Long Delay In Delivery Of Justice, Violates Rule Of Law

SC: LONG DELAY IN DELIVERY OF JUSTICE, VIOLATES RULE OF LAW

Unduly long delay in delivery of justice has the effect of bringing about blatant violation of the rule of law and adverse impact on the common mans access to justice. A persons access to justice is guaranteed fundamental right under the Constitution and particularly under Art. 21. Denial of this right undermines public confidence in the justice delivery system and incentives people to look for short-cuts and other fora where they feel that justice will be done quicker. In the long run, this also weakens the justice delivery system and poses a threat to Rule of Law. Access to justice must not be understood in a purely quantitative dimension. Access to justice in an egalitarian democracy must be understood to mean qualitative access to justice as well. Access to justice is, therefore, much more than improving an individuals access to Courts, or guaranteeing representation. It must be defined in terms of ensuring that legal and judicial outcomes are just and inequitable.

From the private correspondent, In case of Vikas Yadav (son of DP Yadav, Vishal Yadav, and Sukdev Palwan, it took our Judiciary four years before their appeal was heard at the high court. If all of them are found not guilty who would return the priceless time they have lost inside this poor judiciary. If you are being asked to stay in Prison for just one day, you will run so far away pondering about the situations inside. So why is it not achievable to speed up the Judicial process and take into consideration these individuals also have families and life within this society. Take one case at a time, complete the process, and move forward to the next case.

In addition to the convicted in the Nitish Katara murder case, there are 1000s and 1000s of prisoners in numerous jails in India who have been languishing in jail as an under-trial over and above the term of demanded sentence defending their case. How does the system plan to compensate these inmates for the lackadaisical approach of our judicial system. It is necessary India have some right to protect these people who have been punished mainly because of the mistake of law enforcement officials identification process or if the prisoners get acquitted they should be compensated for the loss of time from their lives remaining in Jail. Prisoners are so scared to go to any department to file a case of compensation in fear a counter case may be put on them while pointing the blunder of a police division. One should have a lot of money to retain a good lawyer and a few body guards while going against the corrupt system. Suggested option is to forget and pardon the time shed and move on with ones life, understanding the speed in which issues crawl within the Indian Judiciary, it would take another 100 years to get the desired settlement for ones loss.

What better illustration of people who have been residing outside Jail but living a life as a individual living inside jail. On the fateful night time intervening 2nd/3rd December, 1984 there was huge leak of Methyl Isocyanate Gas from the storage space of Union Carbide Corporation Plant situated in the city of Bhopal, which lead into loss of life of approx. 5600 men and women and more than approx. six lac people have dealt with injuries, trauma and numerous health disorders. Minimal compensation was paid after 25 years, many families members have died, may dislocated, many forgotten. Now the dilemma was as to how the compensation be paid to the actual victims of Bhopal Gas Leak Disaster? The Honble Supreme Court in its Order dated 16th October, 1992 has specifically directed that this amount shall be utilized only for the satisfaction of the claims of the victims towards compensation determined according to law.

This is the condition of the poor people who dont have a say in our society, neither proper guidelines or proper Justice. Where is one supposed to turn?

Reference : SC. Imtiyaz Ahmad v. State of Uttar Pradesh & Ors., criminal appeal nos. 254-262 of 2012 [arising out S.L.P. (Cri.) Nos. 1581-1598 of 2009].

by: ADONSEO

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