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.
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