The law of the land expect Police force and in particularly the Constabulary, to prevent Commission of offences like Rioting, Murder, Robbery, Dacoity, Kidnapping, Extortions, Rape, Organized drug trafficking, human trafficking, Crimes of Slumlords, AK-47/56 armed terrorists including other petty offences.
A very basic question may be thrown, "do the present Police force inspire confidence of the people or if they instill fear in the minds of potential offenders.
Given the lawless order of the day we see time and again on our idiot box, leave alone the history sheeters, even petty offenders appear to have not feared of present symbolic Police force of the country.
Further, it is seen that the State Govts find their Police force admittedly incapable of handling emerging emergency situations. Army is roped in severe law and order times, during floods and by the time Central forces arrive to the scene much damage has been achieved.
The State Govt must gear up to strengthen the police force, in particularly of the Constabulary who form the foundation of the entire Police structure having street presence, to a degree where they inspire confidence of the society and instill fear in the mind of potential offenders, so that they can effectively carry out duties expected from them. It may sound idealistic, but this is the bare minimum to have peace and thus progress.
The safety of life of every people is the very first duty of every Govt of the world. All duties come later.
The whole purpose of having penal laws is that they may not be applied at all by effectively preventing the commission of same by powerful street presence of well equipped force.
There is no need to waste any time on any soul searching because there is plenty that has been written on the subject in the days and years gone by.
The alacrity with which we constitute various committees and commissions is matched only by the inaction on the voluminous reports laboriously produced by our finest brains and from men of eminence in Public Life and there should be equally outstanding and compelling grounds to say that they do not deserve to be adopted or if they are not practical to be adopted.
We need to institutionalize mechanisms for mandatory implementation so that public confidence is strengthened.
Our Apex Law Court needs to ensure that they do not take 10 years to pass Judgments in cases involving critical public importance and then again look at other side when State Govts simply refuse to obey their Orders as if so what...... I am talking about Police Reform measures directed by Supreme Court in the year 2006, yet to see the dawn.
In reply to a Question posed to a foreign national as if he is concerned that Dow is setting up a disastrous chemical plant in India. Why should I, he said.
Nothing will change. WE Change.
Sunday, June 14, 2009
“LITIGANTS' DAY” in High Courts'
To, Date: 16/06/2009
The Hon Chief Justice
The Hon Bombay High Court,
Regarding: In the exercise of Power of Superintendence over all Lower Courts and Tribunals under Article 227 of Constitution of India, Please introduce LITIGANTS’ DAY in MY HIGH COURT
Hon Justice,
THE POSITION IN LAW: (1) Supreme power of Superintendence of all Lower Courts and Tribunals is entrusted to all Judges of HC under Art.227 of Constitution of India. Superintendence ordinarily entails Authoritative control over the affairs of that by overseeing its operation and performance.
(2) ARTICLE 141 OF CONSTITUTION OF INDIA: Hon Supreme Court in All India Judges Association wherein PETITIONER were ALL INDIA JUDGES' ASSOCIATION and RESPONDENT were UNION OF INDIA; DATE OF JUDGMENT 13/11/1991; BENCH: MISRA, RANGNATH (CJ) BENCH: MISRA, RANGNATH (CJ) AHMADI, A.M. (J) SAWANT, P.B. Chiefly outlined the Role and obligations of District judge and role and position of Trial Judge in administration of Justice--Role of High Court in the functioning of subordinate Judiciary. And it was HELD that Judges must take greater interest in the proper functioning of the subordinate judiciary. Inspection should not be a matter of casual attention. The Constitution has vested the control of the subordinate judiciary not only in Chief Justice but also in Every Judge of High Court.
THE REALITY: The National Commission to Review the Working of the Constitution- judiciary headed and judiciary dominated- which submitted its report in 2002 is on record saying 'Judicial system has not been able to meet even the modest expectations of the society. Its delays and costs are frustrating, its processes slow and uncertain. People are pushed to seek recourse to extra-legal methods for relief. Trial system both on the civil and criminal side has utterly broken down.' Also, 'Thus we have arrived at a situation in the judicial administration where courts are deemed to exist for judges and lawyers and not for the public seeking justice'. WE ARE IN 2009 AND CONDITIONS HAVE DETERIORATED CAN SAFELY BE ALLEGED.
