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Justice delayed is justice denied means that in case the justice is not timely delivered, it is useless. Martin Luther King Jr used the phrase in another form "Justice too long delayed is justice denied" m his '1etter from Birmingham Jail". It will be apt to use this proverb in the context of Indian legal system as it takes years for the judicial system to impart justice to the petitioners. Ironically, the life cycle of justice in India is unpredictable and highly delayed Such as the plight of our system that many times the justice is delivered to an individual after his death or when it has become redundant or useless for him. In .some sense, it violates the basic essence of freedom in a democracy. Many rimes people are declared innocent after spending many years in imprisonment as a prisoner. The delayed justice has led to a rise in the number of cases to be disposed of by the court.
During the time, a petitioner is seeking justice and it is delivered to him, it turns to be a nightmare for the petitioner and his family. Irrespective of the fact that the petitioner is under the jurisdiction of the court in regards to the crime, he is labelled as a criminal by the scxi.ety. People get judgmental and develop perceptions towards the petitioner. In the cases, where the petitioner is actually innocent, such kind of labelling by the society comes with an additional mental trauma.
This horrifying experience is not restricted to the individual but extends to t he family as well. The family members are subjected to different kind of mental atroc1t1es. In the worst cases, friends and society decide to cut off all the ties with the person. The petitioner needs to run from pillar to post in order to expedite the process. In some cases, a person has to let go from his Job as a result of the accusations.
In such cases, it becomes difficult for him to manage his expenses. All this while, the pending judgments lead to an additional finanC1al burden in the form of fees of the lawyers. As the fees of lawyers soaring, it is. getting out of reach of the common man to get justice for him. In worst cases, people compromise with the judgments as they cannot afford a lawyer. This delayed justice has been a blessing in disguise for many. Many of the corrupt politicians, businessmen continue to enjoy their position despite a number of charges being levied upon them.
In fact, they are using the power of their hair to promote unscrupulous and illegal activities. The are the roadblocks to the prosperity and development of our society. Securing social, economic and political 3ustice to all citizens is one of the key mandates of the Indian Constitution. The Article 39A of the Constitution directs the state to secure equal justice and free legal aid for the citizens. But from our experience we find that the state has failed squarely on addressing some very basic issues- quick and inexpensive justice and protecting the poor and vulnerable. There are lots of cases that takes so much of rime that even a generation is too short to get any type of redressal.
The famous case of 'Upbaar Cinema fire' which killed 59 people due to suffocation and injured 103 in the resulting stampede in June 1997. The final verdict on this case came on 19th August. 201 5 when the Supreme Court imposed a fine on Ansal brothers. the owners of Uphaar Cinema, for 30 crores each anJ hdd that their jail terms will be reduced to the term already undergone by them if they pay the fine, considering their old age. This decision has been criticized by the victims’ families. The CBI and the victim's association has opposed the relief to the Ansals and had filed a review petition.
In the famous Jessica Lal murder case, Manu Sharma son of an influential Congress leader Vinod Sharma killed model Jessica for refusing to serve liquor after the bar was closed. Following intense media and public pressure, on 20th December, 2006, Manu Shanna was punished with sentence of life imprisonment and a fine. But he was granted parole many time to attend family business, marriage of his own, appearing for master's degree etc. Being in jail these high profile persons are enjoying their life also. It is the great irony of Indian judicial system.
All these point towards the inefficiency and loopholes of the Indian legal system. The Indian Constitution has bestowed our judicial system power to uphold the sovereignty and integrity of an individual. The government perseverance and dedication. As Rome wasn't built in a day, one cannot become successful overnight The road to success 1s rough and patchy with hurdles and obstacles. But all failures become meaningless, once we accomplish our goals successfully.
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