DailyPost 2746
JUDICIAL DELAY
Though we know of judicial backlog of cases but I suppose there has never been comprehensive research on the nature of delay and the reasons behind it. The causes being talked about in common knowledge with its inbuilt generality, cannot provide even a workable solution of how to go about tinkering with system to deliver the desired results in a decade or so. The intractable problem of judicial delays needs to be taken head on, as impedes variety of things and some even which we don’t imagine of; the business climate of the country. It leads to audacious governmental and political behavior. But as it stands today, judicial delays are a norm and justice delivery on time an exception.
It is common speak that when you get stuck up in a case, you get endlessly embroiled into it. It is a manmade problem, which we are not bothered about, which impacts each one of us in some way or the other. If we go by the truism justice delayed is justice denied, then where are we positioned on a justice scale of 1 to 10. Without denying the fact that each case is important, and any one put to injustice after knocking the door of justice for whatever reason in not unacceptable, nonetheless, there are cases which have far reaching consequences for the nation, which need to dealt differently.
Expeditious judicial trial in those cases and the judgements being delivered in a reasonable could see the country function differently. A sense of time predictability itself would put spokes in many a wheel. The powers feel that can manage their decisions to fruition even if it lands in the courts and they have been able to do so many a times. The catchphrase that the process is the punishment cannot be truer in any other justice delivery mechanism globally. Come to think of it, in cases foisted deliberately or by ignorance or over zealousness, what would be plight of the persons impacted for years.
At the level of a country any delay in deciding super sensitive cases can lead to, at times, unconstitutional laws to operate. There is no purpose in elaborating the damage in each day of its existence. Legality of the enacted law has to be dealt with immediately. There are times when processes are in question, its judicial scrutiny is a must, because it leads to the results getting either wrongly delivered or does not display fair play and transparency or both. At times cases pertaining toe ever precarious government formations and other such cases see the light of the day, long after the concerned stakeholders have successfully completed their acts and tasks. Legal sanity as an all-pervasive feeling, which can be created only when important cases of public interest are decided expeditiously. It should be treated as a law-and-order situation in the judicial system.
JUDICIAL DELAYS CANNOT BECOME A REASON FOR THE COUNTRY TAKING A WRONG TRAJECTORY.
Sanjay Sahay
Have a nice evening.