordered penalty for the first time. On the second occasion, the judge ordered another another penalty which the heir did not pay because he did not attend the case. Finally the judge dismissed the case for want of prosecution.
But no action was taken by the judge for contempt proceedings for making allegations nor appearing to substantiate his claim.
In both cases, justice was not done to the citizen against whom the complaint was filed. He was made to incur heavy lawyers fee and conveyance expenses.
The society was the root cause of this dispute. It fabricated the case in 2010 and remains to be resolved even today. The society has shown the same indifference of producing evidence but based it on arbitrary arguments not evidence to cover up its deficiencies.
So I can say with confidence that the indecision of the police, the court and the society has cost me a heavy expense apart from damaging my reputation.
Does this not amount to corruption and harassment of sorts, especially when a SENIOR CITIZEN is the falsely accused? more
Jan 27
Yes we must raise your voice and unitedly let them know that the system needs a change to.ensure fair justice for all. more
Jan 27
Our localcircles Managing Team is requested to Post the Whitepapers Concluded on the Top Important Issues of 2015, 16 and, 17 ONCE NOW PLEASE. This will befit those new members with full knowledge of the conclusions in this localcircles.com pl. more
Jan 23
