Petty politics behind controversy over Yakub death sentence

When other forms of punishment like life sentence are given they are not appealed against repeatedly. Then why should the death sentence be subject to so many representations before carrying it out. After all the Supreme Court is supposed to decide diligently as it does in other cases of punishment. At the most if mercy petition is rejected by the President there should be no further representations at any level. It then becomes a mockery of the whole judicial process.

Above all there were intelligence reports that Yakub was planning an escape. This shows  Yakub did not have any repentance or remorse.

 

@Usha First I am not answerable to questions which my views as posted, don't warrant. I have neither displayed in it any sympathy nor have I expressed any reservations about the Apex Court's decision. To any uncluttered and logical mind it would be just a pointer to what many distinguished judges raised many times in various judicial for a which is judicial delay,even executing Apex Court's own final verdict. So we badly need faster delivery mechanism. You may recall here how the court has been forced to convert a few deserving capital punishments into life imprisonment.

chinmoymukherjee wrote:@Usha First I am not answerable to questions which my views as posted, don't warrant. I have neither displayed in it any sympathy nor have I expressed any reservations about the Apex Court's decision. To any uncluttered and logical mind it would be just a pointer to what many distinguished judges raised many times in various judicial for a which is judicial delay,even executing Apex Court's own final verdict. So we badly need faster delivery mechanism. You may recall here how the court has been forced to convert a few deserving capital punishments into life imprisonment.

That is beyond doubt, we do need a fast justice system and as far as any verdict is concerned, I feel that there is always a slight doubt left because one of the party is going to be the loser ..

 

chinmoymukherjee wrote:@Usha First I am not answerable to questions which my views as posted, don't warrant. I have neither displayed in it any sympathy nor have I expressed any reservations about the Apex Court's decision. To any uncluttered and logical mind it would be just a pointer to what many distinguished judges raised many times in various judicial for a which is judicial delay,even executing Apex Court's own final verdict. So we badly need faster delivery mechanism. You may recall here how the court has been forced to convert a few deserving capital punishments into life imprisonment.

Its an undeniable fact that judiciary needs a fast delivery mechanism.

 

chinmoymukherjee wrote:@Usha First I am not answerable to questions which my views as posted, don't warrant. I have neither displayed in it any sympathy nor have I expressed any reservations about the Apex Court's decision. To any uncluttered and logical mind it would be just a pointer to what many distinguished judges raised many times in various judicial for a which is judicial delay,even executing Apex Court's own final verdict. So we badly need faster delivery mechanism. You may recall here how the court has been forced to convert a few deserving capital punishments into life imprisonment.

I couldn't agree more. Imprisonment for very long period is more severe than death sentence.  A criminal must be punished but the process of delivery of judgment should not be so long that somebody is first jailed for decade and then hanged. 

 

If the person is guilty and spends a long time in the prison , there is at least some justice in that although even that is unfair, but, here we have had cases where innocent people , mostly poor who are unable to pay bail, have been put in jail for years together only to find that they were totally innocent.I feel that the least the government and the courts could do is to pay some monetary compensation for them...It is so pitiable and when you hear of such cases you can only feel anger and frustration over our entire legal and investigating agencies ! 

Justice delayed is Justice denied. Speedy trial is the need of the hour. And in India  lack of Speedy trial is Bane on the Judiciary.

 

There should be no provision for mercy plea as it gives the initiative to politicians. They thus become superior to the judicial system.

This situation is already there. Judiciary is plagued by the interference of politicians, thus weakening the Judicial system. Regarding not having the  the provision for mercy pleas, I don't know if the constitution allows.

 

Speed is the hallmark of any progressive judicial system- not undue haste or insensitive delays.Life and death of a person hangs on a judicial verdict.Under no circumstances or pretext it should suffer delays. I was happy that SC set a precedent by working all night to dispose of the last plea.Why can't other courts similarly show urgency in disposal of cases which have been before them for eternity. I think there should be some radical steps to stem the rot. When a rich with deep pockets takes on a poor without pockets,everyone knows how badly the poor would lose"

Very true. It happened for the first time in the Judicial system of India. To dispose of the last plea of Yakub Memon SC has worked all night till the wee hours of the day. I sincerely hope this trend paves the way for speedy delivery.

