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| Though Constitution has guarantees but not provided | | |
Er. Jitender Kohli
Our nation has many
more religions, regions, languages, customs, faiths but have one thing in common that they trust Judiciary when they fail from all sides shouts to say "I will see you in court". Each politician or victim seek enquiry under the jurisdiction of court thus with full confidence and undamaged trust the each moves to court. The initial days boosts their confidence that they will soon get the justice and will see the excesses to vanish and the culprits punished. Slowly but surely frustration starts hounding the victim being swinging between Advocates chamber to Court rooms and between police stations and the variant doors and tables to get that proven which they said in court. Advocates boost their confidence assuring justice for them if the victim manages to bring documents and the culprits to the court. Victim follows the court notices to the concerned Police Stations for its services to the culprits. Very rarely these notices are served in short time as mostly these are returned with a report as concerned is not available at the address. Victim again follows the fresh notices and gets the similar reports. Months hectic efforts finally bring fruit of the notice as served may be after pasting on culprit's door, published in newspapers or with court arrest warrants. These months kills most of enthuse of the victim to get justice. The case at last starts contestation. Culprits continue delay tactics, longer dates, excuses for non-appearances, production of documents and witnesses. This process stretches years together for the victim to get justice. Some die, some fail to manage finance to continue, some lose faith in court and leave the case unintentionally.
Even if one gets justice the other process starts for implementation and many face another process of appeals in the next higher courts. Again many years are consumed to contest.
Can one deny that the age of the victim is consumed by these cases by shuttling from home to court and back? Can one deny that the victim is to burn hard earn money of life on these doors? Who will deny that a generation of the family is damaged as the victim has consumed that finance which could be utilized for the career making of the children of that victim family? Why the failure of services of the notices is not taken seriously? Why the concerned authorities not asked for the failure of service or for delay? Why the skipping of court hearings not noticed seriously? Why the failure of witness appearance or their delay not treated as offence? Why the hostile alligator, witness not booked for fooling courts? Why the delay of charge-sheeting, avoiding or delaying lodging or recording of FIR, viewed as unlawful? Why the maintenance allowances to the victim women delayed for months to years for accordance and implementation? Why the married woman is not permitted to live in matrimonial home till the cases are settled? Why the time bound cases are not initiated? Though Constitution has guarantees but not provided. All such questions can be defused if the Honourable Courts are really serious to handle the cases with intension of earliest disposal, keeping eye on its instructions obeyed and implemented and the political influence and higher status of the society people treated at par as the constitution ensure. |
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