The document discusses issues with the timely delivery of justice in India and proposes solutions. It notes that the police, prosecutors and judiciary collectively form a "lethal trio" that contributes to delays through defective charge sheets, apathy in investigations, understaffed courts, and frequent adjournments sought by defense lawyers. It provides statistics on the large backlog of pending cases and lack of judges in India compared to other countries. Several solutions are proposed to address these issues, such as strengthening court infrastructure, conducting evening hearings, expanding e-courts, increasing the number of judges and courts, and focusing investigations on scientific evidence.
EDEN IAS - WEEKLY CURRENT ROUND-UP 24 June 2018EDEN IAS
According to Black’s law dictionary, Police is the function of that branch of the administrative machinery of government
which is charged with the preservation of public order and tranquility, the promotion of the public health, safety, and
morals, and the prevention, detection, and punishment of crimes.
Caveat - Volume April-May 2013 - LBH MasyarakatLBH Masyarakat
The process of law enforcement in Indonesia has had a bad record such as in the case of Sengkon and Karta. The two were accused of committing theft and murder of husbandandwife Sulaimans that took place in Bekasi in 1974. Bekasi District Court then sentenced Sengkon to 12 years of prison and Karta to 7 years.
Asia Catalyst – an NGO based in New York – held the 2013 Right to Health Advocacy Training in Bangkok. Asia Catalyst provides management and advocacy training to grassroots groups in Asia which are working to promote the right to health.
Once again, a child from a poor socioeconomic background has become trapped in illicit narcotic trafficking in Jakarta. In May 2013, a sixteen year old boy named Aldo (not his real name) appeared before the Central Jakarta District Court. Aldo was a student in Taman Siswa Senior High School when he was arrested by the police for his alleged involvement in drug trafficking.
Judicial corruption does not seem to pick and choose where it will occur. It can happen in big cities like Jakarta or a small city like Jember in the province of East Java. People may find it difficult to prove that judicial corruption exists, but one can feel that it is there.
EDEN IAS - WEEKLY CURRENT ROUND-UP 24 June 2018EDEN IAS
According to Black’s law dictionary, Police is the function of that branch of the administrative machinery of government
which is charged with the preservation of public order and tranquility, the promotion of the public health, safety, and
morals, and the prevention, detection, and punishment of crimes.
Caveat - Volume April-May 2013 - LBH MasyarakatLBH Masyarakat
The process of law enforcement in Indonesia has had a bad record such as in the case of Sengkon and Karta. The two were accused of committing theft and murder of husbandandwife Sulaimans that took place in Bekasi in 1974. Bekasi District Court then sentenced Sengkon to 12 years of prison and Karta to 7 years.
Asia Catalyst – an NGO based in New York – held the 2013 Right to Health Advocacy Training in Bangkok. Asia Catalyst provides management and advocacy training to grassroots groups in Asia which are working to promote the right to health.
Once again, a child from a poor socioeconomic background has become trapped in illicit narcotic trafficking in Jakarta. In May 2013, a sixteen year old boy named Aldo (not his real name) appeared before the Central Jakarta District Court. Aldo was a student in Taman Siswa Senior High School when he was arrested by the police for his alleged involvement in drug trafficking.
Judicial corruption does not seem to pick and choose where it will occur. It can happen in big cities like Jakarta or a small city like Jember in the province of East Java. People may find it difficult to prove that judicial corruption exists, but one can feel that it is there.
This presentation mainly focuses on Lokpal in India. it also deals with the need of lokpal, how corruption became one of the activities of even the common citizens. it tries to reveal the intention of Governments in the matters relating to Lokpal.
1. Citizens' Appeal: Ensuring Expeditious
And Timely Justice To All
RAGHU ENGINEERING COLLEGE
VISAKHAPATNAM
K.V.S.BHASKARA PREETHAM
K.ANOOP
V.ARUN TEJA
K.KALYANI JYOTHI
Sk SHEHANAAZ
3. Defective charge-sheets without narration of all relevant facts and
charge sheets unaccompanied by annexure.
Apathy and inaction on the part of the police in registering the FIRs
and taking up the investigation .
Police are either hesitant to proceed with the investigation against
important/influential persons and sometimes get lure towards money.