However Lawyers are accused of employing delaying methods, but no lawyer can succeed if the court refuses an adjournment. The Courts in our Country, in particularly the Lower Courts are not delivering to the expectation of the people, hardly needs any stress.
Efficient delivery of Justice to its Citizenry is one of the Sovereign functions of any Country and India is no exception. What we mean by Sovereign function is simply that nature of the function is Primary and of foremost concern of any Country. But ‘State’ in the country not appears to be perturbed at the crawling pace of judicial proceedings. The key beneficiaries viz the advocate community, the investigating agencies and the prosecution systems find the system extremely lucrative.
How you will grade or term a system wherein you are unsure of justice delivery. It is akin to begging for justice and not fighting for Indian Citizens are treated like a beggar in the temple of justice.
SAFE CONSEQUENCES: Unresponsive Courts will only ensure a good lawless society. Deficient dispensation of Justice will only ensure plight and exploitation of the weaker section of the society. An unresponsive justice system renders every conferred right meaningless and encourage breach of duty.
EXPECTATION: In the backdrop of this Article 227 and the Judgment stated hereinbefore, Hon Justice, we respectfully take liberty to say that, “you have promised and emphatically said, Tell us if you face any misbehavior or any difficulty in getting Justice at Lower Courts or Tribunal, we have Power of superintendence over all courts and tribunals throughout the territories in relation to which we exercises jurisdiction, we will set things in order."
Thus, I humbly request the Hon Justice to consider holding “LITIGANTS’ DAY” in once every week on every Saturday Or at least once in every fifteen days, by any of two or three sitting Judges of the High Court wherein the Litigants may express illegality or lacunae they have experienced at Lower Court or at Tribunal.
The writer is excited to say and hope this Hon Court will appreciate, the delivery of Justice at Lower Courts will improve substantially, and inevitably the glory and dignity and faith of common man in the Justice delivery system may be ignited.
The writer thus request Hon Justice to introduce a new chapter to administration of justice in the country.
As the great American Judge, Justice Holmes has once said, “Law is the business to which my life is devoted and I should show less than devotion if I did not do what in me lies to improve it.”
The systemic shift that the situation demands does not depend so much on availability of resources as on the willingness to adapt and change.
The choice, if any, is between resignedly witnessing a broken-down system being consigned to irrelevance AND/OR redeeming a constitutional promise of equal access to effective justice.
The ultimate Judicial dignity lies in People getting “Preamble Justice”, or else the Judges may seek illusory, cosmetic and customary dignity.
And you said, take my accountability, for you People are the giver of the Constitution and we take Oath of it. Yet, more than enforcement of laws, the concern for humanity will dictate outcomes.
Sandeep Jalan
B Com, LLB, Legal Consultants
Janhit Manch, Kuber Bhuvan, Bajaj Road, Vile parle West, Mumbai- 400056.
Tel and Fax: 022 26148872. Email- legallyspeaking.jalan@gmail.com
Cell- 093 2267 1212.
The Hon Chief Justice
The Hon Bombay High Court,
Regarding: In the exercise of Power of Superintendence over all Lower Courts and Tribunals under Article 227 of Constitution of India, Please introduce LITIGANTS’ DAY in MY HIGH COURT
Hon Justice,
THE POSITION IN LAW: (1) Supreme power of Superintendence of all Lower Courts and Tribunals is entrusted to all Judges of HC under Art.227 of Constitution of India. Superintendence ordinarily entails Authoritative control over the affairs of that by overseeing its operation and performance.
