M.M. SHUJA
Every religion believes that Human is a Creation of God and simultaneously Human nature is always with an error. India is a Largest democracy in world with a Strong Judicial system. In our Courts, High Courts, Supreme Court the practicing Advocates address My Lord Your Lordship to Sitting Judges. This system of addressing Judges is not from the era of Indian Judiciary but from Colonial era relic inherited from British Legal System. Many times there has been strong debate in Judicial system and Even Some Judges, and Senior Lawyers suggested to change the system of address to “Your Honour” or Hon’ble Sir, but no change has been witnessed yet. During the Year 2006, the Bar Council of India Passed a resolution discouraging the use of terms and suggested to address “Your Honour” & “Hon’ble Court” and for Lower Courts “Sir”. In India Practicing Advocates are divided on the issue and few Lawyers have different opinion on addressing the Judges.
In India Judiciary has the highest Power as well as respect. When an ordinary citizen fail to get remedy from Power Corridors, He/She approaches to local courts, High Court & Finally Supreme Court for timely relief, but it is equally true that litigants miserably failed to get it due to multiple reasons. On one hand the Pending Cases in Courts across the Country has touched Six Crore, and on the other side this number is increasing promptly. In our Vast Judicial system till date no Serious or Concrete Steps have been taken to dispose of the matters. From time to time, fast Track Courts, Lok Adalats are being organized, but the pending issue of Cases have not been settled from bottom. As on date there are thousands of Cases in Courts abandoned by the litigants as they are not in a position to pay Legal Expenses of Advocates as well as to Visit the Courts Frequently. During the process of hearing, Legal Lumanaries believe that the Courts are loosing the decorum as well as Credibility day by day. There are Serious Charges against Some Sitting as well as retired Judges of High Court & Supreme Court. Some Judges have been rewarded after retirement and accommodated by Government for favorable Judgments. Retired Apex Court Judges are Governors, Head of Commissions, Rajya sabha member Thus raised Question mark on their Carrier and Credibility. Courts are temples of Justice, it is imperative for Judges and Practicing Lawyers to maintain the Santity of Courts across Country. Like other departments, Courts & Judiciary Should be made accountable. Strict action must be taken against Judges, Judicial officials found guilty or in Corruption Charges.
It has been seen that the High Court & Supreme Court Judges during an interview Post retirement have publically admitted that some impugned Judgments have been passed from time to time from different Courts. The Judges also acknowledge Political pressure from Power Corridors. These Statements from former Judges not only have hurt the Sentiments of poor litigants but have left a Question mark on the Santity of the Courts. In our Country , People approach to local Court for fair trial & Speedy Justice, but it has been witnessed that in number of High profile cases, Court grant bail to accessed during night hours while as there are thousands of bail Cases (Habeas-Corpus) pending in Courts where incaricerated are waiting for bail, but has not been granted due to one or the other reason. It has also been witnessed that innocent people have been put behind bars Since decades & even some have been released from Court found innocent after spending years in Jails. This decades old rotten system of Judiciary has left thousands of families devastated as they could not afford the legal expenses to prove their family member innocent.
In our Judicial system, though some Judges have earned great respect in society & have pronounced some imperative Judgments, but Simultaneously some Judges have left the system in an adversity. They Share the dais with political parties & even Support them publically to get an elevation to Higher Courts. The reason is that people day by day are loosing the faith in the system & Judiciary loosing Credibility. The need of the hour is to look the loopholes in the system & make Judiciary accountable for transparency in the system, A robust mechanism to put in place for disposal of pending cases.
India is a Country with huge Population. There are Cores of people who can’t afford two time meals due to poverty, so as per our Constitution every Citizen Cutting across religious lines deserve a dignified life, though there are few Legal aid services available, but it has been observed that poor litigants fail to get relief within a stipulated period due to which they lost the faith in Judicial system. A strong mechanism is required for speedy disposal of Cases, there should be adequate budgetary allocation for Lok Adalats , Fast Tracks Courts as well as Free Legal Service to poor and destitute who can’t afford their legal expenses in their respective Courts. Supreme Court is the Apex Court of Country and in Such big temple of Justice there should be no room for favoritism and bias. The country like India can progress only when there is no legal pendency in Courts as well as the Justice delivery system should be above the Lines of Politics and other religion or regional grounds.
The Author is Senior Journalist / Human Rights Activist, can be reached at mmshuja@gmail.com
