Two more SC judges are due to retire this month. Appointment to the Supreme Court and high courts are done by the collegium of the top court. But judges in the subordinate courts are appointed by the state high court.
The stand-off between the government and the Supreme Court collegium over a memorandum of procedure has made things worse for judicial appointments in the higher judiciary. While the judiciary has been targeting the government over appointment of judges in the Supreme Court and high courts, it could well be held responsible for the huge vacancy of subordinate court judges.
In , Justice VV Rao of the Andhra Pradesh high court said it would take years for the Indian judiciary to clear the millions of pending cases. This is primarily due to poor-judge-population ratio. With a sanctioned strength of 21,odd judges, subordinate courts are under tremendous pressure as almost a quarter of the posts remain vacant, thanks to lack of advance planning and a poor recruitment policy. Despite the Law Commission and the Supreme Court recommending that India should have 50 judges per one million people, the ratio continues to be abysmally low at 17 judges per one million people.
This is nothing compared to the US, the UK and Australia which have a judge-population ratio of , 51 and 41 respectively. The Department of Justice has said the problem of shortage of judges is being addressed through a two-pronged strategy. Firstly, by filling up a large number of vacancies and secondly, increasing the sanctioned strength of judges.
Even by conservative estimates, the number of cases reaching courts will touch 15 crores, requiring at least 75, judges in the next three decades, the report said. Finally, it is Indian Judiciary system that is to be blamed bluntly without any arguments. It is not giving enough importance that it should give to resolve the problem. If proper care is taken, the government can expedite and solve long-pending cases before a plaintiff dies without getting any justice.
People should not hesitate to call the attitude of the government which is leading the country more criminal side and showing absolute negligence towards the innocent citizens. Your email address will not be published. Home Essay Writing Essay Justice Delayed is Justice Denied. Why the Indian Government is so negligent in providing justice to the poor.
With the statistics available in the legal gazette — we have grave facts unearthed. Express your own opinions what else would you suggest to contain the ever persistent problem.
Highlights of why — Justice Delayed is Justice Denied: The arrears are mounting and new appointments are not being made. If the above mentioned argument is taken into consideration, one will reach to the conclusion that indeed the judiciary has pursued many cases which were unthinkable before this judicial activism like the Rental Power case, the Mehran gate case,the Memo gate case, the Mushrraf case, the Shahzahib murder case and such others.
But one can ask whether the activism of judiciary provides any relief to the common people. The answer is big no! The reason is crystal clear: So, it is a Sisyphean task to expect swift justice under the given circumstances. Unless the underlying causes of the failure of judicial system are sorted out, the problem of delayed justice will not die down.
This law was promulgated when Pakistan was plagued with the peril of sectarianism. Today, circumstances have changed for worse, as the country is grappling with the burgeoning menace of terrorism, so the law has no teeth to apprehend the would-be terrorist. For example, according to a report of the superior judiciary, it was evaluated that over the would-be terrorists who were caught on the charges of terrorism between and were acquitted owing to this law.
The main problem of this act is that it solely relies on the eye witness, whereas it gives minor importance to modern forensic evidence like DNA report which is the most authentic evidence in modern world.
Because of over reliance on the evidence of the eye witness, many people do not get justice. As a consequence, they look for parallel judicial system which is swift and cheap. Another reason behind the failure of judicial system can be traced to the lack of professionalism of the law enforcement agencies in collection of evidence. It is no denying fact that law enforcement agencies have no training regarding the collection of forensic evidence which may convict a perpetrator of a crime.
For instance, a high court acquitted nine nominated criminals in a case of an army surgeon general in The judge of the case, Justice Akhlaq Hussain, stated that prosecution had miserably failed to produce any evidence against the nominated criminals. This is because the police could not collect proper evidence to put criminals behind the bars. Likewise, the cases against Ajmal pahari, the killer of over people, and Kamran maduri, the well-known assassin of the policemen, did not proceed as the police failed to provide any authentic evidence against them.
But sometimes the required evidences or eye witnesses are available with the authority concerned, yet people do not get justice. The reason is crystal-clear: He was murdered while reporting in a sensitive area. However, his killers were identified by some eye witnesses and some evidences were collected against them. But instead of securing evidences and providing protection the eye witnesses, the police remained apathetic to the case. As a consequence, all the evidences were willfully destroyed and all the eye witnesses were deliberately allowed to be killed.
Besides this, there is a great need of investment in the judicial sector. And unfortunately the judicial sector is the lowest investment sector.
