Dr P V Sesha Sai Aswamedhayaaji
Web http://aswamedhayaaji.com/, e mail shodasisai@gmail.com
Camp: Albany NY USA: 29th June 2009
My dear friends and like- minded persons
THE REFORMS I EXPECT IN INDIA – THE NEXT GENERATION (WITH PARTICULAR REFERENCE TO THE JUDICIAL SYSTEM)
Most of you have already been in receipt of series of mails under the caption “The Reforms I Expect in India – The Next Generation”. I did mention few important changes to be brought into the Judicial System to create a confidence amongst the people of India on the Existence of Law and timely justice and also quality justice becomes possible on the holy land. It is to be remembered that once upon a time, Judiciary was considered supreme even the kings were punished severely by the Judiciary.
It is a fact agreed by the learned scholars of Law that “Justice Delayed is Justice Denied” which does mean that timely justice is a must. The second point agreed upon is “though a criminal is let free, surely an innocent should not be punished”. The innocent gets punished in two ways, 1) by the lapse of time and 2) by biased Judgment. These points are exactly the base of this paper whereupon reforms expected are placed for a discussion and an outcome. My knowledge in legal matters may not be sufficient to appropriately suggest the changes wanted, but my logical reasoning expects the following and this is to be further modified and analyzed by the masters in the related field.
I really do not know why and how the Jury system was dismissed in Indian Judicial System when the law mostly was copied from the foreign codes. As earlier suggested a time frame work for civil cases help the people to build up confidence on the system, while a re-introduction of the jury system may help largely in criminal cases. Again, honestly to speak, letting out criminal is nothing but doing injustice to an innocent. Criminals should not feel that they can take shelter under law through the weak links of law in the prevailing situation. I feel that a Jury panel to be maintained by each court which entertain criminal cases, and that the members of the jury should be drawn from the public other than the empanelled advocates. A case also may be considered where 20% of the Jury are from the legal side and the rest from the senior citizens and senior citizens alone who are supposed to have maturity at thought. A large panel to be maintained and a list of jury for each case to be drawn through a machine (human element to pick up the members of jury to be avoided as far as possible which gives room for dilution of the system in the existing conditions). Perhaps law has to be amended in such a manner that proper reforms are introduced at least from now on.
It is really matter of appreciation that the Judiciary now-a-days is firm in its decisions like holding the Government responsible for the attacks on Indians in Australia; publicly coming out by some judges of Madras Court without fear or favor, on the Ministers for influencing the Justice; holding the Government responsible for the irresponsible attitudes of the Registrars in AP and many such. Only Judicial system cannot clean the entire dirt and it is time WE all join and through thought provoking ideas whereupon with a hope that some one – in the system would hear to the cries and takes care of the system.
We have committed people as is seen in the administration of the poll conduct in the recent elections by the Election Commission as well by the Police Administration. We have many quality based people and quality supporters and let us try to upkeep the quality and help at least the next generation to have a safe and purposeful life on the Holy Land of India.
Yours affectionately
HARA HARA MAHADEVA
DR P V SESHA SAI ASWAMEDHAYAAJI
I AM TRYING TO KEEP ALL THE ARTICLES WHICH HAVE BEEN WRITTEN BY ME IN THE PAST UNDER THE TOPIC “The reforms I expect in India – the next generation” in a blog separately created for this purpose with a caption http://thereformsiexpectinindia.blogspot.com and please subscribe your opinion on different subjects from time to time.
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