Delay in criminal justice

Just read a report in today’s Times of India regarding bail to 2 person accused of a murder conspiracy in Maharashtra – this comes after they having spent 11 years of their lives in jail. Apparently, the prosecution hasn’t been able to produce any evidence against these accused. Again, it is only bail – the conviction or acquittal may take many more years.

It takes years and years for cases to come up for hearing, evidence, arguments, decisions and what not. Thereafter starts the cycle for appeals and reviews.

Criminal litigation in India seems to be an endless process.

This state of criminal justice system in India is regrettable and definitely does not do any good for public image of judiciary and legal profession.

We are observing common people being imprisoned on slightest of allegations. The fundamental rights to life, liberty, dignity are being violated time and again.

Does anyone give a thought to what happens to a person imprisoned for no fault or without any proof of his wrongdoing?

A long-imprisoned person invariably spends the prime of his life away from his family. His family suffers irretrievable insult, ridicule and pariah status in the society forever. Many a times, they have to relocate to another place, find another job. No one wants to marry in that family. When a person comes out of jail, it is tough or almost impossible for him to find a job. No one trusts this person any more.

More than an individual, an entire family bears the brunt of any mistakes or misdeeds on part of our criminal justice system.

Shouldn’t the police officers, investigating agencies, legal professionals, judicial officers be held accountable for such delays or mishandling? All share the blame for whatever is wrong with our legal system in India.

There is a growing perception that those who can afford have an expedited access to justice  (high profile politicians, businessmen, celebrities) whereas there is no one to help common citizen.  The trust in the judicial system should not be allowed to erode.

Given an option, no one wants to approach police or a court because of the speed of justice – no sufferer, no witness.

This needs to change. It better change.

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