SC JUDGE CONCERNED OVER JUSTICE DELAYED Referring to a 178-year-old pending case in Kolkata, Supreme Court judge Justice Balbir Singh Chauhan on Saturday conveyed his concerned over long pending cases in Indian courts questioning whether the country should continue with the judicial system of such nature. He said that India is unconcerned about the delayed court judgements. Contrarily, a national debate has been sparked in United States after the delivery of a judgement after 27 years. “When we shall wake up,” said Justice Chauhan. He was speaking at an inauguration ceremony of the new complex of CBI courts at Ghaziabad. Citing a divorce case in which the judgement was delivered after years, Justice Singh said Indian litigants are terribly suffering due to the delayed justice. “When the judgement was delivered the age of wife 85 years and husband was 87,” he said, adding that finally the old couple got justice in their late eighties. He recollected a case when he was hearing a SLP in the Supreme Court against the revision of a high court. The high court revision was against the judgement of Privy Council delivered in 1923. The case is still pending in civil courts at Agra. Showing his concern about the delayed justice, the Supreme Court judge claimed that although TADA law has been abolished, the Supreme Court is still hearing the appeals of the convicted persons who are facing the imprisonment for the last 22 to 23 years. Giving another example, the Supreme Court judge claimed that the Supreme Court is hearing an appeal in a case in which seven persons were convicted 35 years ago. “Out of seven convicted persons, five had died and one person was acquitted by a lower court. The Supreme Court is hearing the appeal of a lone survivor who is now 98 years old. Where should we send him?” said the judge. On the occasion, Chief justice of Allahabad High Court Justice Shiv Kirti Singh, Administrative judge of Allahabad High Court and district judge Ghaziabad along with about 100 judicial officers of the adjoining districts who were present. Citing another case where the cases is still lingering in the court, Justice Chauhan said a case pertaining to declaration of the legal heir of a royal family of Bengal, which was filed in 1946 after a prince was administered poison by the step mother to make her own son the legal heir of the throne is still being heard in the court. “The prince survived after his body was flown in to the river as a custom. His body was taken out from the river by the snake charmers and the prince remained with them for quite a long time. After some time the prince reached his capital and claimed to be the legal heir of the throne,” he told. He further stated dispute arose between the rivals and case was filed in 1946. “This case is still pending and the price is dead now. After the partition the princely state has gone to Bangladesh,” he said. Stating about the quality of justice, the Supreme Court judge further cited another case, which he heard himself in the Supreme Court. The case was that a woman (the second wife of a landlord) claimed the rights for her children in 1956. The case was heard by the district and sessions court, Allahabad High Court and finally reached to the Supreme Court. After going through the files, he found that as per record available on file her first son was born before the birth of her mother, her second son was born when the mother was three years old and her third son was born when she was five years old and fourth son was born when she was eight year old. “No judge could notice such a lapse in the case at two major levels-district court and high court,” he said posing query to the gathering adding who is responsible for such lapse? Praising Mahamana Madan Mohan Malviya, Justice Chauhan said he was such an eminent lawyer but he did not opt to practice as profession. He contested one case -Chauri Chaura case, which occurred in 1930 in which 220 people were convicted to death. “Madan Malviya appeared in the case on the special requests of the social activists. Through his arguments, 170 people were acquitted and Chief Justice Giri Moth, in the judgement mentioned that “This country has not produce lawyer like Madan Mohan Malviya”. In lighter vein, the judge commenting on the deteriorating profession ethics among lawyer, he said, “Paida hua vakil to shaitaan ne kahaa, ki aaj hum bhee sahibe aulaad ho gaye (When lawyer was born, Satan said I have become a parent)”. Justice said also suggested that the order 21 and 22 and rule (4) and (6) of CPC should be abolished and the petition should file an affidavit stating that he does not hope to avail justice in his life time so he was appointing the heir to his next person.
Posted on: Fri, 27 Sep 2013 04:50:51 +0000