Oct
1
The Indian judiciary tend to go ballistic over anything even coming close to challenging their decisions, their way of functioning or even their integrity – the latest being the case of the Mid-Day newspaper journalists not only getting a rap on their knuckles but also four months behind bars (currently stayed by the Supreme Court).
Have these men of honour sitting on the high chairs, literally, ever given a thought to contempt of citizen in the manner they handle the cases? Just a few instances from personal experience will show what I mean [These are just some ways how courts practice contempt of citizen, day in and day out. Do you have any to share? Comment below or write to ajay@ajayjain.com]
The Contempt: Judges playing truant
On a whim, judges choose not be present when cases have to be heard – it does not matter that petitioners may have travelled from far at the loss of a productive day only to be told to come another day. The same petitioner, if absent, is served a non-bailable warrant if he were to go missing on a given date of hearing.
The Remedy
If the court does not intimate petitioners well in advance about a judge not being present, the former should be compensated by the state for expenses incurred and wages lost. Why should only citizens be penalized?
The Contempt: Other party missing
So often you may have gone to court only for the other party to be missing on flimsy grounds – judges invariably give another date. Who suffers? You, who has stuck to the law.
The Remedy
Heavy financial penalties to dissuade the other party from developing last minute illnesses or travel plans.
The Contempt: Validity of Agreements
This one is really criminal: You give a property on rent to someone through an agreement duly registered and high stamp duties paid. At the time of termination of the agreement, why should you have to run around courts to get your own property vacated? Why should you have to explain what you want it back for? You may want to house your cows for all that anyone cares. Likewise, someone occupies your property and you have no recourse but to run around the police and courts while the occupant makes merry.
The Remedy
In such a scenario, like overseas, a simple complaint should be enough for the courts to direct immediate eviction after verification of documents.
The Contempt: Political immunity to ‘leaders’ on a rampage
Political leaders can go around damaging public property including their own legislatures, killing people like Professor Sabharwal, announcing rewards for anyone killing those hurting public sensibilities and attacking authors – all in full view of TV cameras. No Sir, the courts will seek every other proof except what is available. And even when convicted, the likes of the late Narasimha Rao stay out on bail till they die naturally, or technicalities keep Sanjay Dutt out on bail. You and I are even caught chatting on the internet about any nefarious activity and we can be thrown behind bars with not even court hearings in sight.
The Remedy
What do you think?
Comments
2 Responses to “Contempt of court? What about contempt of citizen?”
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One cannot disagree with what you have written but unless there is more transparency in such matters, how can they be made accountable. One friend who runs a consultancy but well versed in legal matters told me how one judge declared contempt of court(they can declare that anywhere) when a railway ticket from Allahabad was not issued to him. Fortunately, better sense prevailed and his order was cancelled. The point is , if it deveops a vested interest or some peron is egoistic, what redressal does the common man have?
As for property, these days housing laws have improved a lot but when the rent control act was in operation, an explanation that I read was that a majority of judges are tenants and therefore used to promote an already lopsided law- How can should landlords be penalised because there is a housing shortage in India? That is not a long term solution.
Well the title of the blog is really tempting but the ‘instances’ listed barely fall under that category except the first one.
All of these point to the defficiencies of the law which is created by parliament. Courts and judges only interpret the law as it exists. Though I agree that judges do go out of their limits in interpreting the law the way it suites them.