pannecca of injustice
The recent Budget by our Finance Minister may make him shine in the Hall of Economists, but certainly not from the jurists and common man, as it does address confronting problem of the Indian Society, all the law ministers of the Congress Governments are comfortable and convenient in ignoring fundamental weakness in the Indian Society i.e. weak and inefficient Law and Justice dispensation. The need for the proper dispensation justice and Budget estimate of the Union Government may appear to sound as two different Government functions, but main aim of sustained higher Gross Domestic income and just and equitable ratio of income among the working class inter se is very much important to preserve the integrity, otherwise it would be the clear case of urban jungle. The Achievement of the double digit GDP can be reached, only when the smallest unit of the economy is allowed to have fair play in terms of fair treatment by the rest of the society i,e every citizen of this country must be assured of the fair treatment and protection by the rest of the country through the means of law the clear and unambiguous laws and uniformity in the enforcement of law are the essential tools for this end, The Law must be written so that merely because of the gender or fact of parentage no body can invoke any provision of law in derogation of life, liberty and property rights of individuals.
Individual level transaction in this country, is now carried purely on the basis of the expectation that the other party will be willing and able to honour the contract without fail, If unfortunately other party to contract who having taken the benefit of the contract fails, many times the party, who performed his part, is required to just ignore his expectation from his contracting party there and then ,leave the matter once for all , this theory has crystallized into a conventional wisdom in this country.
Assuming for a moment the courts in this country render speedy judgment without much cost in terms of the court fees, the judgment holder faces onerous task of executing a civil Court Decree.
Lower Courts in this country are saddled often with the task of interpreting the Law which is not at all desirable in view of the peculiar circumstance that the appellate court is very lenient in admission of the appeals in the past decades. The matter will be hang fire for decades. Thus intention of the Legislature is subverted, further this aspect paves way for the corruption, the rich people, try to take advantage of long running legal battle , only with an intention to suppress the weaker litigant, who could not prefer to reverse the wrong interpretation of the law by preferring the appeal and conducting the appeal after the period of 10 years or so., the impact of indiscipline legal system is much more than what it seems to be. The lower the pecuniary jurisdiction of the Court more clear must be the procedural law to be followed. Further invariably all the court whether civil or criminal shall have jurisdiction to remedial powers to prevent the abuse of law. It is because in most cases the economically and socially weaker section of the people will be the litigants in those courts.
The indiscipline in the enforcement of the personal law have great adverse effect on the life worthiness of the citizens who are in the age group of earning income , including those engaged in earning foreign currency , especially those in service sector which contributes to more than 60 % per cent of the GDP, further threat of Dowry prohibition cases and False Maintenance claims in Divorces matters are, in conjunction with higher instance of the corruption in the subordinate judiciary and public prosecution clearly, tilt life of many innocent citizens, the much reforms are required in the procedural requirements, greater proof at the stage of admission or other built- in check shall be installed to prevent abuse of this benevolent provisions by vexatious parties ,
The laws must clearly lay down the intended beneficiary by a definition which excludes cases those persons who just because of their gender irrespective of their bad and immoral conduct, or their disrespect for the family values in their life,
Two more important changes are required in the trial procedure of the Criminal courts , the court in criminal cases entirely puts burden on the prosecution to set the criminal law in motion , thus presence of the accused must be legally exempted in this cases till such time their examined under Section 313 of the Criminal Procedure Code, similarly, irrespective of the place of trial, the examination of defense witness should be taken at the court where the clearly witness was living and their the date and time of examination should be intimated well in advance, the court should be equipped to work round the clock, witness examinations in the court should be video graphed,
the witness box presently gives room for so many unwarranted manipulations, thus opaque class room must be provided each places of examination , where in the outsiders can see the witness but the witness could not see and heard the unwarranted sound from the outsiders except with permission of the court,
The present set up of family court shall be extended to all the districts, more liberal grounds of divorce such as those cases criminal convictions an so on be included, the period of desertion required shall be reduced to 45 days, instances of blackmail by any of the spouse to misuse law , muscle , money power, should be viewed seriously. I personally know there are cases where the persons working influential post are honest but their spouses ( male or female) they actually spoil their mind, thus Matrimonial law should be so drafted if any body, whose ideology or faith is sought to be diluted by her or his spouse , there must be decent mechanism to have clear exit from those bad elements.
