COMRADES,
THE COURTS OF JUSTICE ARE THE CARDINAL PART IN THE PROCESS FOR ACHIEVING RIGHTEOUSNESS . IN THIS ERA WHERE SOCIETY IS RUN ON THE RULE OF LAW,ADMINISTRATION OF JUSTICE AND COURTS ASSUMES UTMOST IMPORTANCE. IT IS THE COURT OF JUSTICE OR THE JUDICIARY ,WHICH IMPARTS A SENSE OF DISCIPLINE ,SECURITY AND EQUALITY IN THE MINDS OF THE PEOPLE.
IT IS SAID THAT THE MARCH OF THE SOCIETY IS FROM THE RULE OF JUNGLE TO THE RULE OF LAW AND ULTIMATELY TO THE RULE OF LOVE.
A PERSON LIVING IN THE ERA OF THE RULE OF JUNGLE ,MIGHT NOT HAVE BEEN ABLE TO COMPREHEND HOW THE SOCIETY WILL RUN ON THE PRINCIPLE OF THE RULE OF LAW. IN THE SAME WAY NOW WE LIVING IN THE ERA OF THE RULE OF LAW WILL NOT OR MAY NOT BE ABLE TO COMPREHEND HOW THE SOCIETY WILL RUN ON THE RULE OF LOVE.FOR ACHIEVING THE ULTIMATE PROGRESS WE HAVE TO STEAM LINE THE PRESENT AND LOOK INTO THE FUTURE FOR ATTAINING THE ULTIMATE PROGRESS WITH A OPTIMISTIC AND OPEN MIND.
LAW IS DEFINED IN INNUMERABLE WAYS. MY FINDING IS THAT IT IS A PROCESS FOR ACHIEVING RIGHTEOUSNESS. IT IS BEFORE LAW THAT THE MEEK AND THE MIGHTY OR THE WEAK IS EQUAL AND GETS EQUAL PROTECTION . IT IS LAW WHICH IMPARTS JUSTICE WHEN INJUSTICE IS PERPETRATED. SO IN THE PRESENT CONTEXT LAW IS RIGHTEOUSNESS. LAW IS DEFINITE,CERTAIN AND CONSISTENT.IT CAN BE READ AND UNDERSTOOD BY ANYONE.THE UNDERSTANDING IS THAT OF A PRUDENT MAN AND AS SUCH IT IS UNDERSTANDING OF A PRUDENT MAN WHICH IS GIVEN EFFECT TO. TRUTH IS A ELUSIVE THING. IT IS DIFFICULT TO FIND OUT TH RUTH EXCEPT ACCORDING TO LAW. THE MAJOR,BUT IMPERFECT INSTRUMENT FRO ARRIVING AT TRUTH IS THE CROSS EXAMINATION .THIS ITSELF IS NOT FOOL PROOF,BUT TO AN EXTEND BY CROSS EXAMINATION AND ADHERING TO THE BASIC PRINCIPLES TRUTH CAN BE FOUND OUT. BUT THIS IS ALSO IMPERFECT AND TO A HIGHLY TUTORED WITNESS BY AND EXPERT,CROSS EXAMINATION WILL SERVE NO PURPOSE. THEN PEOPLE HAVE A TENDENCY TO BELIEVE THOSE IN POWER AND HIGH OFFICE. SAY FOR INSTANCE A JUDGE IS SITTING FOR DECIDING A ORDINARY PERSON DEPOSES THEN A HIGH COURT JUDGE DEPOSES A POLITICIAN ALSO DEPOSES. THE JUDGE WILL THING THE HO THIS IS A HIGH COURT JUDGE,WHY SHOULD HE LIE.I WILL BELIEVE HIM ,WHEN ACTUALLY THE PERSON ORDINARY WILL BE SAYING THE TRUTH. THIS BEING THE CASE TO COME AT TRUTH IS DIFFICULT WITHOUT THE AID OF LAW. SO FOR THE TIME BEING IT IS BEST TO GIVE EFFECT TO LAW STRICTLY AND CORRECTLY. ACCORDING TO LAW THERE CANNOT BE TWO VIEWS FRO IF THERE ARE TWO VIEWS LAW PROVIDES AN INSTRUMENT TO LIMIT IT TO ONE CORRECT VIEW. THERE CANNOT BE DIFFERENT CORRECT VIEWS ON A PROPOSITION OF LAW. THERE CAN BE ONLY ONE CORRECT VIEW TO A PROPOSITION OF LAW.SAYING THAT HIS VIEW IS LIKE THAT IS NOT CORRECT AND WILL TEND TO CORRUPT.
