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Friday 11 January 2013

Does our judicial system inspire confidence?

Does our judicial system inspire confidence? Points to ponder:
1. In no other country except India is there a system whereby Judges appoint Judges. I believe that Justice a fundamental right too important to be left to judges alone
2. There have been cases/complaints against higher judiciary. The system of removing them through impeachment is cumbersome. The Judical Accountability Act is overdue
3. It is often said that there is a shortage of judges in India. Why are adjournments allowed? Why are cases not dimissed with costs when litigants do not come to courts with 'clean hands'? Approximately 30 percent cases will disappear if perjury is punished with imprisonment and cases dismissed when litigants misrepresent/suppress facts
4. No matter whatever be the cause of delay, justice delayed is NOT justice denied but injustice perpetrated. There are cases pertaining to 50s in High Courts. Who will benefit by the judgments?
5. There have been instances of gender insensitivity by judges of High Courts. Other than symbolic gestures of 'pain' and 'anguish' what action has been taken?
6. There have been instances of judgments being pronounced in open courts coming out differently when the written orders are made available. A recent incident in Allahabad High Court where the order pronounced was 'repayment of principal with interest'. The written orders had a different conotation 'repayment of principal, interest condoned'. Is this typo error? To instill confidence why are courts averse to audio/video recording of court proceedings which can be made available on payment as is the practice in other countries?
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