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Justice Delay Is Justice Denied
In my early years of legal profession I worked with many senior lawyers who were always acted like a mentor to me and guided me to become a better lawyer. I always used to enjoy my profession. But like other fellow mates I was worried about my career prospects as litigation lawyer. I keep on asking my seniors that when will I become a successful lawyer like them? They use to say that it takes lots of time and patience to establish practice. It was a famous quote in Tis Hazari (Court) that then you have teeth (youth) you will not have sprouts (Established Practice) to eat and by the time you get sprouts you will have no teeth to chew them. In later years of my profession I realized that the statement was true but I wondered that the quote was equally applicable on clients too. One of my senior use to informed his client beforehand that unless he has time and patience, he should search for some alternative measures to resolve its disputes and come to court only when all efforts fails.
People get old and die but cases never die. Legal heirs take the place to deceased and show keep on going. I have seen cases in which generations were involved. It’s a maxim of law that Justice Delay is Justice Denied. Wrong doers keep on enjoying the privileges of law and aggrieved person dies thrashing his head on the temple of justice’s gates. Who is to blame for this elongate delay? There are various components which participate in judicial system. First are client/ advocate. Those persons who are in a beneficial position in a court case tend to delay justice. This delay is acceptable from the point of view of that person because everyone has this tendency. However it is on the Court to decline all such requests which are made with ill motive just to delay the proceeding. Generally it has a nominal contribution in the total delay. Second component is Judge. Undoubtedly it plays a very sincere role and if he does not perform his duty properly the aggrieved persons will never get any justice. But it is my personal experience based on working in various courts that judges are generally working very hard to dispose the cases which are thousands in numbers. They will be promoted to higher court only when they perform and pronounce good judgments. Third component is judicial procedure. I feel that this is a most import aspect. This Judicial Procedure means the way court will act upon receiving case. It is mandatory for Judges to follow it. If they do not follow the whole judicial proceeding will be stuck down by the higher court (in appeal) and case will reinitiate.
Do you think the we need to work on the process of justice not on principle of justice
These judicial proceedings are based on principle of natural justice and equity. The back bone of judicial proceedings is that interested party shall be given equal opportunity to be heard unless it became time barred. If we go into through evaluation on procedure code we found that every clause of it has a sense and implanted there with a purpose. The objective is clear. There shall not be any injustice to litigants. But is that mean no innocent person got punishment in India or no right person lost his rights. No there are thousands of persons in India behind the bars who are innocent and have not committed any offence. We at this point of time must realize that litigation is growing and courts are overburdened. Neither we can’t stop persons from coming to court not we could make endless courts (even if we could make, it will be a financial burden). We are required to stream line the process of law. As simple as possible.