Sunday, 5 April 2015

Indian Judiciary is beyond redemption


The present Chief Justice of India, Justice Dattu, said recently that cases in the Supreme Court would ordinarily be disposed off in 2 years, and criminal trials in 5 years. Almost every CJI makes similar tall claims. The previous CJI made the nonsensical remark that Judges will work 365 days in a year.

There are 33 million cases pending in the law courts of India, and  by one estimate if no new case is instituted it will take 360 years to clear the arrears. While many people talk of clearing the arrears, no one is really serious about it. Arrears,including arrears in the Supreme Court, have kept mounting.

When I was in the Supreme Court I heard a case in 2007 which had been instituted in 1947, that is after 60 years of its institution, and another case 50 years after its institution.
The decision in Rajendra Singh (Dead) thru. Lrs. & Ors. Vs. Prem Mai, which was decided by a Bench of the Supreme Court, of which I was a member, was a case which took 50 years to decide finally, since it was initiated in 1957 in the trial court, and was finally decided on appeal in 2007 by the Supreme Court.

This decision observed :
“ We may quote a passage from the novel 'Bleak House' written in Charles Dickens' inimitable style :-
Jarndyce vs.Jarndyce drones on. This scarecrow of a suit has, in course of time, become so complicated, that no man alive knows what it means. The parties to it understand it least; but it has been observed that no two Chancery lawyers can talk about it for five minutes, without coming to a total disagreement as to all the premises.

Innumerable children have been born into the cause; innumerable young people have married into it; innumerable old people have died out of it. Scores of persons have deliriously found themselves made parties in Jarndyce vs. Jarndyce, without knowing how or why; whole families have inherited legendry hatreds with the suit. The little plaintiff or defendant, who was promised a new rocking-horse when Jarndyce vs. Jarndyce should be settled, has grown up, possessed himself of a real horse, and trotted away into the other world. Fair wards of court have faded into mothers and grandmothers; a long procession of Chancellors has come in and gone out; the legion of bills in the suit have been transformed into mere bills of mortality.

There are not three Jarndyces left upon the earth perhaps, since old Tom Jarndyce in despair blew his brains out at a coffee house in Chancery Lane; but Jarndyce vs. Jarndyce still drags its dreary length before the court, perennially hopeless.

Is this not descriptive of the situation prevailing in India today? "

 In Allahabad High Court ( my parent High Court ), criminal appeals filed 30 years ago are coming up for hearing today. The lawyer who filed it is usually dead, and the accused in the criminal case is also often dead or untraceable. I am informed that in the Bombay High Court original suits have been pending for 25 years or more. The situation is like that in the case Jarndyce vs. Jarndyce  depicted at the beginning of Charles Dickens' novel ' Bleak House '.

 I doubt whether the lawyer community seriously wants any reform, and as for Supreme Court Judges they mostly have a term of only a few years to seriously attempt it ( despite the talk of almost every CJI ).

 Let me tell the Indian public the truth. The Indian judiciary, like other state institutions in India, is beyond redemption. I was in the system for 40 years, 20 years as a lawyer, and 20 years as a Judge,  ( including Chief Justice of 3 High Courts, Acting Chief Justice of Allahabad High Court, and permanent Chief Justice of Madras and Delhi High Courts, and finally Judge of the Supreme Court ). So I should know what i am talking about.\

 Dattu is talking through his hat.

11 comments:

  1. This comment has been removed by the author.

    ReplyDelete
    Replies
    1. Respected & Hon'ble Justice Katju has first time drawn the real and actual picture of justice mechanism in India being a Justice/ former Justice of the Apex Court.
      I don't know the technicality of the Judicial function and the terminologies. But couple of basic things which I observed iñ the Indian Judiciary. Please see my suggestions being a citizen of the country below:-
      1. Lower Judiciary specially the CJM' s & ACJM's courts all over the India need to be carefull and sensitive. Fake, fabricated cases with maladies intention needs to be identified.
      2. Special and intensive trainings for the lower Judiciary from time to time should be organised.
      3. Quality of the Judgement should be the first priority.
      4. Former Justices/ Judges should be assigned for the hearing and trials of the pending cases/mediation process.
      5. Professionals from the corporates should be selected for the clerical work.
      6. Motivate the new generation to opt for law profession as the new generation is undoubtedly very smart.
      7. New lawyers should be encouraged further.
      8. Only English language even for the lower Judiciary should be made mandatory.
      9. Behaviour, actions of the Magistrates should be tracked and monitored.
      10. Famous social activists should be assigned for the hearing and disposal of the pending civil cases.
      Last but not the least, igo and attitude should be in the Judgements/ orders, Court proceedinds and not in the personal behavior of the people from Judiciary.
      Jai Hind!

