- As responsible citizens of the country, we all are expected to feel proud by associating our identity with a profound sense of belonging as a tiny part of the glorious history built over millenniums. However, there are times when we also feel embarrassed by some cringe-worthy happenings causing us much heartburn and disillusionment. Of course, none of the nations can lay claim to being picture-perfect as well as ideal and it is well-nigh impossible to expect since various undercurrents pulling in different directions defines the functionalities in every form of governance. One such worrying issue which is in the news of late in the country is the mind-boggling number of cases pending in different levels of courts crying to be heard.
PC: Murali Krishnan
- Another matter that always elicits justifiable cynicism is the way the high and mighty, especially the elected representatives like MLAs, MPs, and others, are treated whilst investigating criminal cases filed against them in courts. The Supreme Court is cognizant of the situation and making every possible effort to fast-track the cases against the lawmakers but is not making progress in the desired manner. Reports reveal that criminal cases pending against sitting and former MPs and MLAs registered an 18% jump from 4,122 in December 2018 to 4,859 in September 2020. Moreover, workable solutions like fast-track courts have failed to enthuse state governments further buttressing the already cynical ordinary citizens’ claims of different yardsticks being adopted while delivering justice.
- Even though the 2013 SC judgment finally allowed the Representation of People Act to instantly disqualify convicted lawmakers giving much-needed urgency to tackle criminalization of politics, the entire process is proving quite unwieldy even after eight years. All-pervading politics has not spared the lodging of complaints too as false cases are registered against leaders involved in agitations with offences like rioting, unlawful assembly, and obstructing public servants. Consequently, serious cases like heinous sexual offences or corruption, and economic offences get lost in the muddied waters, which otherwise should be a deserving priority for hearing and disposal. Notably, agencies like CBI and ED serving their political masters have left cases hanging for years, which is an injustice to the accused as well.
PC: The Hans India
- Another matter to contend here is the government of the day’s eagerness to withdraw cases against its favourites which is tantamount to a blatant show of partisanship. The resultant outcome is prosecutors and police are constrained to function freely and fairly in subjecting the accused persons to undergo the options of an investigation and trial. In a recent welcome move, the SC has prudently ruled that state governments must obtain prior approval of the high court before withdrawing cases. There is yet another pertinent issue of huge vacancies existing in all levels of the judiciary to ensure speedy and timebound investigation and trial of leaders. Maybe requisitioning the services of retired judges with meritorious records could be considered. Spare a thought for those who suffer a miscarriage of justice for eternity. Something must give in, and now.
