THE SAYING “JUSTICE DELAYED IS JUSTICE DENIED” PERFECTLY FITS IN OUR COUNTRY’S JUDICIARY SYSTEM, WITH 2.81 CRORE CASES PENDING BEFORE THE INDIAN COURTS DUE TO THE SHORTFALL OF 5000 JUDGES ACROSS COUNTRY, THE JUSTICE MEANT TO GET DELAYED. IN THE YEAR 1988 3 PEOPLE ROBBED A PERSON OF RS. 370 BY DRUGGING HIM IN THE RAILWAY COMPARTMENT. THE TRIAL TOOK 29 YEARS, AND FINALLY, TWO OF THEM SENTENCED TO 5 YEARS IMPRISONMENT WHILE THIRD ACCUSED DIED DURING THE TRIAL.
The judicial system of our country is very strong but limited due to the number of cases pending before the courts. As per the Reports, there is a shortfall of 5000 judges across the country to handle the whopping 2.81 crore cases pending before the various courts in India.
There is a proposal pending for increasing the judicial manpower by seven fold in the following years to overcome the burden of mounting cases by appointing at least 15000 more judges in the various courts of India.
The case of Rs. 370 theft in the railway compartment took place in the year 1988 when the victim Hussain was traveling from Shahajahnpur to Panjab via train for a Job. The trio Pal, Lal, and Sarvesh (accused) gave him a tea laced with drugs and robbed Rs. 370 from his pocket.
Following the incident, an FIR was lodged in the Bareilly police station against the accused persons under IPC section 379 (for Theft), and Section 328 (for causing hurt by means of poison) and 411 (dishonestly receiving stolen property). One of the accused Pal remained absconding for 16 long years and finally died in 2004, said the sources.
Following the death of the third accused the case was referred to the court of the additional district and sessions judge against Kanhaiya Lal and Sarvesh. Hussain, 59 years old now, who is the complainant, in this case, appeared before the court last in the year 2012 to depose against the accused.
Meanwhile, the two accused Lal and Survesh, who are in their sixties now, have finally regretted for their deed done 29 years back saying that the trial was a bigger punishment for them compared to the punishment given by the court now. According to the reports, they now have grown up kids who stay in their native village in Hardoi, UP.
According to the judgment passed by the court in Bareilly, both the accused sentenced to 5 years also with the fine of Rs. 10,000 each. But the question here is doing this justice which came after so much of delay deserved by the two accused who went through all the hardship to appear before the court for past 29 years, only to get imprisonment of 5 years with the fine of Rs. 10,000 each at the end?
Who is responsible for this? The laid-back attitude of Indian Judiciary system, due to the shortage of judges? The amount of time spent on imparting of the justice is actually justice denied by the court. How does the court compensate the people who suffer due to this existing delaying system? What are your views on this? Please do share your comments on this very serious issue.
SOURCE: TOI | THE LOGICAL INDIAN | INDIAN EXPRESS
IMAGE SOURCE: DAILY TIMES