      Delete
    2. Arey yaar itna kuch karney se accha country chor ke na cchaley jaien? I mean, is it not better to leave this country instead of doing so much impossible things?

      Delete
    3. Good suggestion!
      But a quiter never wins a winner never quotes.
      Any ways, I will think about this idea.
      Thanks,

      Delete
  2. http://timesofindia.indiatimes.com/india/Dont-fear-5-star-activists-be-fearless-in-giving-judgments-PM-tells-judges/articleshow/46817635.cms

    WE THE PEOPLE OF INDIA WILL NOT ALLOW THE SUPREME COURT JUDGES TO RULE INDIA .

    WE DO NOT WANT THE CHIEF JUSTICE OF INDIA TO SAVE BHARATMATA . remember supreme court had told the govt to interlink indian rivers with a dead line - to kill bharatmata ?

    WHO IS A JUDGE ?.

    AN UNSUCCESSFUL LAWYER WHO WENT FOR POWER . . .

    THE WAGES OF A JUDGE MUST BE INCREASED 4 FOLD- TO ATTRACT MORE JUDGES AND DISPOSE OFF CASES PENDING FOR 30 YEARS . . .

    ALSO THIS NONSENSE OF - MIL BHANTKE KHAATA HOON- MUST STOP.

    WHY SHOULD AN ACCUSED/ OR HIS LAWYER PRESENT HIMSELF IN COURT EVERY 4 MONTHS -- JUST TO GET THE DATE FOR THE NEXT HEARING. . .

    THIS - EVERY 4 MONTHS - ATTENDANCE IS VERY EXPENSIVE FOR THE ACCUSED WHEN HE HAS TO TRAVEL FROM ONE END OF THE COUNTRY TO THE OTHER. . .

    IF HIS LAWYER ( A STANDARD ONE ) OBTAINS - PERSONAL EXEMPTION FROM ATTENDANCE- FOR HIS CLIENT WHO STAYS FAR AWAY , AS IS USUALLY THE CASE - HE MILKS 10,000 RUPEES ON AN AVERAGE EVERY 4 MONTHS.--JUST TO GET THE NEXT DATE 4 MONTHS IN FUTURE . . .

    THE JUDGES KNOW WHAT IS HAPPENING , RIGHT ?

    ARE THESE THE SAVIORS OF INDIA?

    THESE JUDGES EVEN KNOW HOW MUCH EACH CLERK MILKS IN COURT , RIGHT? CLERKS ARE PAID MY LAWYERS TO MAKE THEIR OWN LIFE EASY . .

    WHY DOES A JUDGE PRETEND TO SLEEP AND EXPECT OTHERS TO WAKE THEM UP ?

    PEOPLE HAVE LOST FAITH IN JUDICIARY-- THEY GO TO KHAPS FOR INSTANT/ FAIR/ CHEAP JUSTICE.

    ONCE A CAUSE GOES TO A JUDICIAL JUDGE ONLY ONE THING IS CERTAIN-- IT IS COSTLY/ DELAYED/ UNFAIR .

    THE JUDGE KNOWS THAT A BRIBED WITNESS CAN WRANGLE ANY CASE-- IT IS SO APPARENT.

    THIS IS THE WAY THE WHITE INVADER WANTED -- THE WHITE INVADER ALWAYS WON THE JUDICIAL CASE .

    punch into Google search-
    . . . .INTERLINKING RIVERS OF INDIA VADAKAYIL . . . .

    JUSTICE BANNERJEE HAD RULED THAT THE KARSEVAK WOMEN PUT THE GODHRA RAILWAY COACH ON FIRE BY COOKING -- WHEN 4000 WITNESS SAW WHAT HAPPENED . .

    capt ajit vadakayil
    ..

    ReplyDelete
  3. http://timesofindia.indiatimes.com/india/Dont-fear-5-star-activists-be-fearless-in-giving-judgments-PM-tells-judges/articleshow/46817635.cms

    WE THE PEOPLE OF INDIA WILL NOT ALLOW THE SUPREME COURT JUDGES TO RULE INDIA .

