Really!! Lawyers attempt to beat up a judge in Ghaziabad because he does not agree to their demand for an immediate hearing of a case. They storm the courtroom and even attack a police station, causing damage to furniture and electronic equipment. The judge has to be escorted out and the cops resort to a lathi-charge to bring the situation under control. A political angle is being suggested in the incident, but the big question is how an environment like this can exist in the judicial system. Will matters now continue as usual? Going by the pace at which the judiciary functions, how likely is it that the perpetrators will be punished? Also, will the causes of such pent-up rage be examined and corrected?
Courts are expected to function not just according to rules and regulations, but also in line with noble conventions, providing gravitas to the proceedings. It is a culture that is expected to be inculcated among the legal fraternity from the time one studies for a degree and then interns with a senior. It needs to be deep conditioning that leaves no space for rowdyism.
At the same time, it must be noted that India’s judicial system is the most dysfunctional amongst all the pillars of its democracy. Everybody knows this but it is a mystery why correctives have not been applied. One reason could be that the present system suits all concerned. Possibly, the longer it takes to arrive at a verdict, the more money is being made. So, there should be processes introduced that ensure delays cost the judges in terms of career advancement, and fees in the case of lawyers. Unlike most developed countries, the plea-bargaining system – the first resort in many not so serious cases – is almost non-existent in India. Many cases that can be resolved in the course of three or four hearings are unnecessarily extended for long periods of time. It is only in the case of some local VIP that the system is expected to deliver according to the norms. Which is what resulted in the Ghaziabad incident. It can be safely said that going through the judicial process is the real punishment, unfortunately more for the innocent, than the guilty. It is no wonder that even the normally upstanding citizens prefer to pay bribes rather than seek their day in court. How else, for instance, would the cyber arrest scam succeed? The question is: Who will take the bull by the horns and reform the system?
