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HOME » Politics » Opinions » Curious case of Indian judiciary

Curious case of Indian judiciary

Shubham Singh
by Shubham Singh
1 September 2018
in Opinions
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urban naxals, supreme court

PC: barandbench.com

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The Honorable Supreme Court recently observed that there should not be ‘haste’ with regard to Article 35A. The SC has deferred hearing on Article 35A. Next hearing on the matter would take place on 19 January, 2019.

#Article35A: #CJI: #Article35A was inserted in 1954. You've come 60 years after. What can be the urgency?

Sr Adv Ranjit Kumar: Issue of women's entry in #Sabrimala is about a practice from centuries ago. But the #SupremeCourt examined it in 2018.

— Utkarsh Anand (@utkarsh_aanand) August 31, 2018

The Court is reluctant to pass a quick judgement on discriminatory article such as 35A but why is that so when the ‘pressure group’ takes up an issue to the judiciary, it become the issue of utmost importance and midnight hearings are conducted for Urban Naxals, terrorists or to satisfy the ego of a political party? The issue of Article 35A must be of paramount importance it needs immediate attention of the court because of its discriminatory nature. In fact, the court should build the pressure on the government with respect to Article 35A.

There are many other important cases like Ram Mandir which are dragging on in the judiciary for years and again there is ‘no rush.’ There has been so much delay on an important issue like Ram Mandir, the issue which changed the course of Indian politics forever. Emotions and sentiments of crores of people are attached to this issue and they are waiting for the judiciary’s judgement for so many years but so far what they have got in return is disappointment. On the other hand, the Supreme Court has shown quickness on issues like fixing height of Dahi Handi, banning Jallikattu, taking over BCCI, Diwali fire cracker ban etc. But the court is not at all interested in the matters Ram Mandir and Freeing temple from the government control.

Apart from these high profile cases, there are lakhs of cases where common folks of the country are waiting for so many years in order to get justice. In a recent case, a postman, Umakant Mishra, wrongly accused of pocketing Rs. 57 remained suspended from his job for thirty years. It took Umakant around 350 hearings and 29 years to prove his innocence. Justice delayed is Justice denied. Equal amount of rush should be shown while delivering justice to common folks and relevant issues. Speedy trails and midnight hearings should not be only reserved for terrorist and Maoists. Common folks are also the citizen of India. Because of the sluggishness of judiciary, common people suffer for many years in minor cases. While the common folks have to start from the lower court, s/he continues to suffer from the sluggish judiciary and rampant red-tapism in the process of getting justice, the Urban Naxals, terrorists and dynasts getting five-star preferential treatments is not at all fair. Now, the common people are asking, is justice really equal for everyone? Is everyone actually equal before the law? Will SC ever conduct midnight hearing for the common man of India?

 

Wrongly accused of pocketing Rs 57, postman Umakant Mishra
 remained suspended from his job for nearly 30 years. .It took nearly 350 hearings and 29 years for Umakant to prove himself innocent.This is Judiciary fr you.#MiLordsSeditionIsNotDissent pic.twitter.com/gEWnDlCuTx

— Sushma Singh (@SushmaAnand89) August 30, 2018

 

If justice is not delivered on time then the whole meaning of justice gets lost. There are number of pending cases in the Indian courts waiting for justice but the judiciary is busy in conducting midnight hearing for Urban Naxals and terrorists.

Indian legal system is marked by long delays. There is a backlog of 3.3 crore cases in various courts of the country. Of these, 2.84 crore cases are in the subordinate courts. Another 43 lakh are in the High Courts and about 58,000 in the Supreme Court #PresidentKovind

— President of India (@rashtrapatibhvn) September 1, 2018

Tags: Article 35AIndian JudiciarySupreme CourtUrban Naxals
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