Judiciary must deliver fast & correct judgement
As soon as a person is arrested on filing of FIR by police, & produced before Magistrates court dealing with Criminal case, the accused applies for bail & also obtains Stay before session court.
Normally a stay is granted by session court. After getting stay the accused keeps wasting time for years.
In criminal case satay granted by session court or High Court, goes on for 10 to 15 years,
In order that fast justice is granted, the stay should not be permitted.
I know a recent judgment pronounced, by session court, where Hon. Judge pass order stating, Bail granting is a Law, but such granting bail, removes the fear from committing crime.
The high court agreed with Session court & refused bail, finally the accused went before supreme court & appointing highly expensive counsel (we can’t dream of such money charged by senior counsel) obtained bail.
With all above, it is then assumed that the accused is set free because of corruption.
As a layperson, I say that the bail may be granted by Magistrates court. The accused can then be tried at magistrate court & process may be issued & trial continuous & order is passed.
Only after the above process, the accused may go before higher court,
I think, with the above suggestion, Lot of time may be saved,
Normally a stay is granted by session court. After getting stay the accused keeps wasting time for years.
In criminal case satay granted by session court or High Court, goes on for 10 to 15 years,
In order that fast justice is granted, the stay should not be permitted.
I know a recent judgment pronounced, by session court, where Hon. Judge pass order stating, Bail granting is a Law, but such granting bail, removes the fear from committing crime.
The high court agreed with Session court & refused bail, finally the accused went before supreme court & appointing highly expensive counsel (we can’t dream of such money charged by senior counsel) obtained bail.
With all above, it is then assumed that the accused is set free because of corruption.
As a layperson, I say that the bail may be granted by Magistrates court. The accused can then be tried at magistrate court & process may be issued & trial continuous & order is passed.
Only after the above process, the accused may go before higher court,
I think, with the above suggestion, Lot of time may be saved,
Viewed by 74
View all 10 comments Below 10 comments
Main issue is that illfull Rulers side-tracked concept of Justice since 1963 as is evident from SC Judgements AIR 1963/73 SC 649 , AIR 1979 SC 1369 , AIR 1983 SC 130 , AIR 1983 SC 624 , (1984) SCC 654 , AIR 1985 SC 1495 , (1987) 4 SCC 609 , AIR 1992 SC 1858 , (1994) SCC 243 , (1995) 3 SCC 635 , (1996) 4 SCC 212 etc . Strict Reformatory Regulations are FAST NEEDED REVIEWING Law Commission , Bar Council and Judiciary . THIS IS WHY WE MUST DEMAND * Linkage of Aadhar to All Limiting Cash to Rs.2,000/- , Punishments on NON ENFORCEMENT OF IPC will clear all ills and Evils in whole Governance together with Judiciary.*
Feb 24
Today's TOI carried an article where a Gang Rape accused who was granted bail and was out...was picked up again by the police for ATM thefts. Where a criminal gets bail but there is violation, both parties who were involved in his bail ( advocate of the criminal as also the Magistrate/Judge granting bail) need to be penalized with either cancellation of their Licences to send home a strong message to all the corrupt Judiciary who grant bail perhaps they must have been compromised for monitory gratification. In such case, the Bank Account of the Magistrate must be checked for proof to even press charges against him after dismissal. Fear of Law need not be only in minds of criminals but also co-conspirators who use short cuts to make the law teethless.
Feb 24
Khaki and Black coat are part of justice delivery system. Unless accountability and responsibilities are not fixed and strictly implemented, innocent people will continue suffering and criminal and the people virtually responsible to punish them will keep on accumulating wealth.
Feb 24
Linkage of Aadhar to All Limiting Cash to Rs.2,000/- , Punishments on NON ENFORCEMENT OF IPC will clear all ills and Evils in whole Governance together with Judiciary.
Feb 24
Criminals on bail or lingering civil cases are nightmares for innocent person.Witnesses of criminal cases and beneficiaries of civil cases are murdered and case closed.We are sufferer!s and have lost jewel of our family.A real shame for our judiciary'
Feb 24
This dangerous Practice Decades together Causing Serious damages while the Practice Increasingly becoming a Golden Duck to Culprits and their Supporters as well as Stakeholders SINCE POLICING LAWYERS INDIVIDUALS SETTLEMENT TEAMS AND the ultimate Judiciary are involved in All Criminal Cases Lodged .
Feb 24
न्यायपालिका पर जब तक जबाबदेही तय नहीं होगी यूँ ही चलता रहेगा - आम आदमी का विस्वास आज न्यायपालिका पर से उठ रहा है - आज भी विचाराधीन क़ैदी जेलो में इसलिए पड़े है की वे सम्पन्न नहीं है जबकि आपराधिक तत्वों को ज़मानत मिलने में देर नहीं लगती है । यहाँ पुलिस के भ्रस्टाचार की बात होती है पर न्यायपालिका के भरस्टाचार पर मौन क्यूँकि न्यायपालिका की अवमानना हो जाएगी - जज के सामने ही पेशकार द्वारा तारीख़ के लिए पैसा लिया जाता है और यह सिस्टम का हिस्सा है तो ?NJAC का बिल संसद में न्यायपालिका को जबाबदेह बनाने के लिए ही पारित हुआ था 99वा संसोधन द्वारा जिसे न्यायपालिका द्वारा नकार दिया गया - क्यूँ ?यदि NJAC को सुप्रीम कोर्ट असंवैधानिक कह सकता है तो इससे ज्यादा असंवैधानिक तो कोलेजियम सिस्टम है जिसमें ना तो पारदर्शिता है और ना ही ईमानदारी ?
Feb 24
Delay, Silence of Judiciary on Citizenship Articles 5 to 10, Chandbagh etc Riots , Riots etc
of Protesting Farmers WHEREIN SC DIRECTIVE ORDERS Denied and Defied ITSELF PROVE THE INABILITY OF JUSTICE IN INDIA .
H'ble Supreme Court to understand and H'ble President to intervene.
of Protesting Farmers WHEREIN SC DIRECTIVE ORDERS Denied and Defied ITSELF PROVE THE INABILITY OF JUSTICE IN INDIA .
H'ble Supreme Court to understand and H'ble President to intervene.
Feb 24
Police and Lowers Should educate. If any NGO educate students of low to handle accused persons from public to provide guidance at police station. Students and police get experience. Corruption in police department and in the court reduced.
Feb 24
Corruption in police department corruption is by in-large a legal rights. the criminal statement can be considered 100% true and a victim can be harassed up to any extent even can be hanged depending upon the bribe amount.
Feb 24
