Monday, March 21

When ‘Fundamental Rights’are butchered by death of a Judge.


An accused is in judicial custody since last 6 months; files Bail Application; when all the co-accused had been released on Bail. So, the accused in all likelihood will be released on the basis of the principle of parity.

          An villager lady while weeping pleads with Advocate to get released his innocent sir, so that he can attend the marriage of a close relative, as the relative will enquire about the reasons of absence of her son.

On the 1st date of hearing a Judge expires therefore the entire judicial work was suspended, therefore, the matter was fixed next day, but next day also the judges decided to keep half-day work suspend. So the matter was fixed for hearing after lunch, but then Lawyers were inconvenient and therefore had no mood to come to court after lunch, therefore the Association of Lawyers also decided to have kept the judicial work suspended for the rest of half day. Instructions were issued to all lawyers not to appear before court. Again one more date of hearing (after 10 days). However, 3rd time also the judges were required to attend Full Court Reference to mourn the death of the same judge who had become the cause of earlier two adjournments, therefore, now all cases supposed to be heard after lunch are adjourned. The case of this accused is also going to be listed after almost one month, half month has already lapsed and the hopes of a mother to see his son released on Holi are also shattered. And, mind it, every accused till proved guilty is presumed innocent.

If this accused is acquitted and in all likelihood he will be acquitted, then who will be responsible for loss of his precious liberty for more than 8 months; during judicial custody? The death of a Judge has completely butchered all the Fundamental Rights of a person. Death has to be mourned, but not at the cost of Fundamental Rights of thousands of citizens. Rather, the judges should unite to put their joint efforts to work over-time for disposal of the cases of the deceased judge and weep after court hours and consol the family members of deceased; if they are so over-whelmed at the death of brother judge. If we consider that on an average a judge hears 100 cases each day then if 60 courts adjourn matters, more than 6000 cases are adjourned; which will impact all public/officials connected with 6000 cases and in such situation even God too must be mourning the death of a judge, when He sees how the public has been deprived of justice. It appears that the death of a judge has caused the death of the justice itself.

No comments:

Post a Comment