Thursday, March 10, 2011

Courts in Uttar Pradesh To Clear Backlog Cases

With the Public Interest Guarantee Act implemented in the state under which the common man has been saved of running from pillar-to-post to get his ordinary work done, the Uttar Pradesh Ggovernment has made yet another decision to lessen people's sufferings. The impugned act would provide great relief to people and help in reducing the huge stockpile of cases pending in various courts. It would also provide relief to people, as they would no longer have to pay repeated visits to courts, and to get speedy justice as well.

Notification for Implementation
The state government has issued notification for implementation of the "morning evening court rules 2011." Under these rules, in addition to usual timings of courts, morning and evening courts would also be held.

Those working for these morning and evening courts would get an additional allowance equal to 25 percent of their actual pay. This way, UP has become the first state in north India where special courts would be held both in morning and evening. These courts would at present be held only at Gautam Budh Nagar, Rampur, and Gorakhpur. If the experiment proves successful, similar courts would be held in all districts.

Cases Relating to Serious Crimes
The federal government would bear all expenditure incurred on these courts. Uttar Pradesh high court and district judges would decide on the number of cases to be referred to these courts. These courts, however, would not hear cases relating to serious crimes and those pending for more than two years. Despite it, there is a huge stockpile of cases that would get referred to these courts. This would lessen the burden on usual courts.

The notification envisages that cases relating to challans under the Motor Vehicles Act 1988, traffic challans, cases of bounced checks under the Negotiable Instruments Act, cases coming under Section 25 of the Civil Procedure Rules, cases referred to these courts by mutual agreement between the complainant and the deponent, or such cases that get referred to by the chief justice of high court or other judges. Also, cases that invite a prison term for up to two years may also get referred to them.

Speedy Justice to People
We, in this country, talk a lot about reforms in the judicial system. Various departments and institutions also write and say a lot on the issue. Different governments have set up commissions and committees to look into and suggest reforms in the judicial system, so that people may get speedy justice.

Despite it, courts of law continue to be heavily burdened under the huge pile of pending cases, which has rendered getting justice to people a huge problem. First, procedures are so long and complex that even if courts hold speedy hearings, it becomes extremely difficult to impart justice in time. Second, the strength and number of courts is far less than required in view of the large number of cases. Third, a large number of posts of judges continue to lie vacant for some reason. Under such circumstances, even ordinary cases take an unusually long time to get decided.

In light of the aforementioned points, the notification issued by the Uttar Pradesh Government to hold courts both in morning and evening would definitely provide the much needed relief to people. Even family courts would be used to do the work, and high court would oversee the work of these courts. District judges, with the approval of the high court, may reschedule the timings of these courts. The high court would also decide on the number of cases to be heard by these courts, on daily or monthly basis.

Need To Carry Out Reforms
At present, such courts would function only up to 31 March 2015. Yet, their jurisdiction and term may get extended thereafter. One can therefore expect that such courts may also come into existence in other districts of the state.

Under the notification, only cases, minor or ordinary in nature, may get settled speedily but there is need to introduce a system in the country also. Also, there is need to carry out reforms in the judiciary to help people get speedy justice and to lessen the burden on courts. In this regard, the federal government, state legislature, and the apex court would have to play their respective roles.

Wednesday, March 9, 2011

Unrest in Libya

Tunisia's Jasmine Revolution and Egypt's White Revolution have absolutely reached the Middle East and North Africa. In Algeria, Kuwait, Morocco, and Yemen, myriad of demonstrators have drawn on roads and are sloganeering against the ruling government. The voice of protests is heard more in Libya and Bahrain. Suddenly, the six-day-old revolution of Libya has spread throughout the country, starting from the city of Benghazi.

Elimination of Last Renegade
Muammar Gaddafi's son Saif ul- Islam Gaddafi has resolved to crush the revolution with might. In an inciting harangue, Saif announced his resolve to fight until elimination of the last renegade. According to unconfirmed reports, bombs are being hurled from air on demonstrators in Tripoli. Muammar Gaddafi has fled the country, troops are consolidating in specific governmental buildings, and the Libyan parliament has been burned to ashes, while senior public servants and diplomats are resigning under protests of crackdown on peaceful demonstrators.

The demonstrators are further enraged after Saif's inciting speech and are combating against riot police in the capital's Green Square. More than 220 people have been killed, and thousands others injured. The government has declared complete blackout in the entire country, and even websites have been blocked. In Bahrain also, protests are at large, although the king has agreed to negotiate with demonstrators, but the youth wing is in no mood to talk. They simply want to dethrone him and restore democracy.