As for the budgeting is concerned the present hierarchy of the subordinate Court is totally absurd, there is no concerted effort to fill in the lacquna which has been exposed for the past century, for example the defendants wantonly becoming ex parte in the Civil cases and then filing the petition to get the ex parte orders set aside thus protracting the cases. There is no forensic research and binding treaties providing class of civil action which can be maintained , Hence a separate data base for scope of Section 9 of the Civil Procedure Code shall be maintained any deviant judge should be removed from the service immediately. The soft copy of the case record should me made accessible to counsel for both side and High Court, it can suo motto review the case papers and arrest excess exercise of jurisdiction by any judicial authority.
I expected our honour finance minister to allocate money carrying for the improvement of the working of the judiciary which is a also part of infrastructure, the money present allotted are the trickle which could not bring out any visible change, the Minister should have allotted more money for providing lap top for every judicial Officer and Police officers , the minister should also have allotted money for establishment of the Online filing in all the courts, if possible provide for the establishment of the virtual private net work of law enforcement authorities,
There must be a law regarding establishment of National Judicial Registry i.e national data base for the litigations, this data base must be accessible at all places, the bill of complaint i,e plaint and reply by the defendants in all cases shall be reduced to prescribed forms without court fees or fixed court fees.
A separate personal law board manned by Supreme Court judges with necessary equipments should be established to pronounce the binding authority on the interpretation any statutes.
A separate authority manned by advocates or the present judicial officers who could not be accommodated in the new setup, should be set up the enforcement of Money decree and decree for enforcement of property rights, with ample power to penalize those who violate the terms of the verdict.
The advocates Act must be suitably amended to have the following acts are done by the advocate :-
1. All advocates must possess e mail id, infrared enabled phones for the smooth transmission of the copy of the case records from the court equipment to the advocate concerned .
2. The Court web site must be updated daily providing amount of progress in each case.
3. The calling work in the civil court should be abolished forth, once the plaint is filed, the case shall not be called for the next 3 weeks in open court and thereafter the case should be posted to 90th day from the date of posting.
4. If there is any interloquctory applications it must be decided with 15 days from the date of filing, the personal hearing in the matter of interlocqutory applications should be dispensed, the advocates must be permitted to submit audio file of their arguments query if any may should be attended via instant messenger service in the internet.
Individual level transaction in this country, is now carried purely on the basis of the expectation that the other party will be willing and able to honour the contract without fail, If unfortunately other party to contract who having taken the benefit of the contract fails, many times the party, who performed his part, is required to just ignore his expectation from his contracting party there and then ,leave the matter once for all , this theory has crystallized into a conventional wisdom in this country.
Assuming for a moment the courts in this country render speedy judgment without much cost in terms of the court fees, the judgment holder faces onerous task of executing a civil Court Decree.
Lower Courts in this country are saddled often with the task of interpreting the Law which is not at all desirable in view of the peculiar circumstance that the appellate court is very lenient in admission of the appeals in the past decades. The matter will be hang fire for decades. Thus intention of the Legislature is subverted, further this aspect paves way for the corruption, the rich people, try to take advantage of long running legal battle , only with an intention to suppress the weaker litigant, who could not prefer to reverse the wrong interpretation of the law by preferring the appeal and conducting the appeal after the period of 10 years or so., the impact of indiscipline legal system is much more than what it seems to be. The lower the pecuniary jurisdiction of the Court more clear must be the procedural law to be followed. Further invariably all the court whether civil or criminal shall have jurisdiction to remedial powers to prevent the abuse of law. It is because in most cases the economically and socially weaker section of the people will be the litigants in those courts.
