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Tuesday, February 24, 2015

[The Big Picture]Jayalalithaa Conviction: How to hasten justice?

Summary:
  • The conviction of the Chief Minister of Tamil Nadu, after the case was made to drag on for 18 years, has brought to fore once again the laxity in the justice delivery system.
  • The influential and wealthy dragging the case at the cost of justice has much been discussed.
  • There are similar other cases which are dragging on in different Indian courts with similarly alarming regularity.
  • Following a recent order of the Supreme Court that the cases against elected representatives should be completed in one year, the government is drawing a plan to hasten up the justice delivery.
  • Can these proposed changes to both-the role of court and the role of police-be effective?
  • The main reason for delay in cases is frequent adjournments. Another reason is transferring of cases from one state to another.
  • There are many other factors which contribute in delaying the cases- like less number of judges, lack of infrastructure, lack of effective policies etc.
  • It is said that our criminal justice system is on the rocks today.
  • In every case, the general tendency of the accused is to seek as many adjournments as possible.
  • The prevention of corruption act contemplates day to day trial but then that doesn’t take place as a matter of rule. Therefore the whole system requires overhauling.
  • In our judiciary system, the accused is presumed to be innocent till he is convicted.
  • Rule of law postulates that punishment follows trial and not the other way.
  • Making someone accountable without giving them the freedom and autonomy to function can become disastrous.
  • Police reforms are also needed to make our criminal judiciary system more efficient.
Source: RajyaSabha TV

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