The Law which rightly speaks about the collective organization of the individual right to lawful defence
- 1. “Justice delayed is Justice Denied, but is Justice Hurried, Justice Buried?” The Law which rightly speaks about the collective organization of the individual right to lawful defence. The law is justice. Nothing can be more clear and simple, more perfectly defined and bounced or more visible to every eye; for justice is a given quantity, immutable and unchangeable, and which admits of neither increase nor diminutions. Looking forward for justice people of India go to courts for a fair justice to their dues (problems). In Indian Jurisprudence, in the decision of Maneka Gandhi vsUnion of India1 it was held that law must be fair, just, and reasonable. Well when a citizen comes for justice to the court it takes a lot of time to give justice ; and till justice is given the purposefor which just was appealed would have perished. There comes the quote “justicedelayed is justice denied.” As Indian justice system goes hand in hand with facts, arguments, moral values, laws, documents, and investigations process, it consumes a lot of time to come to a reasonable judgement (solution). To get justice; people appeal in the district court, then in high court and then in supreme court of India if they don’t get the desired judgement/ want. And in this process the case runs for a longer period time by looking into the facts, arguments, morals and other co- materials. So I stand up with an alternative remedy which is available. When the citizen of India would have any problem regarding which it has to go the court; before going to the court of law, it may go to the Law and Order Court where the facts, documents, evidence, and investigations will be done at the rootlevel and as well as in the god level. So, that when a personappeals in the court of law, there only the arguments with implementation of law will be taken place. So that judgement/ justice is given at a reasonable period of time. Example: - if a personis appealing for his pension’s money in the year 2003 and he gets justice in the year 2015, then this 12 years of pain, time is not reasonable because the pain which the personhas faced to get his hard earned pension money from last twelve years cannot be returned and is unreasonable. So the justice system is delayed and to fasten the present legal system we must come forward with Lawyers and Judges who will be presenting and finalizing the facts and other co- materials for the district and higher courts; for quick justice. 1 Maneka Gandhi Union of India 1978 AIR 597, 1978 SCR (2) 621
- 2. Justice stand with evidence, morals, and facts, if the facts itself is fastened up the speed of judgement will increase. Now coming to the point: - if “justice delayed is justice denied, butis justice hurried is justice buried?” As we rightly know in every landmark case there has been facts and evidences coming forward between the cases, which makes the case to change its face. If we start fastening the present legal system to deliver justice at god speed then there would be a lot of burden on the judges; which will result in many unreasonable judgements, and at last the Justice system will be at fault. If the present legal justice system is fastened then the problem which it will face is the burden of solving cases, there lakhs of case pending still in different high courts of India. The most populated high court in India with pending cases is Allahabad High court. I agree that justice need to be delivered at a high rate, but not in the costunreasonable fastened way of giving justice. And in the looking for fastened justice the important facts may be over ruled, important judgements may turn to disaster, one personhappiness may transfer to someone else disaster of sadness. As there is an ancient quote: - “highgreed is dangerous.” Well that even counts for studies. If we study for just the sake of studying, and try to complete a chapter as soonas possible then we won’t be able to grasp any matter from the chapter. We will lose time, as our whole time will go in waste because it was not utilised by us in a better manner. So in this example the analysing power is diminished. Well then if we will try to fasten up the present justice system, we may come to a judgement in a rash manner, but we cannot get a properanalysis of the judgement. Because the court has not gone through all the procedures which are mentioned in the code. So to go through the procedure mentioned in the court, the court would take time in giving a judgement in betterment of the public. So I humbly submit that, rather than taking unreasonable time and not by fastening up the justice system, the court should come up with some alternatives so that each and every citizen of India will free to go to court for their problems. Many people don’t even go to court to get there justice, because they have a mind-set that if they a file a case then it will take a longer period of time to get the justice. Rather than slowing down and fastening up the present court proceedings if the court comes forward with alternatives then it would be a great victory for the present justice system.