The indiscipline in the enforcement of the personal law have great adverse effect on the life worthiness of the citizens who are in the age group of earning income , including those engaged in earning foreign currency , especially those in service sector which contributes to more than 60 % per cent of the GDP, further threat of Dowry prohibition cases and False Maintenance claims in Divorces matters are, in conjunction with higher instance of the corruption in the subordinate judiciary and public prosecution clearly, tilt life of many innocent citizens, the much reforms are required in the procedural requirements, greater proof at the stage of admission or other built- in check shall be installed to prevent abuse of this benevolent provisions by vexatious parties ,
The laws must clearly lay down the intended beneficiary by a definition which excludes cases those persons who just because of their gender irrespective of their bad and immoral conduct, or their disrespect for the family values in their life,
Two more important changes are required in the trial procedure of the Criminal courts , the court in criminal cases entirely puts burden on the prosecution to set the criminal law in motion , thus presence of the accused must be legally exempted in this cases till such time their examined under Section 313 of the Criminal Procedure Code, similarly, irrespective of the place of trial, the examination of defense witness should be taken at the court where the clearly witness was living and their the date and time of examination should be intimated well in advance, the court should be equipped to work round the clock, witness examinations in the court should be video graphed,
the witness box presently gives room for so many unwarranted manipulations, thus opaque class room must be provided each places of examination , where in the outsiders can see the witness but the witness could not see and heard the unwarranted sound from the outsiders except with permission of the court,
The present set up of family court shall be extended to all the districts, more liberal grounds of divorce such as those cases criminal convictions an so on be included, the period of desertion required shall be reduced to 45 days, instances of blackmail by any of the spouse to misuse law , muscle , money power, should be viewed seriously. I personally know there are cases where the persons working influential post are honest but their spouses ( male or female) they actually spoil their mind, thus Matrimonial law should be so drafted if any body, whose ideology or faith is sought to be diluted by her or his spouse , there must be decent mechanism to have clear exit from those bad elements.
As for the budgeting is concerned the present hierarchy of the subordinate Court is totally absurd, there is no concerted effort to fill in the lacquna which has been exposed for the past century, for example the defendants wantonly becoming ex parte in the Civil cases and then filing the petition to get the ex parte orders set aside thus protracting the cases. There is no forensic research and binding treaties providing class of civil action which can be maintained , Hence a separate data base for scope of Section 9 of the Civil Procedure Code shall be maintained any deviant judge should be removed from the service immediately. The soft copy of the case record should me made accessible to counsel for both side and High Court, it can suo motto review the case papers and arrest excess exercise of jurisdiction by any judicial authority.
I expected our honour finance minister to allocate money carrying for the improvement of the working of the judiciary which is a also part of infrastructure, the money present allotted are the trickle which could not bring out any visible change, the Minister should have allotted more money for providing lap top for every judicial Officer and Police officers , the minister should also have allotted money for establishment of the Online filing in all the courts, if possible provide for the establishment of the virtual private net work of law enforcement authorities,
There must be a law regarding establishment of National Judicial Registry i.e national data base for the litigations, this data base must be accessible at all places, the bill of complaint i,e plaint and reply by the defendants in all cases shall be reduced to prescribed forms without court fees or fixed court fees.
A separate personal law board manned by Supreme Court judges with necessary equipments should be established to pronounce the binding authority on the interpretation any statutes.
A separate authority manned by advocates or the present judicial officers who could not be accommodated in the new setup, should be set up the enforcement of Money decree and decree for enforcement of property rights, with ample power to penalize those who violate the terms of the verdict.
The advocates Act must be suitably amended to have the following acts are done by the advocate :-
1. All advocates must possess e mail id, infrared enabled phones for the smooth transmission of the copy of the case records from the court equipment to the advocate concerned .
2. The Court web site must be updated daily providing amount of progress in each case.
3. The calling work in the civil court should be abolished forth, once the plaint is filed, the case shall not be called for the next 3 weeks in open court and thereafter the case should be posted to 90th day from the date of posting.
4. If there is any interloquctory applications it must be decided with 15 days from the date of filing, the personal hearing in the matter of interlocqutory applications should be dispensed, the advocates must be permitted to submit audio file of their arguments query if any may should be attended via instant messenger service in the internet.
posted by jayavel @ 5:28 PM
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