The judicial system is in for some serious reform, or so it seems. And mind you, unlike every time, when the legislature, who incidentally is the only body other than the judiciary itself, which can initiate such reforms, these measures may just make life a lot easier for everyone, especially those seeking justice.
Firstly, the First Lady of the Nation, Mrs. Sonia Gandhi, Mother India, Leader of the People, Guardian of the poor teeming masses, Saint Incomparable, suggested that the Government get its act together and assemble a Witness Protection Program. About time, I say. For once, actually, maybe once in a while, Mrs. Gandhi does make sense, and this time, she’s making the right sort of music. Justice in India is not just about cold, hard evidence made up of inanimate objects; it’s a living process, embodied by its reliance on the testimonies of the witnesses, as was very strongly demonstrated in the Jessica Lal murder trial. Merely because the witnesses failed to agree upon the guilt of the accused, the Honorable Court found it fit to acquit each and every one of them, notwithstanding the mountain of circumstantial evidence, screaming out the culpability of the offenders. Many witnesses turned hostile, some because of personal compulsions, some because of coercion. Those who turned away from Justice mostly did so because they were scared, that someone would seek vengeance on them for supporting the opposite side. They need to be reassured that even if those being prosecuted are rich and powerful, they cannot stand against Truth and survive. For this, the might of the State must be pitted against the brawn of the reprobates. Only then will the phenomenon of hostile witnesses somewhat abate, and those fleeing the courthouses in fear will again rally around to the truth.
For those who turn turncoat because of personal compulsions other than the fear of retribution, Dr. Manmohan Singh has offered a beautiful solution: Punish them. Hold above them the sword of Damocles: Testify or Perish. Let us see how many turn hostile then.
The Jessica Lal case also had opened the floodgates for the proposals to revamp the judicial system. Accountability, especially among the lower echelons of the judiciary, in recent times, has become a matter of concern, and ensuring the same has become of prime importance. That the judiciary in itself is capable of purging itself of such demons is an undeniable fact, and the legislature as also the executive should desist from trying to interfere in the process beyond a certain extent. However, one suggestion of the executive at this juncture I found particularly potent and that was the mass recruitment of judges for the lower rungs of the judiciary, in order to at least alleviate to some extent the enormous load on the system. Such a proposal is fraught with many flaws in that it could be a way by which politicians could push in their favourites. But in all, it is a promising solution; only the devil lies in the details.
The Bar Association of India is proposing to drop the archaic nomenclatures of My Lord when addressing judges and instead refer to the Honorable Legates as Sir/Lady, or Mr. Justice et al, as in use in the United Kingdom. A most noteworthy suggestion, hope the judges approve. I would also like the BAI to suggest dropping the cumbersome black robes, and maybe go in for the formal attire, as followed by the U.S. courts. Nothing like discarding the black robes in the hot summer months, eh?
3 comments:
Thus speaks the BJP man... :-) just kiddin
I fully agree with you that the lack of a proper witness protection program has & will lead to situations, as in the jessica lal case.
What really irks me is that the might of the state & the sanctimonious politicians is completely absent when there is a need for the protection of witnesses for the carriage of justice. The same,however, was not observed when these very politicians were exposed in the Tehelka Expose'. Then, they were very quick in trying to save their skins by despicably hounding & destroying Tarun Tejpal & his group of brave journalists with malicious
& malafide cases & threats.
What is direly needed is accountability, at every level, be it the legilature, executive or the judiciary. Too long have we been misled by mere lip service to important reforms.
The judicial system, esp. the lower judiciary started bending backwards to save our social workers(politicians) after the emergency in 1975 when the real Mrs. G usurped power.After that we started having minions in the judicial process as judges because of their political connections.The lower judiciary really has lost all credibility.It is the higher courts like the high courts and supreme courts which still give the common man some sort of a lifeline and hope for justice.Pre-emergency the judges were always appointed by the Chief justice of the respective courts but post emergency the law-ministry and cabinet also came into the picture.This is the major bone of contention between the judiciary and the legislature.I strongly feel that the legislature should keep itself away from the selection of the judges.
As for the mass recruitment of judges I really feel that is needed.But, as you mentioned,we need to ensure that these vacant posts need to be filled up by deserving candidates who won't bow to any kind of pressure from any quarter.If this is done then the judiciary will rid itself of most of its problems.
Raj: I didn't quite realize I was displaying my political affiliations so very prominently. Of course, if the Congress or for that matter has the guts to actually stand up and admit that these are issues that matter, I am willing to applaud them for their courage. I agree with you when you point out that when the case is against the State, the State forgets all about the sacredness of Justice, and tramples on Truth to save its own soul.
Thanks for having taken the time to read my blog and for having commented.
Pranav: Glad you approve.
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