Freedom First
Freedom First

Home » Archive

Issue No.: 571 | January 2015
 

Justice Delayed

Farrokh Mehta
back
The number of cases pending before the courts of the country has inundated the judicial system. The Government and the Supreme Court, aware of the injustice inherent in this present state, are attempting to come up with solutions. Substantially larger benches could be one quick fix, though this carries with it the risk of diluting the quality of the benches. A bouquet of systemic changes is essential.

Recalling my personal experience of a cheque bouncing case in the lower court, I have identified real, practical reasons why there are countless postponements. 

1.   The defendant is not present and his lawyer seeks an adjournment. 
2.   The lawyer was present but sought an adjournment as his client was not present / was ill etc., 
3.   The judge was not present/ ill 
4.   The judge was transferred and his successor was not immediately appointed. 
5.   The listed matter did not come up for hearing.

Between these five causes and their permutations and combinations, my case could not progress. An open and shut case of bounced cheques remained unheard for over three years, while my lawyer and I attended every hearing. The delays cost me more than the amount to be recovered!

This simple example throws up one simple, actionable decision: No party should be allowed more than three postponements. After that, an ex parte decision can follow.
Farrokh Mehta, Mumbai.
 farrokh_mehta@yahoo.com
 
back

Share

 
 
 

Archive

 
 

Other Articles in this Issue

Between Oursleves

Between Ourselves

S. V. Raju
 

Obituary

Aspi Moddie

 

Balraj Puri

 

Prime Minister Modi – Reforms and Governance

Modi and His Alter-Ego

Firoze Hirjikaka
 

The Late unlamented Planning Commission

The Mint
 

Swachh Bharat

Rekha Rao
 

Foreign Relations in the 21st Century

“Look East” to “Act East” and “Link West”: New Direction and Dynamism in Indian Foreign Policy

B. Ramesh Babu
 

Why China Wants to be a Full Member of SAARC

Nitin G. Raut
 

Point Counter Point : Every issue has at least two sides

Return of a Jihadi

Ashok Karnik
 

The Hisar Seige

Ashok Karnik
 

Mamata’s Ire

Ashok Karnik
 

Shiv Sena’s Contortions

Ashok Karnik
 

The Tibetans’ Struggle for Freedom

Missing the Whole Picture

Tsewang Sonam
 

World Human Rights Day

 

Reflections

Constitution – an Instrument of Governance of A Nation: Austinian and Ambedkarian Perspectives

B. N. Mehrish
 

Some Thoughts on Our Judiciary and the Media

H. R. Bapu Satyanarayana
 

Justice Delayed

Farrokh Mehta
 

Threats to Upright Bureaucrats and the state of Investigative Journalism

V. Krishna Moorthy
 

The Jhagada Dals

T. H. Chowdary
 

Bharatiya Sanskriti Bhavans

T. H. Chowdary
 

The Rural Perspective

Agriculture and Rural Indebtedness - V

R. M. Mohan Rao
 

Book Review

CONFRONTING THE STATE

Nani Gopal Mahanta
 

ALTAMONT ROAD AND OTHER TRUE STORIES

Sheryar Ookerjee
 

DEATH WASN’T PAINFUL: STORIES OF INDIAN FIGHTER PILOTS FROM THE 1971 WAR

Direndra S. Jafa
 

Educating Adults

Legalise Prostitution: Shift the Onus on the State

Hina Manerikar
 

Review of the Right to Information (RTI)

N. S, Venkataraman
 

Nostalgia

Many Voices from the past

 

Miscellany

Sentencing Oscar Pistorius

Judge Thokozile Matilda
 

On the Medical Profession

Eric G. Campbell,
 

Satyarthi’s Nobel Gets Muted Response

Business Standard,
 

Nehru and Kashmir

Brig. Suresh Sharma
 

Defence Budget

Brig. Suresh Sharma
 
 
The journal of the Indian Committee for Cultural Freedom
© Copyright Freedom First. All rights reserved.
Freedom First
3rd Floor, Army and Navy Building,
148, Mahatma Gandhi Road,
Mumbai - 400001. INDIA
Tel: +91-22-2284 3416, 6639 6366
Email: freedomfirst1952@gmail.com
Home
Freedom First Archives
Quest Archives
Contact Us
About Us
About ICCF
About Freedom First
About Quest
Publications
Swatantra Party
Introduction
Swatantra Party Documents
Sitemap