Legal System needs Honest Restructuring………..in India

Wake up Call for Society:

Mould young generations to the path of positivism

History of India conveys that the countries which came to India for TRADE, were such as Portuguese, the Danes, the Dutch, the French but only the British succeeded. Owing to luxuries and weak military position of the Mughal Raj, the British won in the wars with fulcrum of the local rulers. Delhi was under Mughul rule between 1605 -1858. Jahangir 1605-1627, Shah Jahan up to 1658, Aurangzeb up to 1707, Bahadur Shah II 1837- 1857. The last Mughal emperor Bahadur Shah II was deposed in 1858 by the British East India Company and exiled to Burma following the War of 1857 after the fall of Delhi to the “company troops”. A perusal of world history, it evinces that if any nation conquered the other nation, they enforced their own system of administration. Similarly, the British rulers changed the whole administration of India…except PUNJAB. A new “law & justice” enforced on BENGAL-MADRAS -U.P. & other territories which came under their controls.

Hardly after 20 years of Maharaja Ranjit Singh’s death, had the whole continent of India passed into the hands of East India Company. India historically witnessed development of judicial system from the Mughul period to commercial British & than to amalgamate Politics of India. The British consolidated India and after taking direct charge, governed for a period of almost about two centuries. They promoted a different model of the British judicial system as Indian judicial system…. The OBJECTIVITY was completely different for subjects of Colonial countries than of… direct U.K. citizens. They facilitated different judicial model in post 1947 India. It is strongly believed that new Indian legal compositions could not achieve objectivity, neither identified them being a “COURT OF JUSTICE” nor as a “COURT OF LAW”. The judges, in pre-independence India … were the symbol of imperial power, addressed by colonial subjects a … His LORDSHIP or His MAJESTY.

ADVOCATES & ETHICAL VALUES; Some of the ETHICAL standards desired to be maintained by Advocates in India included; being a member of the legal profession has a social duty to show the people a beacon of light by his conduct and actions, to play a vital role in the preservation of society and justice system. They are under an obligation to uphold the rule of law and ensure that the PUBLIC JUSTICE SYSTEM is enabled to function at its full potential. But new Indian culture has inculcated serious virus in this profession in competition to outwit each other by commercially higher & higher earning without segregation for genuine client & criminality of a client.

 

The “Code of Criminal Procedure, 1973”, containing XXXVI chapters, 484 sections, was positioned to play a Principal role in … The criminal justice dispensation. The Cr. PC being a principal instrument highly relies upon system of EVIDENCE. … This is to be collected -synchronized -constructed and brought before Judicial Magistracy by the executive Police system, who in turn function under the… Political Governance. The British Era of 200 hundreds had provision for participation of Jury team in the superior courts. Jury team used to comprise 12 to 18-23 members for contribution/ constructing judicial verdict by using larger number of minds achieving ultimate objectivity of Justice dispensations. It is an established natural fact .. that an individual will have its own limitations of thought process in a given situation and a team of professionally competent citizens, enjoying impeccable social record, could play significant role in justice dispensation… The Executive & Judicial system in Punjab under the rule of Maharaja Ranjit Singh between 1799 – 1839 … proved to be one of the best models in the world. The Law & Order was so affective, that not a single individual qualified for an award of capital (death) punishment in his regime.

 

JURY:… The Indian General public is not much aware of the values under this concept. .. The Jurors are selected from a jury pool formed for a specified period of time from list of citizens living in the jurisdiction of the court… A jury is a sworn body of people convened to render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. In each court district where a grand jury is required, a group of citizens hold an inquiry on criminal complaints brought by the prosecutor deciding, whether a trial is warranted, in which case, an indictment is issued. .. Juries were formerly used in India up … until KM Nanavati v State of Maharashtra (1959), which was used for the abolition of jury trials. The famed case, had Mr K.M. Nanavati who was tried for the murder of his wife Sylvia’s paramour, Prem Ahuja. The Government encountered unprecedented media coverage and single case was referred for closing chapter of jury trial systems in India!

