Experts & Views
In India Judiciary is the guardian of Our Constitution. Whenever the rights of a people is breached then the Judiciary is the only means where remedy can be sought. We have full faith upon our judiciary and We should be well acquainted with the facts that whenever there is injustice from the other two organs of the Democracy i.e. Legislative and Executive the the Judiciary has provided the proper remedy to the aggrieved individual as well as Society.
With the growing number of Population and Less number of Judges as per ratio of Population, Our judiciary is overburden and the Judges are under tremendous pressure to accomplish their duty and to give fair Judgment as per Law.
Our Judiciary has to give decisions and pronounce judgment as per codified Law of the Country and on the basis of best evidence rule. In criminal jurisprudence Prosecution has to prove his case beyond reasonable doubt. Our judiciary follow the maxim " Let Hundred Guilty be Acquitted but One Innocent should Not be Convicted". And Our Judiciary always gives emphasis to this maxim in a criminal trial before the court, due to this reason conviction rate in India is very low. Under the circumstances we can understand that whenever Our Court Convict one person for a crime, there is total and sufficient evidence against the accused. So, we should respect the decisions of Judiciary. There may be one or two exceptional case but this should not be deemed that Judicial decisions are not correct.
Judiciary is guided by the Law text and not by the emotions. Judiciary do not favour the numbers or bourgeois. Judicial decisions are based on Law and not on Facts or rumours.
A matter which is not morally wrong but Legally may be wrong and under such situation the court has to presume the legality of the matter. It is the Judicial decisions of our Apex court and High Cout which takes the initiative to safeguard the right of the society by Public Interest Litigation. So, it is our utmost duty to respect the Judicial Decisions pronounced by the various Courts of our County. If any party is aggrieved by the decisions of any court then he has the right to appeal against the decision in the Appellate court but publicly such decisions should not be disrespected with mala fide criticism and discussions only for publicity and personal gains.
In the recent time we have witnessed that a trend has come out in the media, especially in the visual media to criticize the judgment of the Court taking advantage of the Privilege given to the media to make fair comment on any issue and also taking advantage of the constitutional guarantee of Freedom of Speech and Expression.
Let's take few examples, First, the Decisions of Binayak Sen's Life imprisonment by the Chattisgrarh High Court for the crime of sedition and subsequent rejection of his bail application by the High Court are being criticised and discussed highly by the media as most of the intellectual group of people supports Binayak Sen as morally not wrong. Second, in the Priya Darshini Mutto case when Supreme Court of India commuted the death sentence of the accused into life imprisonment then media highly criticized the decision. Third, In the Ruchika Girhotra case, when the accused SPS Rathod was punished for only One and half years of rigorous imprisonment then the media highly criticized the impugned decision of the court and again when Supreme Court granted conditional bail to the accused Rathod, then the media highly critisised the decision. Fourth, in the Bhopal Gas tragedy case when the District Court of Bhaopal convicted seven accused for an imprisonment of two years along with fine then the media highly criticized the decision for less quantum of punishment. Fifth, recently in the Arushi Talwar murder case when the Special CBI court framed criminal charge against the parents of Arushi then again media indulged in criticizing the decision of the court. There are innumerable instances of such too much criticisms of Judicial decisions by media.
These acts of frequent and uncensored criticism of the Judicial decisions of the court of the county by the media mainly for their TRP and publicity taking advantage of privilege of fair comment and freedom of press, is in fact degrading and lowering the value of the judiciary before the common man and right thinking people of the society and these in turn causing the loss of faith of the people in the judiciary.
Media and every people should understand that Court does not make laws, court pronounce judgment and give decisions according to the codified law of the Country on the basis of best evidence rule. Laws are made by the Legislatures in the Parliament, so if the media and the people of the Nation are not satisfied with the present codified law of the country then they should pressurize the the Legislatures to amend the laws and to make it more people friendly but the Court can not go beyond the codified law of the Country.
It must be understand and accepted that the Judges give their decision without any pride and prejudice and the Judges are neutral to every one. All the decisions are made according to the written law of County. So, the Judicial Decisions must be respected.
Pronoy Kumar Ghose, Advocate
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I wish that you would suffer at the hands of indian penal system so that you would realise how much respect you can have for this rotten system.
Besides more importantly, it is very easy to lecture on the fact that there is an appeal process but the delay of justice is as good as denial and it is the sufferer who knows this. Immature blog writers clueless about reality can just type letters. Get out in the heat and dust and explore the truth and then your mind will open.
You do not realise the pain in rotting in and indian prison in heat/cold/hunger/crowd/dirt for years. I hope [...] get first hand experience some day and then you will know the meaning of justice/democracy etc.. [...]
#2,Thanks
#3, Mr. Amar, let me inform you that since student life I am engaged with social work and have tasted much more dust and heat to safeguard the society's interest. So dont' try to teach me how to face such situations. Presently I am practicing as a Lawyer for the last seven years, during these seven years I have withstand very very harsh circumstances, I have fought for the justice of those people who has no fees to pay. I even went to very interior places to settle the issues under negotiations. So don't try to teach me what is reality and what is hardship. May be you have suffred in the judiciary mainly because You had no evidence in your favour. judiciary has to work on the basis of rule of law as per evidence before it not on emotion. so don't show your frustration to the judiciary. Delay in justice is not always the fault of the judiciary, it is Your political leader who do not provide enough money to appoint more number of judges. So agitate before the parliament to appoint more number of judges for speedy remedy.
You are not worthy enough to decide my maturity or immaturity of blogging. I write blog on practical experince to raise peoples eye to make a better society. I do not write blog for fun or to impress the other. So think twice before comment. Being in both litigation and non-litigation side i have enough experience to feel people pain and suffering, that's why I write blog to open eye of the pepole to fight against injustice to the proper authority. I do not believe in Hippocrates.
Remember, it is the Judiciary which is providing all the justice to the masses against the political leader as well as bureaucrats otherwise our country could turn into anarchism.
Last but not least, if at present i am enjoying in a air conditioned room it is because I do my work honestly, efficiently and I have courage to serve the society BUT not because of any privilege. So dn't be jealous.
Have faith in judiciary and fight against Hippocrates, bureaucrats, Corrupt political leaders and rumours of media.
#4 Mr. Lawyer, thanks 4 understanding the value of judiciary.
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