COMRADES
EVERY SOCIETY REQUIRES A SYSTEM TO ADMINISTER JUSTICE FOR THEIR MEMBERS. IN OLDEN DAYS THERE WAS THE KING WHO ACTING AS JUDGE MAKES A DECISION AFTER HEARING ALL SIDES. THEN CAME PANCHAYAT SABHA ETC. IN EVERY FAMILY YOU WILL SEE A JUSTICE ADMINISTERING SYSTEM WITH FATHER AS THE HEAD AND MOTHER AND OTHERS MAKING THEIR CASE AND ARGUING FOR THEIR CASE AND ULTIMATELY COMES THE HEAD OF THE FAMILY'S VERDICT WHICH IS ENFORCED AND ABIDED. IF THE HEAD IS INGENIOUS THE VERDICT WILL BE DECEITFUL AND INJURES AND HURTS OTHERS RESULTING IN REVOLT AND DIVISION OF FAMILY INTO SMALLER FAMILIES.IT IS EVIDENT THAT DEMOCRACY HAS ITS GENISUS IN FAMILY.
JOINT FAMILIES ARE FRAGMENTED LIKE THIS AND THINK OF IT COMRADES ONLY BECAUSE DISHONEST AND CORRUPT PERSONS TAKE DECISIONS EVERYTHING GETS DESTROYED.
IN MODERN TIMES THE COURT OF JUSTICE IS THERE ESTABLISHED AND FUNCTIONING IN ACCORDANCE OF THE RULE OF LAW .LAW IS ENACTED BY THE REPRESENTATIVES OF THE PUBLIC AFTER GREAT DELIBERATIONS BY EXPERTS AND FINALLY GIVEN THE SHAPE OF LAW AND ENACTED TO BE FOLLOWED FOR PUBLIC GOOD ,CONSISTENCY,CERTAINTY AND UNIFORMITY.IF CONSISTENCY OR CERTAINTY WAS NOT THERE PEOPLE WONT BE ABLE TO PLAN THEIR AFFAIRS RESULTING IN CHAOS AND ANARCHY. INCONSISTENCY AND UNCERTAININTY BREEDS CONFUSION AND CHAOS AND WILL BENEFIT ONLY THE CORRUPT AND UNSCRUPULOUS EXPLOITERS.
IN ANY COUNTRY THE CONSTITUTION OF THE COUNTRY IS THE SUPREME AND MOTHER OF ALL LAWS. ALL LAWS ENACTED BY THE PEOPLES REPRESENTATIVES HAS TO BE IN CONSONANCE OF THE CONSTITUTION AND WONT STAND IF IS AGAINST ANY CONCEPTS OF THE CONSTITUTION. iN ALL CONSTITUTIONS OF THE COUNTRIES OF THE WORLD "EQUALITY BEFORE LAW AND EQUAL PROTECTION OF LAWS" IS A PARAMOUND AND BASIC CONCEPT ON WHICH IS BUILT THE JUDICIARY.
IF WE CONSIDER THIS ,IT FOLLOWS THAT OUR LEGAL RIGHTS IF ESTABLISHED BY EVIDENCE IN THE COURTS OF LAW RESULTS IN FAVOURABLE ORDERS. THE FACTS ARE TO BE ESTABLISHED IN ACCORDANCE WITH THE EVIDENCE ACT .EVIDENCE ACT IS APPLICABLE IN ALL PROCEEDINGS WHERE EVIDENCE CAN BE TAKEN ON OATH.
THE IRREFUTABLE CONCLUSION IS THAT THE SAYING THAT PEOPLE AND LAWYERS SHOULD PANDER THE JUDGES TO GET FAVOURABLE ORDERS IS A MIRAN GE AND FALLACY.NOW DAYS EVERY ONE WILL RUN TO INFLUENCE THE JUDGE AND TRY TO FULFIL ALL THE WISHES OF A JUDGE SO THAT HIS CASE WILL WIN,LAWYERS CAN BE SEEN RUNNING TO BEFRIEND JUDGES .PANDER THEM AND GET THEIR PATRONAGE.PEOPLE ARE NOT MUCH INTERESTED IN ADHERING TO LAW AND ITS PRINCIPLES.IF JUDGES ARE A LITTLE DISHONEST, AS A COROLLARY THE CANCER OF INFLUENCING AND PANDERING THE JUDGES WILL BE CULTIVATED BY LEAPS AND BOUNDS RESULTING IN BURYING THE LAW AND DECIMITATING THE JUDICIARY.
LAW REQUIRES JUDGES TO BE HONEST AND IMPARTIAL AND DUTY BOUND TO ADMINISTER JUSTICE ACCORDING TO LAW.JUST BEING HONEST RESULTS IN HEARING THE PARTIES IN DETAIL .PERUSING THE RECORDS AND IF THERE IS A DOUBT CLEARING THE DOUBT BY FURTHER ARGUMENTS OR REFERENCES AND THEREAFTER PASSING JUST ORDERS.HONESTY RESULTS IN JUSTICE AND DISHONESTY PRECIPITATES INJUSTICE.The SUPREME COURT OF INDIA HAS DECLARED THAT " JUDGES SHOULD LIVE LIKE HERMITS AND SUPPLY LIGHT AND NOT HEAT".A PEEP INOT JUDGES LIVING WILLMAKE MATTERS EXPLICIT.
JUST BY GOING THROUGH THE CASE ONE WHO IS CONVERSANT WITH LAW CAN VERY WELL SAY THAT THE ORDER HAS TO BE IN SUCH A WAY .ANY MAN CAN SAY THIS IF HE IS CONVERSANT WITH LAW AND THE PRINCIPLES OF APPRECIATION OF EVIDENCE.ONLY FOR HOODWINKING PEOPLE AND MAKING THE JUDICIAL PROCESS CORRUPT AND UNCERTAIN DOES THE VESTED INTEREST MAKE THE PROCESS OF JUSTICE COMPLICATED.
IF JUDICIAL OFFICERS ARE HONEST AND IMPARTIAL NATURALLY THERE IS NO NEED TO BEFRIEND THEM OR PANDER THEM OR EVEN GO INTO THEIR GOOD BOOKS.YOU JUST HAVE TO CONDUCT THE CASE PROPERLY AND YOU WILL GET ORDERS IN ACCORDANCE WITH FACTS AND LAW IN THE CASE THAT BECOME EVIDENT AFTER EVIDENCE AND ARGUMENT.
ONLY IF THIS HONESTY AND IMPARTIALITY IS REESTABLISHED WILL JUSTICE DELIVERY SYSTEM RISE TO BE A CHAMPION OF JUSTICE FOR THE PEOPLE AS IS THE TALL CLAIMS AND BROAD PROPOSITIONS IN THE CONSTITUTION AND THE CONFIDENCE OF THE ALIENATED 77% (2007 TRANSPARENCY INTERNATIONALS REPORT SAY 77% OF THE PEOPLE IN INDIA DO NOT TRUST JUDICIARY)PEOPLE CAN BE REGAINED AND ESTABLISHED.
GADHADHARAN.P
3/604,MANIPURAM LANE
NADAKAV
CALICUT-673011
KERALA STATE
INDIA
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