Monday, November 29, 2010

Night shift justice

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Nigh shift justice

In Ramayan Lord Ram did not ask any work to be done by others which he did not like to do meaning there by Ram also equally used to share work with others. Same was the case in Mahabharata where Dharma raj Yudhishthir also did the same thing. In fact they were really persons who used to think in judicious manner though then justice system was not developed as is in present day in synthetic way. But it was Hindu culture where people used to behave in humanitarian judicial manner.
When High court announced that there will be nigh shifts in district judiciary I though that it will also implement in High court also as High court has only 210 working days to work and every Saturday is holiday for High Court and there is no restriction that judges should sit on Board till working hours are over. Few judges leave court before working hours are over. But to utter surprise it did not so happen. This is perhaps not abnormal because the times have changed and gone and bossism is rule and not collective responsibility is rule. Perhaps High Courts have equally huge work to do and it should think in right perspective and it is sure they cannot do as 70 percent judges from Bar and their approach is though not negative but certainly not positive.

Perhaps in judiciary M.P. will be the first state to start night shift courts like other mills or factories to produce judgments .It appears that there is huge demand of judgments rather than justice to people. Every one wants to prove that he has made radical changes in the department. Every one has aim to go on upper level in the hierarchy by hook or crook or by cheap popularity. What is required is to declare these courts as industry and to implement labour laws to the district level judiciary so that the ‘labourars’ may get justice through labour courts more easely.The most advantage would be the judges would be able to form trade unions and may go on strike from time to time and may also demand for higher ‘wages’.
The Registry of the High court is duty bound to give correct opinion and not to toe with whims of few High court Judges. There were stalwart Registrars who were firm in giving their opinion and there are several instances where the Chief Justices had turndown the whimsical decisions. Now a day the registrars also wait for their tern to become High Court judges and hence they become yes men only and sit in crouch gesture.(in fearful manner).
Looking to the present day position the judges of the distinct judiciary live in terror and in a fearful manner. They are made cowards and this is the main reason for decline in quality work. Now a day a judge works under ‘Damocles sword’. This phrase has two meanings. First, "Uneasy rests the head that wears the crown." Second, and perhaps more prophetically, "The value of the sword is not that it fall, but rather, that it hangs. This is the reason that the moral of the district judiciary is being lowered down and be sure that this will not help to increase the reputation of higher judiciary disposal of more quality wise case. Previously half an hour working a day was increased, Again working days were increased and public holidays were reduced and now night shifts also added. Be sure nothing creative or constructive will happen as higher judiciary has no magic wand to wave so as to bring silent revolution in the judiciary. The judges of the district court follow and work in conformity with the higher judiciary. Therefore what is required is the higher judiciary should behave and work in such a manner so as to enable the lower judiciary to follow like disciples. For that it is incumbent on the members of higher judiciary to be like saint and their institution a saint hood. It appears that there is communication gap between district and higher judiciary. Ravindra Nath Tagore had rightly said that grown ups never seem to understand the mind of a child. No one should instigate lower judiciary to revolt for seeking justice for itself against judiciary and against justice it self.

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