DailyPost 2481
LEGAL INCONGRUITY
Do we have near perfect legal regime? The detractors would ask if there can be something of the that nature. Debate apart, are there crevices in our legal system which keeps popping up over and over again. Is it related to I do my job and whatever other guy does, is none of my concern? And thus, all the individual doing right from their point of view, does not add up into the whole, called the legal system. There are issues in every system but here it does add up into a robust legal regime.
First and foremost, the complainant and suspect / offender both are at the receiving end. They run from pillar to post and quite often miss important legal milestones, which make the final decision. Then it becomes infructuous. It might serve a legal point but that is nearly it. Take the example of a state government being judged illegal / unconstitutional, whatever you call it, still nothing can be done. Though the judicial process is completed, yet the damage keeps on continuing. Is it the multiple of agencies / courts / authorities that can be approached simultaneously is the problem? Linear dispensation has never been on our agenda?
Are powers sacrosanct or what you deliver is sacrosanct. If you what your deliver is sacrosanct then congruities which give us a clear-cut feeling of injustice cannot be allowed to continue. You cannot win and lose a case at the same time. Justice should be done and it should seem to be done. Thus there are issue at both the ends. Take another situation, which keeps getting live as times and given the incongruity and can keep throwing up again and again. A MP getting disqualified for getting conviction of two years or more. Election gets conducted in his constituency, he cannot fight either and after sometime the sentence is set aside.
What is the remedy? None as it seems now. If all these things were to happen in the normal course of legal pace and complexity, it would still been fine, but tragedy strikes when inbuilt incongruities are being used to one’s advantage. They win a war of legality, strictly by word, spirit notwithstanding. But the loser is the law and above and beyond, the faith in it. If faith vanishes in thin air, what is then left of the legal system. You can have any number of cases against the same person for the same offence in different jurisdictions or for one issue by innumerable complainants. Clubbing it together for a judicial hearing(one case) is a big legal task, it happens in very few cases. What about the rest? Such gaping holes is our system remains wide open to be exploited and it is being done left, right and centre.
AN INCONGROUS LEGAL SYSTEM CREATING LEGAL CREVICES DEFEATS IT’S VERY PURPOSE.
Sanjay Sahay
Have a nice evening.