WOH ONE SHOULD COMPREHEND THE WAY IN WHICH ORDERS WERE PASSED,except in cases involving the supposed bigwigs and influential politicians. TAKE FOR INSTANCE A CIVIL CASE ,TO READ OR RATHER PERUSE CAREFULLY A DOCUMENT OF TITLE AND THE ATTENDING BASIC DOCUMENTS ITSELF IT WILL TAKE SOME TIME. THEN THE OTHER DOCUMENTS ARE THERE, NAMELY THE PLAINT AND WRITTEN STATEMENT. THEN COMES THE EVIDENCE AND DEPOSITIONS. AFTER CAREFULLY PERUSING THESE ,ONE HAS TO WEIGHT THE PROS AND CONS TO ASCERTAIN AND APPLY THE ARGUMENTS OF THE PARTIES AND AFTER THIS DECIDE ON THE LAW APPLICABLE AND THERE AFTER PASS AN ORDER. BY WHATEVER STRETCH OF IMAGINATION ALL THIS CANNOT BE DONE IN SAY 25 MINUTES.
SO IN ORDER TO PLEASE DISORIENTED PERSONS ,WHO DO NOT EVEN KNOW WHAT IS LAW (PROCESS OF ACHIEVING RIGHTEOUSNESS) AND WHO FOR PUBLICITY SAKE AND POPULARITY LAMENTS THAT FAST DECISIONS SHOULD BE CHURNED OUT ,WITHOUT HAVING ADEQUATE NUMBER OF JUDICIAL OFFICERS , ELITE JUDICIAL OFFICERS ARE MADE TO CHURN OUT HALF BAKED ORDERS.
THINK OF IT IF CIVIL CASES ARE DECIDED LIKE THIS PEOPLE WILL LOSE THEIR VALUABLE PROPERTY RIGHTS. IN CRIMINAL CASES MORE CAREFULNESS IS NECESSARY . WHAT HAPPENS IN THE EVENT OF CRIMINAL CASES BEING DISPOSED IN A LACK LUSTER AND CARELESS WAY WITHOUT PERUSING THE EVIDENCE AND CASE RECORDS ,PEOPLES LIBERTIES AND FREEDOMS WILL BE ILLEGALLY INFRINGED. THIS IS WHAT WILL HAPPEN IN HURRYING JUSTICE
JUSTICE HURRIED COMRADES WILL RESULT IN JUSTICE BEING BURIED
THIS IS MORE SERIOUS THAN JUSTICE DELAYED. EVEN IF JUSTICE IS DELAYED A LITTLE ,ONE CAN BE SATIATED THAT AT LAST I HAVE GOT JUSTICE. JUSTICE IF BURIED WILL BE LOST FOREVER.
GOING BY THE HELPLESS LAMENTATION OF OUR BELOVED AND LEARNED HONOURABLE CHIEF JUSTICE OF INDIA ONE CAN DEFINITELY SAY THAT IF THIS BURIAL GOES ON ,PEOPLE WILL ORGANISE INTO GANGS AND TAKE TO SELF HELP. EVEN NOW THIS IS HAPPENING
SO BEFORE THIS HAPPENS SOMETHING SHOULD BE DONE TO PREVENT THIS IMPLOSION OF THE RULE OF LAW AND ATTENDING CHAOS. THE UNDER SAID ARTICLE ASSUMES SIGNIFICANCE FOR APPLICATION STRICTLY , FOR SAVING PEACE AND PROGRESS.NO WONDER THE TRANSPARENCY INTERNATIONAL SAYS IN ITS REPORT OF 2007 THAT 77% OF THE PEOPLE IN INDIA DO NOT TRUST THE JUDICIAL PROCESS.
THE JUDICIAL HIERARCHY SAYS THAT IF ACTION IS TAKEN AGAINST THE JUDICIAL OFFICERS ....IT WILL DEROGATE OR EFFECT THE TRUST OF THE PEOPLE IN THE JUDICIARY. HEARING THIS ONE WONDERS WHAT TRUST IS THERE ????????????????????????????????????????????
REESTABLISHING THE LOST TRUST CAN BE DONE ONLY BY TAKING STRONG ACTION AGAINST THE ERRING JUDGES. ANYONE PASSING ILLEGAL ORDERS DELIBERATELY HAS TO BE DISMISSED AND ANYONE IN THE JUDICIARY WHO PREACHES THAT LAW CANNOT BE FOLLOWED HAS TO BE SHOWN THE DOOR AND KICKED OUT. IN THE NAME OF PRACTICALITY ALL LAWS ARE GIVEN A GO BY UNSCRUPULOUS PERSONS WHO IS CONCERNED ONLY TO ESTABLISH THEIR WHIM AND FANCIES AND FURTHER THEIR INTERESTS.
THEORETICAL PERFECTION PRACTICALLY ACHIEVED IS THE BEST THAT EVER CAN BE ACHIEVED .ANYONE SIDELINING THE THEORIES WILL ONLY SOUND THE DEATH KNELL OF THE TRUST IN THE JUDICIARY.
THINK OF IT " WHAT IF THE THE THEORY OF GRAVITATIONAL LAW IS STOPPED FOR A MOMENT IN THE NAME OF PRACTICALITY.....LO THE ENTIRE WORLD WILL BE DESTROYED.