(2) ARTICLE 141 OF CONSTITUTION OF INDIA: Hon Supreme Court in All India Judges Association wherein PETITIONER were ALL INDIA JUDGES' ASSOCIATION and RESPONDENT were UNION OF INDIA; DATE OF JUDGMENT 13/11/1991; BENCH: MISRA, RANGNATH (CJ) BENCH: MISRA, RANGNATH (CJ) AHMADI, A.M. (J) SAWANT, P.B. Chiefly outlined the Role and obligations of District judge and role and position of Trial Judge in administration of Justice--Role of High Court in the functioning of subordinate Judiciary. And it was HELD that Judges must take greater interest in the proper functioning of the subordinate judiciary. Inspection should not be a matter of casual attention. The Constitution has vested the control of the subordinate judiciary not only in Chief Justice but also in Every Judge of High Court.
THE REALITY: The National Commission to Review the Working of the Constitution- judiciary headed and judiciary dominated- which submitted its report in 2002 is on record saying 'Judicial system has not been able to meet even the modest expectations of the society. Its delays and costs are frustrating, its processes slow and uncertain. People are pushed to seek recourse to extra-legal methods for relief. Trial system both on the civil and criminal side has utterly broken down.' Also, 'Thus we have arrived at a situation in the judicial administration where courts are deemed to exist for judges and lawyers and not for the public seeking justice'. WE ARE IN 2009 AND CONDITIONS HAVE DETERIORATED CAN SAFELY BE ALLEGED.
However Lawyers are accused of employing delaying methods, but no lawyer can succeed if the court refuses an adjournment. The Courts in our Country, in particularly the Lower Courts are not delivering to the expectation of the people, hardly needs any stress.
Efficient delivery of Justice to its Citizenry is one of the Sovereign functions of any Country and India is no exception. What we mean by Sovereign function is simply that nature of the function is Primary and of foremost concern of any Country. But ‘State’ in the country not appears to be perturbed at the crawling pace of judicial proceedings. The key beneficiaries viz the advocate community, the investigating agencies and the prosecution systems find the system extremely lucrative.
How you will grade or term a system wherein you are unsure of justice delivery. It is akin to begging for justice and not fighting for Indian Citizens are treated like a beggar in the temple of justice.
SAFE CONSEQUENCES: Unresponsive Courts will only ensure a good lawless society. Deficient dispensation of Justice will only ensure plight and exploitation of the weaker section of the society. An unresponsive justice system renders every conferred right meaningless and encourage breach of duty.
EXPECTATION: In the backdrop of this Article 227 and the Judgment stated hereinbefore, Hon Justice, we respectfully take liberty to say that, “you have promised and emphatically said, Tell us if you face any misbehavior or any difficulty in getting Justice at Lower Courts or Tribunal, we have Power of superintendence over all courts and tribunals throughout the territories in relation to which we exercises jurisdiction, we will set things in order."
Thus, I humbly request the Hon Justice to consider holding “LITIGANTS’ DAY” in once every week on every Saturday Or at least once in every fifteen days, by any of two or three sitting Judges of the High Court wherein the Litigants may express illegality or lacunae they have experienced at Lower Court or at Tribunal.
The writer is excited to say and hope this Hon Court will appreciate, the delivery of Justice at Lower Courts will improve substantially, and inevitably the glory and dignity and faith of common man in the Justice delivery system may be ignited.
The writer thus request Hon Justice to introduce a new chapter to administration of justice in the country.
As the great American Judge, Justice Holmes has once said, “Law is the business to which my life is devoted and I should show less than devotion if I did not do what in me lies to improve it.”
The systemic shift that the situation demands does not depend so much on availability of resources as on the willingness to adapt and change.
The choice, if any, is between resignedly witnessing a broken-down system being consigned to irrelevance AND/OR redeeming a constitutional promise of equal access to effective justice.
The ultimate Judicial dignity lies in People getting “Preamble Justice”, or else the Judges may seek illusory, cosmetic and customary dignity.
And you said, take my accountability, for you People are the giver of the Constitution and we take Oath of it. Yet, more than enforcement of laws, the concern for humanity will dictate outcomes.
Sandeep Jalan
B Com, LLB, Legal Consultants
Janhit Manch, Kuber Bhuvan, Bajaj Road, Vile parle West, Mumbai- 400056.
Tel and Fax: 022 26148872. Email- legallyspeaking.jalan@gmail.com
Cell- 093 2267 1212.
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