Despite being a crucial component of the system, the judiciary in Kashmir is currently facing difficulties
Banen Hai Ahl-E-Hawas Muddai Bhi Munsif Bhi
Kise Vakeel Karein? Kisse Munsifi Chahen?
Faiz Ahmed Faiz
The judiciary as one of the pillars of democracy is burdened with many duties and responsibilities. The nation’s independent judiciary is responsible for carrying out the laws passed by the legislature. The rights of the people can be protected by an impartial, independent court, which can also deliver fair justice without favoritism or fear. Well, every governmental organ must adhere to the rules of the Rule of Law, this too is a responsibility that falls on the judiciary. Despite being a crucial component of the system, the judiciary in Kashmir is currently facing difficulties. The credibility and accountability of the judicial system remain in question. The nation’s democratic and constitutional government is gravely threatened by the worrisome decline in public trust in the judiciary. A huge number of cases is pending before the courts from district courts to Supreme Court. The judiciary’s ability to resolve matters has lost some of its credibility. The process of closing out a single case takes years. The denial of prompt justice is equivalent to the rejection of justice in general. Practically in every legal dispute, the right to a speedy trial is contested.
There are certain serious cases that need to get priority over other cases such as rape, UAPA and PSA cases. This does not amount to a violation of the right to equality, in fact, equal treatment of unequal’s is the highest form of inequality. Lethargic behaviour and the absence of judges further add misery to the common masses. Frivolous cases should be disposed of as soon as possible and without wasting courts precious time. To save the courts’ time, there should be a pre-litigation procedure in place to dismiss frivolous lawsuits. Recently a good step was taken by the Jammu and Kashmir And Ladakh High Court to combat pending cases in the High Court. The cases that are pending before the High Court for more than 10 years will be heard on certain days of the week and will be listed as ‘Target Cases’.
Additionally, it has been claimed that procedural laws are to blame for the delay in concluding the cases. However, the regulations and the method are straightforward and only need to be understood properly. The delay was not brought on by the legal process, but rather by a misapplication or poor comprehension of it.
The Jammu and Kashmir courts’ second-most critical challenge is to combat court corruption. Judges don’t fall from the sky, according to former Indian Chief Justice Ranjan Gogoi, who also noted that corruption is an established practice that has permeated society. The courts have been the subject of bribery claims, including those that favour politicians and wealthy businessmen when making rulings. People have lost their right to a fair trial as a result of judicial corruption, which violates the fundamental concept of equality. Money and influence are being used in a legal system to determine which cases are given priority or are dismissed. Further, corrupt practices are also done by police officers in and outside the courts. Corrupt behaviour and the abuse of power are ineluctably products of power without accountability.
The third challenge for the courts is to deal with the menace of favoritism and nepotism. The relationship between the advocate and the judge should be disregarded for justice to be served. The judges shouldn’t rule in favour of the attorney with whom they have personal relationships and contacts. In reality, the case’s facts should be carefully assembled, and the law should be implemented with good justification. The exchange of ideas between judges and solicitors inside the chamber must be frozen out. Courts in Kashmir have a biased system because judges make decisions or show favoritism based more on appearance than on an advocate’s ability to advance a client’s claim.
Unquestionably, one of the primary causes of the public’s mistrust of the legal system is the prevalence of these problems within the judicial system. In order to face the obstacles and hold the court accountable, it is now crucial for regular individuals and NGOs in Kashmir to unite.
The writer is LLM scholar and an advocate. She can be reached at aa**************@***il.com