THE EVIDENCE ACT LAYS DOWN THE PRINCIPLES AS TO HOW A FACT IN ISSUE CAN BE PROVED . THEN IN CROSS EXAMINATION ANDY FACT WHICH PROBABLISES OR IMPROBABLISES THE FACTS IN ISSUE OR RELEVANT FACT CAN BE ASKED. AS THE ANSWERS TO THESE QUESTIONS WILL TEND TO PROVE OR DISPROVE THE FACTS IN ISSUE. SO THERE IS A BIG MARGIN FOR THE CROSS EXAMINER AND A VERY LIMITED ROLE FOR THE JUDGE TO PLAY IN CROSS.
IN CRIMINAL AS WELL AS CIVIL JUSTICE DELIVERY SYSTEM THE FINAL OUTCOME IS THE VERDICT OR ORDER. THE WRITING OF THE ORDER IS THE RESPONSIBILITY OF THE JUDGE. AN ORDER TO SATISFY THE CONCEPTS OF NATURAL JUSTICE SHOULD BE A CONSIDERED SPEAKING ORDER. A SPEAKING ORDER SHOULD CONTAIN THE FACTS OF THE CASES OF THE COMPLAINANT AND THE ACCUSED (CRIMINAL CASES) PLAINTIFF AND DEFENDANT (CIVIL CASES) THEN THE ARGUMENTS OF BOTH SIDES SHOULD ALSO FIND A PLACE IN THE ORDER OF VERDICT, THEREAFTER A THOROUGH DISCUSSION ON THE POINTS RAISED BY EITHER SIDE SHOULD BE THERE , THEN FINALLY THE REASONS FOR ACCEPTING AND REJECTING THE CONTENTIONS OF THE PARTIES SHOULD ALSO BE THERE.
ONLY IF ALL THESE ATTRIBUTES ARE ADHERED TO ,ONLY THEN WILL THE VERDICT BE A VERDICT ACCORDING TO LAW AND NATURAL JUSTICE. WHILE CROSS EXAMINING IF A PARTY OPPOSES A QUESTION BEING ASKED THEN THE JUDGE SHOULD RECORD THE QUESTION ,THE OBJECTION AND THE FINDING THERON.ONLY IF THIS IS BEING ADHERED TO WILL THE APPELLATE COURT GET AN OPPORTUNITY TO DECIDE THE CORRECTNESS OF THE EVIDENCE .IF THIS IS NOT DONE IMPORTANT EVIDENCE WILL BE SHUT OUT AND BURIED AND THE CASE WILL NOT BE ,AND CANNOT BE SAID TO HAVE BEEN DECIDED ON MERITS.
IN CRIMINAL LAWS THE DUTY OF THE INVESTIGATING AGENCY IS NOT JUST TO BOLSTER UP A PROSECUTION CASE SO AS TO ENABLE THE JUDGE TO CONVICT THE ACCUSED,BUT THE DUTY OF THE INVESTIGATION AGENCY IS TO BRING OUT THE UNVARNISHED TRUTH. IF A CRIME OR OTHER INCIDENT HAPPENS THE INVESTIGATING AGENCY SHOULD INVESTIGATE THE TRUTH OF THE INCIDENT AND PLACE ALL MATERIALS BEFORE THE COURT . THE COURT SHOULD SIFT THE ENTIRE MASS OF FACTS TO SEE WHAT ALL ARE ADMISSIBLE ACCORDING TO LAW AND WHETHER ON GOING THROUGH THE EVIDENCE AND FACTS ,IT CAN BE SAID THAT SUCH AND SUCH PERSONS HAVE OMITTED THE CRIME OR DONE CERTAIN THINGS. IF IT CAN BE SAID THAT CRIME HAS BEEN COMMITTED THEN CERTAINLY THE PERSONS CAN BE CONVICTED.OR AS THE CASE MAY BE A VERDICT PASSED ON AN ISSUE. THIS SHOULD BE DONE ONLY AFTER CAREFULLY GOING THROUGH AL THE ABOVE SAID PROCEDURES AND PROCESS.
