Friday 25 October 2013

Is Indian Supreme Court Naive ??

It is naivety of Indian Judiciary who has failed to  put a lid on political hate speeches.
Indian courts always restrain from passing strict order against so called political class. In the 21st century court is still pondering about how to deal with hate speeches (The Hindu). I think there is no need to ponder, How to deal & stop hate political speeches, The solution lies in the British High Court Judgement Citation Number: [2010] EWHC 3169:

Woolas -v- The Parliamentary Election Court and others High Court (Queen's Bench Division) Administrative Court Neutral Citation Number: [2010] EWHC 3169 (Admin)

Case No: CO/11578/2010

http://www.bbc.co.uk/news/uk-politics-11701978

http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/judgment-woolas-031210.pdf

http://www.bailii.org/ew/cases/EWHC/Admin/2010/3169.html

Saturday 12 January 2013

Tardy Indian Judicial System and Idea to overhaul it

If you have not ever been personally in any magisterial or sessions court,  you can not understand and realize the scale of harassment meted on the ordinary citizens by the stake holders of tardy judicial system. The people who go through it know the real scale of the problem, it is the grinding mill of tardy Judicial system and on every date litigants end up in wasting whole day in the court corridors, finally when the case is called for, the judge or his presiding officer adjourns the matter without even looking at you. This tardy judicial system is oppression by the state.   Why it is in such a mess? Judges have vested with Unlimited Power without any Accountability, that is why whole Judicial system is in mess.  Can few fast track courts overhaul it with out fixing the responsibility of stake holders ?  No.  Do the people have faith in this tardy judicial system (system of oppression ) ?No, People have already lost faith on tardy Indian judicial system, everyone know how court/police system work in India, If you approach a friendly advocate outside his chamber he will give you practical advise.. i.e. settle the case outside the court, whether it is by means of compromise or through other means such as k*ll opponent through extra judicial means or through private means.   Why tardy judicial system encourages settlement even in the cases of serious crime ?It help the lower judiciary to gain point for amicable settlement which help in their promotion.  How to fix the tardy system ?  1) Make sure power must not come without responsibility and accountability. 2) Fix the RESPONSIBILITY OF JUDGES/STAKE HOLDERS, The system must ensure that whoever fails to meet the responsibility must GO.3) Make sure every legislation is crystal clear and without any ambiguity so that Judges can not drive power from lacuna.4) Minimise the Judicial discretion, because it is open for misuse in the hands of a judicial officer.