RAJ PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Dash, J. Justice is the most precious concern of mankind. To achieve it person wronged approaches the Court established by law. He expects the wrong to be redressed within reasonable time and with minimum expense. But if judicial process becomes an instrument of oppression and makes a litigant run for justice for years' together, it will affect people's faith in the efficacy of law and ultimately rule of law will be a casualty. Needless to say, various laws prevailing in our country most of which are borrowed from British have become sterile and on account of cumbersome procedure, they have not been able to subvert injustice. For the poor to approach the law Court to vindicate their rights violated by the rich and influential has almost become impossible. It is only the rich who are benefited by the prevailing laws. In this context, it is apposite to refer to what Justice Brennan of the Supreme Court of America once said". . . . . when only the rich can enjoy the law, as doubtful luxury, and the poor who need it most, cannot have it because its expense puts it beyond their reach the threat to the contained existence of free democracy is not imaginary but very real, because democracy's very life depends upon making the machinery of justice so effective that every citizen shall believe in and benefit its impartiality and fairness. "

(2.) HARDENED criminals, hoodlums, rubbers and bootleggers committing heinous crimes go scot-free. Our prevailing laws have not been effective to punish them. Legal statisticians say that only 3% cases end in conviction. For this, entire blame should not go to the prosecuting agency only. Judiciary has to share it mainly because of delayed adjudicatory process. It is a known fact, a criminal case takes more than a decade for adjudication in the Court of first instance. True it is, our subordinate Courts are heavily burdened with large number of cases and there are mounting arrears. To over come this problem, the apathy of the Government in not increasing the strength of the officers and providing necessary infrastructure cannot be countenanced. At the same time judiciary cannot be absolved of the liability to discharge its statutory function in dispensing justice within reasonable time. On account of slow movement of the justice delivery system, year old cases are lying in racks and no endeavour is make to finally being them to a close. Litigants run to the Courts for years together and at last give up hope to get justice. Unhesitatingly adjournments are allowed on flimsy grounds and presiding officer lacks sincerity to decide year old cases on priority basis. Frequent lawyers' strike is also one of the causes for delayed trial. There is hardly any reason for the lawyers to give strike call. Professional ethics are thrown to winds. It is seen that in some districts subordinate Courts worked for about three months in a year and the remaining months the Courts did not function on account of lawyers' strike. There is absolutely no feeling for the litigants for whose benefit the judicial system has been created and is existing. It should not be forgotten that without active assistance of the Bar, dispensation of justice would be almost impossible. Responsibility of both Bench and Bar is joint and inseparable and if they lack sincerity in fulfilling the desire of the litigants, judicial system, on which the people have implicit faith and confidence will collapse leading to social chaos.

(3.) IN view of the discussions made the criminal misc. application fails and the same is dismissed.