The salaries of the lower court judges are lower than those of the higher and superior courts. Moreover, the deteriorating infrastructures like dilapidated buildings and rickety transportation facilities for prisoners are some of the problems of the judiciary that is struggling to dispense justice to the people with in its meager resources.
Finally, the security of the judges is also one of the factors of the failure of judiciary. Judges in lower and high courts are not provided proper security. They are either intimidated or harassed. For example, the judge who sentenced life imprisonment to Mumtaz Qadri , the murderer of governor Punjab Salman Taseer, was harassed by lawyers who even entered his chamber to kill him, but luckily he escaped unhurt.
Eventually, he left the county along with his family owing to death threats. This was the high profile case that came to lime light of media; however, there are many cases which are not brought to light in which judges are hounded out or killed.
If the honorable judges are not safe, then how will they dispense even-handed justice to the public? The consequences of the failed judicial system are gravest which can be seen in the form of lawlessness. The glimpse of the lawlessness can be noticed in the increasing mob violence in our society. Every now and again we hear of lynching of the people on the name of theft or dacoity in villages and cities.
Even the alleged people are not dacoit or thief they are lynched on the basis of suspicion. This directs to the common thinking that is brewing in the minds of the people for many years.
People think that since the judiciary has completely failed to provide justice to the people, they have authority to take law into their own hands to punish the criminals.
And ill-luck would have it; this type of vigilante thinking is spreading like wildfire. Failure of judiciary is not limited to the mob violence. The effect of it can be descried in increasing incidents of terrorism. So far many terrorists have been acquitted from the courts owing to the absence of either eye witness or evidence, so the attacks on Mehran Base in Karachi, assault on GHQ in Rawalpindi, intrusion on PAF in Chaklala and invasion on Peshawar Airport indicate that terrorists have become emboldened.
They know that even if they are caught, they will be released by the authority concerned. Thus, their attacks are getting lethal day by day. Last but not least, owing to the failure of judiciary, the support for the parallel judicial system is increasing. In this connection, the growning strength of Penchayat system in the villages of Sindh and Punjab and burgeoning power of the Taliban-type judicial system in Fata, in some parts of Khyberpakhtunkhwa and some pockets of Karachi indicate the coming anarchy.
Nevertheless, it is said it is never too late to mend. So, there is a chance that the judicial system can improve itself. Therefore, following recommendations should be borne in the mind to ameliorate the judiciary: One; the new laws must be introduced and existing laws should be amended.
Pakistan is grappling with the menace of terrorism, so it requires such laws that are compatible with the prevailing situation.
Regarding the existing laws, these laws should be amended in such a way that they should be in line with the present situation. Two; it is the need of the hour that law enforcement agencies ought to enhance their professionalism in handling of substantial evidence to convict the criminals. In order to achieve this, they must improve their training.
Three; the introduction of the witness-protection program is a must. In the cases of Ajmal Pahari, Kamran madhuri and Wali Baber all the eye witnesses were killed systematically because of the absence of the program. Had the program been in place, the killers would have been nabbed.
Four; the investment in judicial sector must be increased. Finally, the security of the judges should be made compulsory. To sum up, the judiciary in Pakistan has miserably failed to provide expeditious and cheap justice to the people because of many reasons.
Thus, the country has fallen into the bottomless pit of chaos. However, if the aforementioned suggestions are taken seriously, the judiciary will improve. Therefore, judiciary must improve its judicial system. It is hoped that it will improve in near future. Originally Posted by sarmadalimahar. Sorry sir i did not know this.
From now on, i won't do this.
In vogue justice delayed is justice denied is a very smooth saying. But it is not as easy to understand without clarification as to what actually is meant by the delay in justice. In between seeking justice and deliverance of justice there are a lot of pre-requisites and formalities of rules and.
Justice delayed and justice denied means that if justice is not carried out right away timely, then even if it is carried out later it is not really justice because there was a period of time when there was a lack of justice. In vogue justice delayed justice denied is a very smooth saying.
Justice delayed is justice denied is a maxim which means that even if remedy against an illegal injury caused is available but not executed in due time, such a situation is comparable to . Justice Delayed Is Justice Denied Essay Sample. There are countless and innumerable arrears in High courts and Supreme Court, and one crore and more in lower courts pending disposal.
Free words essay on JUSTICE DELAYED, JUSTICE DENIED? for school and college students. On 16th December , a young physiotherapy student in New Delhi, India, alighted on a bus bound to her destination. Sometime later. Justice delayed and justice denied means that if justice is not carried out right away timely, then even if it is carried out later it is not really justice because there was a period of time when there was a lack of justice.