JUSTICE DELAYED OR BURIED?

It is a paradox that at all levels of the judiciary, the Government is the biggest litigant fighting the common man. A stunning example is provided by Neethivilangan, an employee of Cheran Roadways Corporation(CRC) at Cuddalore who was dismissed from service when he was 34 years old. He moved the tribunal against the dismissal order. The tribunal quashed the dismissal order and directed for reinstatement. The CRC approached the high court which refused to reverse the tribunal order in 1998. The supreme court also refused to approve his dismissal. Normally the Apex Court order means the end of a litigation. But this unfortunate employee was forced to avail another petition in the high court in 1999 after the CRC did not take him back. This round of litigation also ended when the Apex Court dismissed the CRC's special leave petition. The authorities invented a new way to defeat the second order of the apex court. Neethivilangan was reinstated in service on July 16, 2001 only to be suspended on the same evening and dismissed later. The poor man embarked on another round of litigation. This time directly before the Apex Court which advised him to file an execution petition before the subordinate courts for implementing its orders. What a remedy or punishment for this ordinary soul? The so-called execution petition is still being heard by the Cuddalore Labour Court, which is unable to settle it because the CRC management had been taking adjournments. As this is not enough, a Criminal case pending in 2006 was cited for his removal. But luckily he got acquitted from all these criminal charges too. So another round of litigation started this time challenging his second removal from service. This also ended with the Madras High Court quashing it. Though he could have been reinstated in 3 months time, the authorities have not complied with that order, instead they have preferred a special leave petition which is yet to be numbered in the Apex Court.

It is an irony that the Apex court of this country is unable to execute its own order and this had unfortunately been forcing the litigant to approach the subordinate level courts for its execution. It indeed tells volumes on the inefficiency and inadequacy of Indian Judiciary system. Now the litigant is 62 years old and throughout his career he has been fighting against the Government and its agencies. Probably he would be bestowed with justice only after he reaches the God’s abode. What a wretched system is prevailing in this country? If this is the speed of delivering natural justice, then not a single common man can hope to get justice from this legal system in 99% of the cases pending before the courts.

To top it all, one hears that the State Government of Tamil Nadu has introduced a new litigation policy that seeks to eradicate the practice of authorities preferring appeals mechanically. If the Tamil Nadu Government is serious about this well-intended policy. this should be the first case to lose from its side.

(Times of India, Monday, Octobher 10, 2011)

HOW TO OVERCOME INJUSTICE BY SURRENDERING JUSTICE?
Later in the month of August, 2011 Delhi Police received a complaint against a boy named Fakruddin that he pickpocketed a sum of Rs.200/- and had stolen an ATM card from the complainant. Although he claimed innocence, he was picked up from Okhla Mandi and sent to Tihar Jail. The Magistrate refused to release him on bail. After 9 months, he was permitted to proceed on bail on production of security for a sum of Rs.10,000/-. He was unable to produce security and hence he was sent back to Tihar Jail. The funniest part is that the boy could be convicted for a maximum of 3 months only for stealing Rs.200/- whereas he had already spent more than a year in the jail. As an intelligent guy, he later on admitted his fault so that he could be released without any further jail term because he had already been punished with 4 times of the punishment given in the statute (law) book. The actual offence in this case was not his theft but his poverty.

One can never be sure as to how our esteemed police and judiciary are going to provide justice in thousands and thousands of cases pending all over India.