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Justice Delayed is Justice Denied

- Bineet Singh
Looking at the far-out world, every morning the first thing, not to exaggerate,
maybe one of few first things, us, the legal wanderers come across is how the
Honourable Apex Court of the country bestows upon us its wisdom of justice.
One cannot deny the fact that the ever revolutionary decision and judgment of
the courts are improvising our society and setting a precedent which the
ordinary legislations are unable to do. However, due to socio-economical
abnormalities existing in the welfare system of society, it is apparent that the
state’s ineffectiveness is prevailing widely to tackle this menace. A strait-jacket
consequence of such has variedly not spared our legal system also. The
judiciary, one of the three pillars of democracy has happened to deliver the
justice but it seemed as if no justice was delivered at all.
India being a democratic republic by its very virtue relies on the judiciary as the
sole protector of justice while envisaging the Rule of Law. Yet, every now and
then a judgment having no substantiality and filled with technicalities fails a
true citizen to its core. Instances like such have not only affected the domestic
subjects but have set out to become an example of mockery at Indian legal
system. The trials on claiming martyrs, recognition of freedom fighters, trails of
accused on terrorism, 1984 anti-Sikh riots, Jessica Lal murder case, the
devastating Bhopal gas-leak trial and so many more yet shaken up and trigger
an uncontemplated rush of failure in one’s conscious.
The regressiveness of a section of society combined with the ignorant and static
intellects raises a certain degree of friction to obtain justification and soundness
yet the calamities of time seeps into every little dinge on the path of socialistic
destination. Playing the blame game is one more new trend subsisting in human
species. The Honourable Justices and the Learned Judges as agreed by many are
not the masters of the postponing trade. As it is assimilated into our minds and
souls, the patriarchal pattern, the social stratification, the economic inclusion or
if generalised in more reasonable term, the white collar tendencies of individual
from bottom to the top of the hierarchy of the system are to be called accused
for this entire successful show of pity and despair.
However, keeping in mind the maxim - Festinatio justitiae est noverca infortunii
that is the hurrying of justice is the stepmother of misfortune also gains
relevance. Therefore an equilibrium is required limiting the expediency or delay
of delivery of justice to put into effect the desired consequences of fairness. In
concluding remarks, there is no doubt in saying that a perfect legal system is not
determined by its triumphs over vices but by its act of condemning vices to its
roots.