 

The advantages of a jury… system were never highlighted judicially by “new young India” for their own personalized-individualistic wisdom. The Juries otherwise represented the common public and therefore were judging in line with generally accepted values of the society. Discussions among juries could lead to more thorough consideration of all aspects of the case. It is stated that it may have been difficult to corrupt.. 12 Jurors than to one/two judges. A few disadvantages of a jury system brought forward were technically not that significant for abolishing the JURY system, in reality there may be many other political reasons. The fault line should have been considered to be corrected in Jury system. … Juries allegedly could be swayed by the current prejudices in the society, which are not supported by law but this can happen more dangerously with single judge. … British had reasons for Jury system involving local team of Jurist to guide “English born” in better decision making but New India wanted to bring in new Governance chemistry. The mind of new Indian leadership may have found better scope and convenience to influence single/double judge than poaching for more than a dozen Jury members. Hence the case 1959 appears to be just merely an excuse for own agenda to misdirect public debate. The wish of Judicial working on the lines of British Lordships is good dream but .. English borne are heard to have displayed better – superior justice orientations.

 

The mother of criminal Justice … based on Cr.PC has encountered numerous fault lines in practical ground operations in India. The statement u/s 161 is recorded by Police but is not admissible in the court. The district Police head is delegated Powers of District Magistrate in discharge of public duties while presenting Challan in the court. .. Police function under Political Governance system is another fact The u/s 164 provide for recording of statement before Magistrate but .. again Police continue to have major role to be played in facilitation of statement recordings. The role of FIR, event site map, Inquest report, arrest of accused, recovery of weapon, medical examination, case summary.. are all within domain of POLICE and… will always be found playing suspicious role for award of punishment to the culprit.

 

The Punjab Police system initially had … Prosecuting Police Inspector different than Investigating Police Inspector. Now both jobs are designed to be carried out by one Police -Station House Officer. How an SHO is compelled to work in a particular political environment… is well known to everyone. The legal personalities known as advocate are sworn to facilitate JUSTICE assisting COURT for fulfillment of the holistic duty. … Society knows the actual levels reached by advocates defending worst to worst for the .. sake of MONEY though the concept of justice is lost at that very stage. There are hardly …. rarest of rare when an advocate is heard to have declined case on the basis of known criminality of a person. The techniques found out by them kills reformist actions of well meaning judicial authorities. India introduced summary trial u/s 138 under negotiable instrument act to be settled in less than a year’s time. This too has been abused to be reduced to other cases consuming time. One of sample case for this act took 11 years with delaying tactic invented by ….. The .. opposite counsel

 

The abolishing of Jury system prima facie appears to have been bad action in 1961, the introduction of Cr.PC /1973 thought to be delivering JUSTICE also failed …allegedly by Police or by Political Governance but ….who are they in all institutions, our own known …friends…..relatives… put on vicious cycle of money…power race at the behest of ever increasing consumer demands of families and partially satisfying ego to down another family or family member of the society. .. Sir to lords to Majesties got their … cause list justifying trendzs of distortions in the ethic of society. PUNJAB was not known what all is being … talked-heard-seen moving fast to compromising so many for small life without enough resistance. …Worthy court will take notice for judgment on the material presented before them by the Police. The POLICE can help in minimizing the crime graph, but cannot stop them unless collective consciousness do not wake up to the HERITAGE VALUES.. discouraging younger generations not to follow PATH OF DESTRUCTION despite having numerous life challenges. The new generations are in much better conditions once faced by elders during JOURNEY OF LIFE; living -hiding in forest for the sake of certain principals taught by Guru Nanak Sahib to Guru Gobind Singh ji..to Baba Banda Singh Bahadur. Let this simple thought process be shared with co citizens for WAKE UP CALL, suggesting the worthy COURTS to be dispensing………………….better JUSTICE and assuming the work being COURT OF LAW & JUSTICE … for the sake of saving humanity.

Article Posted on babaushahi.com : 2015-04-22 

By Nirmal Singh Keerka, Punjab Heritage & Education Foundation

Email : gnanaktimes2aajtak@gmail.com 

Updated: October 29, 2017 — 7:04 pm
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