Opinion | Judicial Perversion

Injustice Anywhere is a threat to justice everywhere is a well known quote of Martin Luther. But if injustice prevails in the system from which people hope to get justice, then what will be it’s result or consequences. Justice system must be that which is supposed to protect and serve all by delivering fair justice. People have faith in justice system, it can be analysed from this statement, “I will see you in court now!” this reflects the belief of people in judiciary. A common man believes that if no one, but judiciary can bring justice. But there is also one more famous statement that approaching to the court is wastage of time and money. Now to think about the above two different situations is that which among them stands correct? People have expectations from the judiciary but pendency, unfair trails, partiality, corruption, nepotism, wrongful convictions has certainly increased over the years. People turn to the judiciary as a last hope but due to numerous drawbacks, the things in judicary are getting increasingly disturbing and one is unfortunately not in a position to say that all is well with the judiciary. Not only democracy or any Constitution points out the importance of justice but religions also stress upon the people to stand against injustice and to stand with the oppressed. The Indian Constitution promises to it’s citizens freedom and equality along with the social, economic and political and religious justice. But the time is evident that the delivery of justice to the people of India is absent. There are various judgments of courts that are against the public policy or general notions of justice, they generally have scandalous element in them and are so horrific by which people remain shocked for decades to come. Man is an unpredictable creature as per his necessities and desires it is also obvious that crimes can never be eradicated. This is where the judiciary has to serve it’s purpose. Only impartial and independent judiciary can protect the rights of individuals an can provide equal justice without fear and favour and also play it’s role in supression of crimes. But the fundamental structure of courts is not upto dated for fair equity and justice. The Indian courts functions with the most openly biased system of senior engagement that rewards a face value rather than the competency of an advocate representing the case of a client. Indian judiciary is getting political used , political system is using judiciary for fulfilling their manifesto. People have firm faith in justice system for equal and fair results, but how far the judiciary has discharged it’s responsibilities? To a larger extend the courts decision is based on arguments presented, so the quality of judgment significantly depend on the caliber and integrity of advocates which at times becomes the point on which the jurists or legal luminaries raise their fingers. People believe in judiciary because for each and everything they knock the door of courts from lower to higher court and it is prime responsibility of courts that pronouncement must be based on facts, application of laws, fundamental principles of constitution and not according to the whims and wishes of the judge. To remain under trial is alright for those who have committed crimes but it is injustice for an innocent accused to spent more time in prison just for waiting for his trial. Moreover all the expenses, pain and agony that are faced by them to defend themselves is more worse. The judiciary needs to take measures to strengthen its short comming and to be capable enough to perform all its functions. The pendency of a suit and expensive road to avail justice is also the unfair sign of justice system, measures should be taken for a sound judicial system. Judicial systems is polluted with the corruption practices and the long pendency of trails subvert the facts, evidences and hence leads to weakining of the whole trial on the basis of justice. When a victim moves toward the court for justice, he expects easy and fair delivery of justice there, but there he faces many injustices by the practices of advocates, judges and the administrative staff of the courts. It is the fact that now-a-days courts are meant for making money not for bringing justice, not for saving innocent and to punish criminal, People’s emotions are played with. Work is done to grab money but not to bring justice. Court use to confuse people in time and play with their sentiments. Many times court fails to examine who is innocent and who is the real accused. I have read a novel by John Grisham titled, “The Confession” that, “an innocent man is days from execution. Only a guilty man can save him. But it is the duty of the court to find who is guilty in real sense.” For every innocent man sent to prison, there is a gulty one left outside. Court fails to recognise the wrong man and innocent faces the all agony and guilty one can’t believe his good luck. Time passes, he realises that the mistake will not be corrected because a person once acquitted or convicted can’t be tried back for the same offence. The authorities believe in the case and convict the innocent one and acquit guilty one and guilty one may even watch the trial of the person wrongly convict of his crime and this reflects the riability of justice system. Coming across incidents like killing of an under-trial in the court itself and lynching the suspected thief  to death depicts that how frustrated the accused persons are while the they undergo from the trial in our judicial system. People are slowly loosing faith on the judiciary and are taking law in their hands which is highly miserable. Wrongful convictions are the indications of dubious justice system. It makes us to doubt the very foundation of our judicial system leading us to wonder how it can be faulty. Wrongful convictions harm people’s lives as well as their families, it becomes difficult for them to find work and build friendly atmosphere around themselves. In the case of Vishnu Tiwari v. State of U.P (2001), injustice was done by the hands of judiciary itself. When Vishnu Tiwari was accused of rape, he was just 23 yrs old, he lacked the financial resources to defend himself and he struggled immensely. He spend 20 yrs in jail and he was turned to 43 yrs when he was acquitted from all the charges and set free as an innocent after being wrongfully convicted. This case has raised serious questions on our judicial system and how it works. After he was set free, he made a statement, “I have been in jail for 20 yrs:- What should I look forward to? My body is broken and so is my family. I only have a younger brother, I am not married. Look at my hands, there are blisters from working in the jail kitchen. Today before leaving I got Rs. 600 from the jail administration.” My contention for the said judgment is that an innocent man lost his 20 years of life for a crime which he never had commited and how can the judge return his precious 20 years of life, as rightly quoted by Blackstone, “it is better that ten guilty escape than one innocent suffers.” Being sentenced to 20 yrs of Wrongful  conviction is the serious infringements  of human rights anf fundamental freedom. Unfortunately our justice system is that where citizens are languishing in prisons as a result of false charges, with no sufficient and effective solutions.

(About Writer : Snober Amin
Law Student at Sopore Law College
Snoberamin024@gmail.com)