 

@Usha The idea of monetary compensation is a laudable one but don't work well in certain cases.Talking about a just judicial dispensation Indian system has been hijacked by vested interests.The CJI of Calcutta High Court has been embroiled in a running war with members of bar council in her bid to improve Work Culture among its members! The ruling party goons masquerading as lawyers are out to disrupt the proceedings of subordinate courts,demanding transfer of judges!!

Judges sitting overtime during late hours is not something that can be a routine exercise. They did this just for yakub Menon. What we need is complete overhaul of the entire judical system including prosecution and investigation wings of police.  The increasing number of crimes is also responsible for undue burden on courts.  Hence, it is necessary to reduce number of cases. For this I.P.C. also needs change. There are many offences that can be decriminialized. any breach of laW that does not harm any person or state meed not be considered as punishable or criminal offence. 

Though not working late hours, to increase the fast dispensing of cases, I feel some alternative measures can be thought of. I for one feel The Court Holidays can be reduced. This is just my idea. The feasibility part can be examined by the experts.On the whole the judiciary system needs urgently a thorough overhauling.

 

rambabu wrote:

Though not working late hours, to increase the fast dispensing of cases, I feel some alternative measures can be thought of. I for one feel The Court Holidays can be reduced. This is just my idea. The feasibility part can be examined by the experts.On the whole the judiciary system needs urgently a thorough overhauling.

 

Mere increasin working hours will not help. There is a limit to every one's capacity. Moreover, it is not just the judges or courts but the prosecution and investigation wings of police that work together.  So if police takes more time to investigate the cases and provide evidence, it will be no use courts working extra hours.  Also extraordinary rise in crimes increases work load al around and so delay in justice is bound to happen. 

 

 

More number of courts/judges should be made. Also adequate notice for trial to begin should be given after which there should be no adjournments. The Latter are so easily obtained and are a major cause of delays taking place. The rich and influential almost always get adjournments at the drop of a hat. Note how the rich and politicians invariably suffer chest pain when they are arrested and need to be admitted to a hospital where they can be in control of  the situation. The police force should also have more persons involved in investigative work.

A pertinent point you raised. How the rich and politicians invariably get adjournments is very true And I totally agree with you as far as your suggestions are concerned,

 

@Gulshanji

It is doubtless trure that we need a thorough overhaul of the system,creating

additional infrastructure matching our bourgeoning population using latest technologies to impart greater dynamism and humaneness into the entire process.I completely agree with Ujjal Nikam,the noted lawyer,when he advocates a time limit to complete the process of cross examination.In civil cases the rampancy of corruption among lawyers is an established fact particulary in lower courts.The judges liberally grant adjournments to the detriment and disadvantage of some poor litigants while some unscrupulous lawyers make tidy packets!

 

Gulshan Kumar Ajmani wrote:

rambabu wrote:

Though not working late hours, to increase the fast dispensing of cases, I feel some alternative measures can be thought of. I for one feel The Court Holidays can be reduced. This is just my idea. The feasibility part can be examined by the experts.On the whole the judiciary system needs urgently a thorough overhauling.

 

Mere increasin working hours will not help. There is a limit to every one's capacity. Moreover, it is not just the judges or courts but the prosecution and investigation wings of police that work together.  So if police takes more time to investigate the cases and provide evidence, it will be no use courts working extra hours.  Also extraordinary rise in crimes increases work load al around and so delay in justice is bound to happen. 

 

What is the need of long summer holidays (almost 50 days) for Indian courts is beyond my knowledge. They are probably following the British system as Britishers trying to escape the Indian hot weather conditions used to go back to England or spent their holidays in Hill resorts. same is true for winter holidays, the courts remain closed for 15 days (Christmas and New Year) in the month of December (starting 15th December) and open in first week of January. Besides, postponing a case and getting a date is as easy for influential/moneyed people as 1-2-3. All cases should be time bound and guilty in helping lingering on cases should be made responsible and punishable too.