WHERE IS THE JUSTICE
AUTHOR: ASHUTOSH KUMAR
ABSTRACT BY NARENDER /300
The abstract overviews the article Where’s Justice, Your Honour.
The efficiency of the Judicial system in India is not appreciated by a common man because of many problems, which include dragging of cases for years, witnesses turning hostile, failure on the part of the police in producing concrete evidence etc, which finally lead to the acquittal of the accused.
In Jessica Lal murder case, the accused walked away scot-free, with which the spot light fell on the plight of the Plaintiffs and in this case, people know that the murder took place in a public place but the witnesses turned hostile, which resulted in the acquittal of the accused. However a wide spread public outrage initiated a new beginning to the case.
In our country only one percent of the accused are convicted and rest walk away Scot –
According to a senior High court Lawyer 90 percent of the criminal law suits filed by the victims or their relatives are genuine. A retired high court judge feels that for maintaining an efficient judicial system a number of civil and criminal laws should be changed..
One of them in criminal law, which needs immediate attention, is that, which prevents victims or their families from choosing their lawyers. In our system they have to depend on the ability of the Public prosecutor only...Whereas the accused hires a very good lawyer.
In our country a good lawyer with good practice is not attracted to the post of a public prosecutor, whose salaries are not attractive.
Further corruption in our society creates hurdle in the process of the delivery of the justice and finally the accused is benefited.
Our criminal law deems that the accused to be innocent till proved guilty, which is quite in contrast to the law in France, where every accused is guilty unless proved innocent
The theory on which our criminal law is based is also helping the accused in getting acquitted easily.