Is the legal system/judiciary a menace in Gujarat and India?

No builder has been punished in Earthquake faulty construction. No Bank Director/Chairman has spent long time in Jail because of co-operative bank scam, everyone knows who was behing Haren Pandya murder but the delay has caused the culprit to cook up other story and find an escape route, laws are broken by employees and employers in coroporate sector. Small businesses do not pay taxes. Ministers and Babus - most of them are hugely having black money in real estate deals. Practically every big company listed in BSE/NSE can be brought to trail because of fake account statements.

India is a lawless society would be an understatement. Over 3 crore cases are pending in courts and you can easily  tenfold the number if we had something like Prepaid Legal Services which is there in US and if people are encouraged to file cases. India has only 13 judges per million while US has over 130. Mind well US has very tight rules and people are following it. Case disposal is speedy.

Lots of loopholes exist in our legal systems, which are exploited by people of criminal nature and lot of our legal counsels, because of which, at times the santity of the law made for that purpose is defied and a normal man does not get justice in time and the phrase of Justice Delayed is Justice Denied, purely fits in those types of cases prolonging in our courts, which are over burdened.

Justice delayed is justice denied. We have instances that the persons are convicted and after suffering the punishment are found to be innocent, this should not happen at all. Maxim of law says: "let hundreds of criminals be set free but not punished a single innocent."

No stringent laws in India. Entire Legal Acts needs a major overhaul.

Kasab, Raju, Raja, Kalmadi and likes have dared to run over the country and are having last laugh creating a mockery of all Indians and our legal system. We are being laughed at when it comes to judicial system. All criminals either get out of bail too soon, siphon off their monies outside the country or if in jail, live on tax-payers money for year and years.

'Let Law take its own course' - is the most shameful statement being used today in India. What it means is that 'Shut up for next 20 years'.  The way it stands today in India is you can rest assured that you can get away with serious crimes like Murder, Rape because there are no fast, speedy trials.

Let me give an example of NetVision maninagar section 138 case where Samir Kapadia  of Dhruv Computers gave cheques of Rs. 5 lakhs that did not pass out. With not having intent to pay the cheques he said that his Dad Mr. Jitendra Kapadia had good connections with SBI Bank and nothing could happen. Mr. Govindbhai Nagar - SBI Amraiwadi Bank Manager forged documents, destroyed original partnership deed, replaced with new one, had fake stop payment letters in bank records to confuse the proceedings.

It is over 10 years and with many many RTI applications, things are finally coming to light that SBI Manager was involved.  But court hearings and delays have created hurdles as bank managers get transferred and don't show up in hearings.

With delayed justice one can easily change the course and the culprits can get away easily. In the entire matter for instance, Samir Kapadia of Dhruv Computers have hardly been brought to court. You have documented evidence of forgery,insufficient funds and bank involvement, it has taken 10 years and matter is still in court.

In Corporate/business world, it is even worse.Employees breaching contracts and disappearing from offices without notice, employees stealing data, companies poaching employees, employees and companies infringing on your Intellectual Property Rights, Sexual Harassment/molestation by peers,not having equal opportunity for man/woman, etc All of the above is grossly wrong and if any foreign investor has gone through the legal suit in India with him being on the right side, he would never look at India again - no matter what growth story India has.

If our Police was more active, agile and have more powers, many cases would be solved before going to courts. Policemen are not trustworthy and hence most cases get transferred to courts.

Govt has to seriously look at appointing lot many judges and fast track courts for speedy disposal of cases.

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1 Comments

I was a student with your institute sir. I know you had later run into cheque bounce and cheating from http://www.facebook.com/profile.php?id=734199183 and http://www.facebook.com/profile.php?id=1573275175

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