J R Aryan
Ours is the largest democracy of the world which we are very proud of. Also we have the privileges of having a vast and perhaps the lengthiest constitution based on democratic principles, values and ideals to demonstrate human rights, duties responsibilities, laws for justice and against crime, guilt and sin narrating the principle of live and let live in peace and harmony with the true spirit of human feelings, mutual understanding and above all that of national integration, unity and patriotism for making our life happy, prosperous, decent dignified and truly democratic.
With the passage of time and changing scenario in our social, economical,literary and political fields and platforms, as well as in ways of living under changed ideology and atmosphere inducing us to adopt the present day society, the need for various amendments in the constitution to frame, change or amend the laws to suit to the prevailing ground situation has led to various amendments in our constitution at various occasions uptil now, and it is imperative that such amendments shall continue as and when the situation calls for the same at any point of time in future or even at present where it is not possible to set right the things under the already existing laws which require to be made more stringent or soft to stream line the passage of life for true achievement of its meaning.
Parliament or Legislature, judiciary and the Executive or the Govt are the three basic pillars of democracy by means of which we can have access to our constitutional rights and privileges as laid down in constitution to enjoy and avail tbe blessings of the democratic values for our well-being, progress and prosperity, of course, abiding by the laws and sticking to our duties and responsibilities. The Parliament or legislature frames amends the laws and articles while judiciary or legal system deals with and interprets them and applies them to give a decision, judgement or verdict based on justice which the executive makes the execution of, to make the justice reach to the people- the seekers at grass root level.
We have here, no doubt, many laws but as ill-luck would have it, as of today we come across the incidents of more heinous crimes, offences, law-violations, rapes, inhuman murders, gang rapes with subsequently killing of the victim, kidnappings etc for which our legal system takes decades to decide the cases to spot out the criminal for an apt, condign and a stringent punishment. Cases of heinous crimes linger on far many decades so much so that during the period either the law seekers or the victim would have breathed his last, or the witnesses would have also died or backed out, and even the Judges would have retired with the result that the case itself becomes the victim of delay to further add a dimension of woe and frustration to justice seekers and this inturn becomes a healing touch to the culprit or the criminal. This sort of situation is even injustice with justice itself.
So the time does demand that our parliamentarians, legislators without any loss of time and rising above the party lines must come together and join hands and bestow a serious thought on this issue to table a bill in the Parliament for making an amendment in constitution with one voice to pass the Bill that the judiciary or the legal procedure be made to deliver time bound results. The new law must make it mandatory for any court or any Judge or Justice to give the decision or judgement or verdict within a specified period not exceeding six months, as per his finidngs and assessment of the facts and position of the case based on the record and witnesses till that point of time, so that the case of whatever nature it be on its upward journey upto the Apex Court i.e Supreme Coort does not take more than 2 years for its final decision right from the lower most court to the Apex Court.
Also as per the new amendment the Supreme Court’s decision or judgement must be the final and binding for its execution be it even the Death sentence as per the gravity of the crime and there should be no provision or any scope for any mercy appeal to the President which further takes years together to prolong the case, and such mercy appeals, as has been seen in the past, mostly serve as life saving drugs for those who are infact life-eaters, killers and murderers having already been awarded capital punishment by the Apex Court after full legal proceedings. The provision of mercy appeal is meant to be an interference with the basic legal procedure of the judiciary to add a political dimension to the system to make the executive overpower judiciary thereby making a mockery of the Apex Court too. Then why have the judiciary or legal system at all? Let every case be decided by the executive or the Govt who so ever it be.
There should be harsh and stringent punishments including Death sentence for the killers and murderers and the gang rapists as per the gravity of the crime and these should be inflicted in the shortest prescribed time. Let not the law-breakers, if allowed to go unchecked, even go to wipe out the law makers some day, God forbid.
It is also unfortunate that we often find here streams of offenders but many more their legal defenders who manage to save them from acute punishments to make them make a clean shave of human norms and values whenever they find a next chance.
We must have exclusive Spl. Courts for trial of murder cases, rape and murder cases, courts for antinational and disruptive activities and the other courts for civil cases. This will go to get us quicker decisions.
If the law of the land is made to go fair and square without any duress or fear as an independent autonomous force with the powers of inflicting quick punishments severe and stringent including the Death punishment as per the crime; and with the Apex Court to be the final authority to enforce punishment in its verdict to be executed by the executive with immediate effect without any scope for any mercy appeal, we shall find that time is not far but very near that justice shall smile and prevail here and there and everywhere for the welfare and cheer of the aggrieved and his near and dear to create an atmosphere free of fear, without any wear and tear of the democratic set up, machinery and its gear.
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