Pro-Active Court: Need of the hour
The final arbiter, the Court has been constituted in India to ensure justice and equality
among men and women while serving as guardian and decipher of the Costitution and
is the most influential public entity and, thus, since then, the society has high
expectations that the Court will put an end to tyranny and provide wide-ranging
accountability for [Link], the pattern so far has been for plaintiffs to feel
more victimized by court proceedings and for the guilty to conclude that they will
profit from the overly skewed legislation that protects [Link]'s indeed absolutely
crucial that the legislation now shows that, on the one hand, it is efficient as well as
timely and responsive to victims, their interests, problems and concerns, and resolves
them in order to build trust , because the law is supposed to act both as a credible
threat and as an executioner.
Indications of the vulnerable fail of criminal justice system have become visible with
unlawful killings in Uttar Pradesh and Telangana, lynching in many regions and
intimidating and murdering victims of [Link] instance, the order issued by the
Hon'ble Chief Judicial Magistrate of the Muzaffarpur district court Shri Surya kant
Tiwari on the grounds of the lawsuit brought by the litigant alleging that 'open letters
written to the honorable PM not only distorted and tainted the reputation of our
country in the international arena, but also corrupted and compromised the
accomplishments of the PM.' instructing the police to lodge a FIR against 49
individuals who are esteemed personality of society for sending a letter to the Hon'ble
Prime Minister to meddle in the continual [Link] our utter shock what we
meticulously saw in the massacre of Gulbarg society and Naroda patiya of the
notorious Gujarat riots, the hon'ble Supreme court as well as the hon'ble High court of
Gujarat granted the bail to the accused and convicts. All these when not properly
investigated by the police and not precisely kept on the table of the courts only add to
the severe [Link], the judiciary needs to conduct comprehensive
consciousness -raising activities to deal with these issues. To confirm more, some of t
such acquittal orders for granting bail to the accused or convicts by the different
courts are, the orders for granting bail by the hon'ble high court of Jharkhand in the
Ramgarh case, by the hon'ble High Court of Bombay in Dhule lynching casee to name
a few amongst have been some of the recent cases that pose grave concerns about the
judicial attitude of the courts in India to these awful [Link] judicial system seems
to be very vital when it comes to principles such as secular values and religious
tolerance.I the recet Delhi violence, the lodgig of FIRs against people who made
hateful speech was postponed, contributing to the [Link] from the other side,
civilians who are critical of the Citizenship ( Amendment ) Act (CAA) were viewed
as traitors and lawsuits were immediately filed against [Link] an urgent hearing
on the CAA was sought, the Supreme Court stated that it would be considered only
after the review of the [Link] while the massive migration of
the "shramiks" took place during covid- 19 pandameic and matters concerning the
plight of those traveling for hundreds of kilometers and those corralled in poorly-
equipped dwellings lacking sufficient facilities were raised, the court decided not to
take account in the first instance of the government's guarantee that no shramiks were
on the route and that all other problems were being properly [Link],serious
national concerns will lead to controversy if they are not approached with a sense of
urgency. In the instances like this Proactive action by the judicial system is expected,
as asserted that they are the defenders of the Constitution and can regain the
confidence of the ordinary people, along with minority groups in the
[Link], in the case of Nipun Saxena v. UOI , the Supreme Court laid out
provisions on the treatment of confidential content that will be part of the database of
rape cases and of felonies against children recorded under the Protection of Children
from Sexual Offences Act (POCSO).It is a significant step forth into recognizing the
interests and experiences of [Link], like these, recently shifted the focus on
survivor privileges-a much required and welcome [Link]
Now, as we may call upon it, the sole responsibility of the judiciary and the police is
to retrospect as well as introspect, on what they really need and want in the most
obvious form, whether to serve the justice system or to quash it. In order to provide
the defendant with timely justice, it is necessary to remember that there is a need for a
judicial system where responsiveness is required between the police and the judiciary
while interacting with victims; rapid disposition of ongoing investigations and
criminal trials; reasonable assurance to sufferers and their family members that their
privileges will not be further infringed and that justice will be done and seen to be
done are all aspects of trust that our judicial systems must promote in process to
facilitate proper justice. This would go a big step towards promoting the recording of
crimes and ensuring justice. In order for victims to rebuild the trust and seek justice, it
is absolutely essential that now the process for the dispensation of justice is provably
effective, rapid, empathetic and efficient.
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[Link]
[Link]
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kapil-sibal-6456152/
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(2019) 2 SCC 703