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Posted by Ananya Mondal

Justice Delayed is Justice Denied

“Justice delayed is justice denied” – the very popular phrase in the Indian Judiciary. Justice is followed by the very evidence, but not by the very facts. And it is impossible to know the facts without concrete proof or any evidences. The court of law can only come to the decision, when there is enough reasons and evidences to believe something, otherwise the court cannot come to a decision because that is contrary to the rule of law.Judiciary has to follow the Constitution of India for fair justice. But no doubt, there are enough reasons thatdeliberately lead the delay of justice.

Inadequate Strength of the Judges

It is known to everyone that India is a populated country. Like the high population, the number of the problems and crisis is also big. The main problem in Indian Judiciary is a large number of cases and lack of judges. On one hand, only the number of pending cases is increasing day by day, and on the other hand,the issuesarenot resolving. A single judge has to deal with so many caseseveryday. That is why one judge cannot attain each and every case and cannot pass judgement immediately for every case. However, the judgement is being delayed.

Disappointing Infrastructure of the Lower Courts

Though the infrastructureof the Supreme Court and theHigh Courts are well, but most the lower courts have the infrastructure that deals with low quality. Most of the buildings of lower courts are very old andthere is no sufficient space in some courts. There are lack of physical facilities and some courts have no good library and security. Legal profession is a novel profession and lawyers should work in independent wayto establish the very justice in the court of law. But such disappointing infrastructure of the lower courts create an environment that obstructs the lawyers to work in the right way.

Corruption in the Legal System

Corruption, one of the main reasons, plays a pivotal role, for delaying the court proceedings and to get the justice. Many powerful people like politicians, riches interfere and influence the justice. They instigate the advocates by giving bribes to delay justice for their personal interest and some advocates are also able to erase the truth by delaying the justice in exchange of money for gaining extra profit. Sometimes, the judges also take bribes from one party and delay court proceedings for the interest of that party. Delay in justice actuallyerases the evidences and change the facts of the cases.

Delay of the Works of Investigation Agency

Delay of the investigation agency is another important reason for the delay of justice. Some police don’t obey their duties completely. After giving bail to the accused, they can’t investigate properly as the accused persons have already erase the evidences. Sometimes, the police take bribes from the powerful party and release the accused. Thus, many accused, committed heinous crimes,get bail easily. And on other side, in some cases, the policebeat the innocent personswithout any strong evidence. Even police hide the facts and evidences, submit wrong charge sheet and leads the court into the wrong direction.Thus, the delay of work of the investigation agency delays to get justice.

Remedies Available to Speed up the Proceedings

The newly filing cases of everyday is only increasing the number of pending cases in the lack of courts. It is the high time to increase the number of the courts.It is also noted that there is the requirement of appointment of new judges to attainevery case.Thebuildingsfor the courts should be improved and the infrastructure and facilities should be developed to attract the lawyers to the court proceedings. The investigating agency should obey their duties and they must keep in mind that the steps and actions, they take, play the vital role in any case to get justice. Corruption comes in Judiciary only when the officials and other members of Judiciary allow it. It should be remembered that the Judiciary is one of the important parts of the Government and the every professional, involved with Judiciary, should follow the law and lead to get the very justice

25 Aug 2020
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