LAWS ARE ENACTED BY THE PEOPLES REPRESENTATIVES FOR THE GOOD OF THE PEOPLE AFTER GREAT DELIBERATIONS WHEN SOCIAL MALADIES SPRING UP . ANYONE WHO GOES AGAINST THESE LAWS ARE ANTI SOCIALS AND CRIMINALS. IN THE NAME OF PRACTICALITY BREAKING LAWS AND NOT FOLLOWING IT DESTROYS THE WHOLE SYSTEM OF LAW AND THE CONCEPTS OF EQUALITY BEFORE LAW AND EQUAL PROTECTION OF LAWS.
COMRADES
| THE UNDERMENTIONED FACTS NEED URGENT ATTENTION AND CONSISTENT ACTION TO SEE THAT HUMANS ARE TREATED AS HUMANS AND WE CAN ALL PROGRESS IN PEACE TOWARDS A SOCIETY BASED ON UNIFICATION OF HUMANS UNDER THE AGESIS OF GOD. | Human Rights depend mostly on the cardinal principle of equality beforelaw and equal protection of law. Now we are passing through and in the era of The rule of law. It is said that the progress of the humanity isfrom the Rule of jungle to the Rule of law and ultimately to the rule oflove. As A person in the era of the Rule of jungle could not comprehend how a society based on the rule of law will run . Nowwe in the era of the rule of law will not be able to comprehend thesociety running on the concept of the rule of love. To hasten the atainment of the highest level ofprogress we will have to steamline the rule of law and exel therin. To achieve this the organs dealing with theenforcement of rights and remedies for their violations should acttruthful and effective. In India The Supreme court of India has as late backas in the 1970 s held that the duty of the prosecution(police is to bringout the unvarnished truth ,and not to bolster up a prosecution case withsuch evidence as to enable the court to record a conviction. The concept that follows from this is that the duty ofthe police is INVESTIGATION of TRUTH, a rather uncomparable noble duty.The duty cast upon the Courts is to see whether the facts brought beforeit by the inversigation agencey is legally admisible to substantiate aconviction or upholding of rights. this being the basic principles if the police personaland the Judicial officers function honestly according to their dutiesHuman right violation can be easly curtailed and remedial and mitigatingactions can be undertaken. But this is not being effectively done . The machineries for preventing human right violation being vibrant andeffective theoritically . it depends upon the persons who man them tomake them effective . If the persons enforce the law and follow the lawand its principles in spirit and content the goals set can be easelyachieved. But it is seen that the persons who man these bodies sidelinesthe theory and in the name of practicality do whatever they please according to their whim and fancies and against law and principles wreaking untold damage to Human rights and the institutions forsafeguarding humanrights. At present there is no foolproof way toascertain truth. The only certain scale for equality is law. It is also by the principles of law andcrossexamination truth is ascertained and established . But the instrumentof crossexamination is not perfect and foolproof. Until a foolproofmechanisam or way for ascertaining truth is found we will have to dependupon legal principles for ascertaining truth. This being the case anyonesidelining the principles of law or law and coming to conclusions shouldbe termed as a antisocial . It is said that Theriticalperfection Practically achieved is the best that can be ever achieved. in India the wildest form of humanrights violation is carried out by the agencies who are supposed toprotect humanrights violations. this is done by mainly sidelining lawand deciding the rights of parties on the whims and fancies of thedeciding authority. This has reached such alarming propositions that evengovernment officers are doing it, thereby causing untold damage to therights of people. The common cry loudly made by persons whowant to sideline law is the cry of JUSTICE DELAYED IS JUSTICE DENIED. Inthe name of hastening justice all rules of law are sidelined and ordersare passed ignoring law and rights of parties therby violating basichuman rights. The principle of audi altrem partem isviolated by not considering and applying what is placed and submitted .The contentions of the parties and legal points wont find a place in theorder fully, therby enabling the deciding authority to pass any order evenagainst law. In the name of speedy justice half baked orders against lawis churned out with impunity one will be astonished.All these are doneignoring and sidelining the more IMPORTANT AND CARDINAL PRINCIPLE JUSTICE HURRIED IS JUSTICE BURIED. When justice is huried and buriedit will be lost forever. Justice even if delayed we can be satiated withthe feeling at last i have got justice. For doing anything some time is required, in the same way for deciding cases especially when there is shortage ofJudges, some time will be take for logically deciding cases finally. Iftime is not given for geting documents and evidence , reality will be shutout and decisions will be unjust. and against facts and truth. So even if Justice is delayed alittle it should never be buried. For burying will be infraction of humanrights. Take the case of Right to information Act inIndia, A really great law supporting right to know and preventingcorruption . By this law any person is entitled to get information fromany public authority except those included in the second schedule of theAct. By the defenition of public authority one is entitle to getinformation from courts , A public authority, Courts are said to be opencourts. All documents in courts are public documents(SEE sec;74 IndianEvidence Act). This being the case anyone is entitled by the manifestsections of the Right to information act to get information and certifiedcopies of documents from courts. But the kerala High court has by using therule making power confered by the Act framed a rule namely Rule 12 whichdenies information connected with any case in the courts. This rulerenders the rights confered by the manifest sections of the Act redunantand nugatory.A rule making power granted under the Act is used to destroythe benefits confered by the act. Under the interpretations of the | |