POLICE
4. PROSECUTOR AND JUDICIARY
Not having victim friendly justice system and less number of judges.
Large number of vacancies in trial courts.
Judges and defense lawyers trying serious offences under the
special Acts such as PC Act , NDPS Act.
One or the other advocate appearing for the accused seeking a
adjournments without adequate justification mainly to delay the trial.
Failure of the apex judiciary in filling vacant HC judges posts.
5. In our country we have only 12 judges per 1million
whereas China tops the list with 150 judges.
We have 14, 447 judges in 600 district courts, 725 judges in
24 high courts and 28 judges in supreme court if sanctioned
Judge Strength: 31.
STATISTICS
6. Till may 2013 there are around 3.8 crore pending cases inclusive of
all courts.
There are currently 3 vacancies for SC judge and within 6 months it
rises to 15. And 275 HC judges need to be appointed to meet the
requirement.
7. Mahatma Gandhi left his soul on Jan 30, 1948 and the assassin Nathuram
Godse was hanged on 15 November 1949.It has taken 2 years for the Indian
government to hang the accused. If this is the situation of “The Father of The
Nation” , When can a common man get a JUSTICE???
The govt has spent an approx of 31 crore on AjmalKasab in a span of 4
years, which is highly a waste of economy. It could have been used for the
welfare of people.
WHY SOCIETY NEEDS SPEEDY JUSTICE
Aruna Shanbaug- Nurse, who was attacked with the dog chain and brutally
raped in a hospital & apparently abandoned by her family. Brain-dead for
sight, speech and movement. The accused, a sweeper in the same hospital,
walked as a free man after a 7 years in prison. Whereas she battled for 40
years in hospital and even in giving eanthausiasatus to her, SC failed to grant
it in less time.
9. Each Police Station should be provided with secure interrogation rooms, with
simultaneous audio-visual recording facilities.
FIRs shall be recorded on the computer and they shall be instantly
sent to the Magistrates’ Courts by e-mail. e-mail should be legally recognized.
The SP/SSP should, from time to time, get reports from the I.O regarding the
course and progress of investigation and issue suitable instructions.
At the time of receiving FIR/complaint, video should be made compulsory.
Concentrating on scientific and circumstantial evidence; instead of
leaning towards oral evidence.
SOLUTIONS PROPOSED
Strengthening Criminal Courts’ infrastructure and upgrading
facilities and amenities therein.
10. Evening court hearing should be instantiated.
SOLUTIONS PROPOSED
E-Courts should come into act at the earliest.
Increase in the number of courts and filling up of vacancies at the earliest.
Combining of junior lawyers who are capable , need to be combined in various
committees.
Importance should be given to Lok-Adalat.
District Headquarters should be provided with “Mobile Forensic Vans” which
should accompany the “Homicide Teams” to the place of occurrence.
11.
12. Periodical exercise to upgrade the skills of investigation. intelligence
network to get the inputs of crime and corruption and to take up preventive
measures.
Conviction should be done within three months and at any rate not later
than six months.
There are currently 3 vacancies for a Supreme court judge and by the next
year will be about 15 vacancies in SC. So, trained lawyers should be made as
judges with they gain required knowledge.
Junior lawyers, mostly teens are known for aggressiveness; so, including
them into the committees [who are experienced] will make a greater impact
on their minds in solving cases in efficient manner.
IMPLEMENTATION AND IMPACT
13. The High Court, on the judicial side, should give top priority to the
disposal of quash petitions/revisions in the pending trial matters.
Huge backlogs is due to piles of petty cases which should be
disposed off by imposing trials and fines.
The key advantages of establishment of Electronic Courts in India is
achievement of Transparency and Efficiency, reduction in Corruption
and Backlog of cases, Cost and Time Saving, Witness Protection, etc..
Fast track courts which were stopped funding by the Central
Government since 2011, must be resumed again.
IMPLEMENTATION AND IMPACT
14. CHALLENGES
For turning evening courts into a reality, a huge number of man
power is required. Which is not possible until there are more number
of Lawyers , Judges and most importantly Police.
The number can be increased by establishing more number of Law
institutions and Police academies which will take at least 8-9 years.
Creating awareness among people to become lawyers and making
them understand the benefits of law.
The number of cases might not decrease but lets hope for a better
and timely justice in a decade.