    WE DO NOT WANT THE CHIEF JUSTICE OF INDIA TO SAVE BHARATMATA . remember supreme court had told the govt to interlink indian rivers with a dead line - to kill bharatmata ?

    WHO IS A JUDGE ?.

    AN UNSUCCESSFUL LAWYER WHO WENT FOR POWER . . .

    THE WAGES OF A JUDGE MUST BE INCREASED 4 FOLD- TO ATTRACT MORE JUDGES AND DISPOSE OFF CASES PENDING FOR 30 YEARS . . .

    ALSO THIS NONSENSE OF - MIL BHANTKE KHAATA HOON- MUST STOP.

    WHY SHOULD AN ACCUSED/ OR HIS LAWYER PRESENT HIMSELF IN COURT EVERY 4 MONTHS -- JUST TO GET THE DATE FOR THE NEXT HEARING. . .

    THIS - EVERY 4 MONTHS - ATTENDANCE IS VERY EXPENSIVE FOR THE ACCUSED WHEN HE HAS TO TRAVEL FROM ONE END OF THE COUNTRY TO THE OTHER. . .

    IF HIS LAWYER ( A STANDARD ONE ) OBTAINS - PERSONAL EXEMPTION FROM ATTENDANCE- FOR HIS CLIENT WHO STAYS FAR AWAY , AS IS USUALLY THE CASE - HE MILKS 10,000 RUPEES ON AN AVERAGE EVERY 4 MONTHS.--JUST TO GET THE NEXT DATE 4 MONTHS IN FUTURE . . .

    THE JUDGES KNOW WHAT IS HAPPENING , RIGHT ?

    ARE THESE THE SAVIORS OF INDIA?

    THESE JUDGES EVEN KNOW HOW MUCH EACH CLERK MILKS IN COURT , RIGHT? CLERKS ARE PAID MY LAWYERS TO MAKE THEIR OWN LIFE EASY . .

    WHY DOES A JUDGE PRETEND TO SLEEP AND EXPECT OTHERS TO WAKE THEM UP ?

    PEOPLE HAVE LOST FAITH IN JUDICIARY-- THEY GO TO KHAPS FOR INSTANT/ FAIR/ CHEAP JUSTICE.

    ONCE A CAUSE GOES TO A JUDICIAL JUDGE ONLY ONE THING IS CERTAIN-- IT IS COSTLY/ DELAYED/ UNFAIR .

    THE JUDGE KNOWS THAT A BRIBED WITNESS CAN WRANGLE ANY CASE-- IT IS SO APPARENT.

    THIS IS THE WAY THE WHITE INVADER WANTED -- THE WHITE INVADER ALWAYS WON THE JUDICIAL CASE .

    punch into Google search-
    . . . .INTERLINKING RIVERS OF INDIA VADAKAYIL . . . .

    JUSTICE BANNERJEE HAD RULED THAT THE KARSEVAK WOMEN PUT THE GODHRA RAILWAY COACH ON FIRE BY COOKING -- WHEN 4000 WITNESS SAW WHAT HAPPENED . .

    capt ajit vadakayil
    ..

    ReplyDelete
    Replies
    1. Hi Captain,
      I would request you to use the professional words in your comments. I would also suggest you not to use BOLD letters in your comments. It sounds very rude. Being a human I can understand your feelings. But be formal while writing.
      Thanks,

      Delete
  4. Being from the legal fraternity my only question to erudite Justice Katju is that should we lose all hopes or try to do something for the eradication of these problems. I have profound reverence for Justice Katju and infact i support most of his arguments but with all due respect i feel few of his comments are quite demotivating for youngsters like me. Every country in the world is facing some problem so do the India, instead of thinking that nothing will change we should do something at own our level. When we are sitting in a dark room instead of criticising the darkness we should try to light the candle. I sincerely appeal to Justice Katju while raising the contentious issue please provide the solution also. Jai Hind.

    ReplyDelete
  5. I have written in my blog (Please access my blog using the below), of my understanding of current justice deliery system in India, how one should get best out of it.

    http://gvhariprasad.blogspot.in/2015/04/civil-litigation-sharing-experiences.html

    ReplyDelete
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    ReplyDelete