THEN ANOTHER ASPECT IS THAT IF THE ADVOCATE/LAWYER OF EITHER SIDE IS NOT READY AS HE HAS NOT STUDIED THE CASE PROPERLY AMPLE REASONABLE TIME SHOULD BE GIVEN FOR THE PARTIES TO STUDY THE CASE TH ROUGHLY,BECAUSE ONLY THEN CAN THE CASE BE PROPERLY PLACED BEFORE THE COURT AND A JUST AND REASONABLE ORDER PASSED. IT IS SAID THAT JUSTICE SHOULD NOT ONLY BE DONE BY IT SHOULD APPEAR TO HAVE BEEN DONE.
THE SUBJECT LAW IS LIKE AN OCEAN THE MORE ONE LEARNS ABOUT LAW THE MORE ONE BECOME AWARE THAT HIS KNOWLEDGE IS LIMITED AND THE UNKNOWN IS STILL A LOT. EVEN THOUGH EVERYBODY IS SUPPOSED TO KNOW LAW,EVEN ADVOCATES/LAWYERS DO NOT AND CANNOT SAY THEY KNOW ALL LAWS.IT IS BECAUSE OF THIS THAT SUFFICE NT AND REASONABLE TIME SHOULD BE GIVEN TO PARTIES TO STUDY THE CASE TH ROUGHLY. IN SPITE OF ALL THIS IF THE QUALITY OF THE JUDICIAL OFFICERS AND COURT OFFICERS IS NOT UP TO THE MARK EVERYTHING WILL BOOMERANG. THE JUDGE WILL KNOW THAT THIS IS THE TRUTH BUT WILL SUPPRESS IT AND PASS ORDERS AGAINST IT,MAY BE HE MIGHT GET SOMETHING BY THIS TO ENRICH HIMSELF OR TO SATISFY HIS MEANER PLEASURES. THUS ONLY HONEST AND STRAIGHTFORWARD PERSONS WITH GRIT AND AN INCLINATION TO DO JUSTICE ACCORDING TO LAW SHOULD BE MADE A JUDICIAL OFFICER. ANY TRAIT OF DISHONESTY SHOULD RESULT IN TERMINATION OF THE JUDICIAL OFFICER. POLICE OFFICERS SHOULD BE MADE UTMOST HONEST ,IF THIS IS NOT ADHERED TO EVERYTHING THAT WILL COME BEFORE THE COURTS WILL NOT BE REAL OR TRUTH AND REALITY AND TRUTH SUFFERS. IN INDIA THE MOTTO OF THE JUDICIARY IS YADHO DHARMA ,THADO JAYA. WHAT IS RIGHTEOUS WILL WIN. THE MOTTO OF THE GOVERNMENT IS SATHYAMEAVA JAYADEA. TRUTH WILL TRIUMPH. THIS WILL ALSO EMPATHISE THAT JUDICIARY IS CONCERNED WITH RIGHTEOUSNESS AND GOVERNMENT WITH TRUTH. RIGHTEOUSNESS IS SIMPLY GOOD. LAW IS THE ONLY GOOD WAY FOR THE SOCIETY TO FLOURISH AND DEVELOP IN PEACE AND PROSPERITY.
SO THAT THE WORKING OF THE RULE OF LAW SHOULD BE STEAM LINED FOR US TO LE APE INTO THE ULTIMATE PROGRESS ACHIEVABLE BY HUMANS.
GADHADHARAN.P.
3/604,MANIPURM LANE
NADAKAV, CALICUT-673011
KERALA STATE
INDIA
MOBILE;09847087545
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