Future Prospects
The ouster of rulers in Tunisia and Egypt has paved way for easing out of other rulers. Egypt's success appears to have wiped out all distinctions of tribes and sects, and each one of them unanimously wants to establish democracy. All people are demanding their right to life and dignity.

Under these circumstances, all rulers of the Middle East must not falter of not reading the inscriptions written boldly on walls, and must set right their directions. Otherwise, their bases will be shaken. Whosoever will try to resist will face defeat.

Tuesday, March 8, 2011

Popular Mind-Set on Corruption

After the complete washout of the winter session of Parliament, its budget session commenced on Monday. During the last session, the Bharatiya Janata Party (BJP) and other opposition parties had created a ruckus on their demand for a probe in the 2G Spectrum scandal by a Joint Parliamentary Committee (JPC). The opposition did not let the two Houses of Parliament function. The entire session fell victim to chaotic din and uproar.

2G Spectrum Case
The government was endeavoring to ensure smooth functioning of the current session. It appeared almost certain that the government might concede the demand of a JPC to probe the 2G Spectrum case. With this in mind, the Speaker of the Lok Sabha convened an all-party meeting two days before the commencement of the session where, the prime minister, reportedly, accepted the demand of the opposition in principle. It is expected that on the very first day of the motion of thanks to the address by the president, the formation of the JPC may be announced and the budget session would be saved. If this takes place, it would certainly be a huge jolt to the United Progressive Alliance (UPA), because the opposition may take it as its victory.

It is common knowledge that the opposition merely wanted to manifest its political strength and it succeeded in blackmailing the UPA in the name of the budget session. Further, it is clear that even if the JPC probes the 2G Spectrum case, it may not be able to give any major direction or make any startling revelation. The Central Bureau of Investigation (CBI) has already arrested former Communication Minister A. Raja in this case. Beside him, there are several other persons of high stature behind the bar. The Supreme Court, too, is rather active on the case. In this scenario, should a JPC be formed and commenced its probe, it would have an adverse impact on the corrupt and dishonest section in the country. Nor it would be able to prevent corruption in the future.

Preventing Malpractices
In a country where the society does not look down upon thieves and dishonest persons, such kind of malpractices cannot be prevented. In our society, people do not take a theft as a theft. One can see everywhere that power is being stolen as if the theft of water and power supply is no crime. Likewise, if traveling in buses and trains were considered, if there is no checking on a day, seventy percent people would travel without ticket. If there were a one Rupee coin lying on the road, dozens of persons would bend to pick that coin up. None would even think that the coin does not belong to him. In this country, things have come to such a pass that encroachment on public land is considered no crime; instead it shows one's muscle power. What one can expect then from public servants and officers? Even those considered to be honest use official phone for making personal calls free. They do not consider it a sin to take up private work during office hours and taking official stationery home for children. Coming late to office and sitting idle through the day, bureaucrats and the public servants take it as their birth right. In such a scenario, even if A. Raja were put behind bars for a few years, would it change the country?

The very same BJP, which is crying hoarse over corruption, is not clean itself either. One of its presidents was caught on camera while taking bribe. When the BJP was in power, taking commission in the purchase of arms and equipment had attracted limelight. The BJP appeared in its true color when it imprisoned journalists who had blown the lid off scandals. Recently, the Karnataka chief minister indulged in several malpractices. Yet, the BJP could not muster the least courage to take any action against him.

Only the future would decide whether the opposition members who stood up on their chairs during the last session of Parliament to raise slogans, were sincerely pained by corruption or they had demanded the JPC only to corner the government. There are no hopes that the country would be saved and no such scandal s would take place.

President's Address to Joint Session of Parliament
Addressing a joint session of the two Houses on the opening day of the budget session, President Pratibha Patil pointed out that a Group of Ministers (GOM) was considering the issue of tackling corruption, increasing transparency and using legal, administrative and other measures for the purpose. The GOM would submit its report soon. Referring to the black money stashed in foreign banks, the president stressed that the government would leave no stone unturned to bring that money back and to punish the guilty. She added that the government was fully aware of the bad effect the black money has on the economy. Such money relates to either avoidance of tax on money earned honestly or earned through illegal means. She said that to combat the menace, state governments and its agencies and the other agencies responsible for implementation of laws, would have to strive seriously and concertedly.

The president said that steps have been taken to facilitate exchange of information for tax purposes with countries where Indian nationals may have stashed their ill-gotten wealth. Yet, we all know it well that unless the deep-rooted dishonesty in the country is brought to an end, the government may not be able to combat such irregularities. There is the need to launch a concerted campaign against dishonesty in the country. There is need to inculcate a sense of honesty among the people. Unless this is done, we cannot get rid of corruption.