DailyPost 2567
JUDICIAL DIRECTIVES & ADVISORIES
Judicial directives emanating out of judgements, directives for action and advisories in general but of impact making nature, has been a part of our judicial proceedings and decisions. Stinging remarks by the courts are to jolt the powers that be, make processes deliver results and give a feeling that a legal sword hangs over the head of those who dare to upstage rule of law. What has been the fate and impact of each of these interventions to the quality of criminal investigation and also in the executive administration of this country, we will leave it to the judgement of all stakeholders.
If the stinging judicial remarks in criminal trials pertaining to criminal investigation were to be added up into a volume, and each complied in every case across the country both in word and spirit, the quality of investigation, would end up becoming one of the best in the world. It is not an audit para for which explanation has to be provided and then para could be dropped. The only way for the judicial administration to improve is not by way of quality of judgements being delivered, but the sanctity that was being provided to it. It is not limited to the punishment provided for, but all the judicial remarks, which were documented in the process and have been directed to be implemented.
The present fate of the criminal justice system has this failure as one of its major causes. The collective wisdom of Indian judiciary, translated into clear cut directives, based on specific trial of criminal cases cannot be negated as something flimsy. Like other democratic customs and conventions, this should have taken a different trajectory of a legal diktat of a similar type. This is legal position as per the law of the land. You have no choice but to implement it. Even if a slightest doubt is created, it would have a serious multiplier impact on the whole system. From wherever did the thought process of non-compliance come from?
Criminal investigation I have put forth as an example, but it is same story with all over the place. A collated version, if put in action would do magic in this country. From the collated version/s to compliance has been a nightmarish story. If that were to be achieved; become successful, then the judicial administration would have been completely revamped by now. Such an important tool of change with legal mandate in place is allowed to go waste. Last but not the least is the attitude; nobody is ready to go that exact mile. Lots of work has to be done in this matter, to give every judgement its due and in the process, keep on improving incrementally. That is the growth path trajectory of the nation. There is no other way out.
LEGAL WILDERNESS HAS BECOME THE HOMESTAY OF JUDICIAL DIRECTIVES AND ADVISORIES.
Sanjay Sahay
Have a nice evening.