Laws are peculiar in their own ways and for the reasons best known to the judicial system of India. The experiences faced with the real life are presented here to understand the gravity of the problems faced by the people.
In a cheque bounce case, the court postponed the hearing on several occasions for one or other reason. Each time, the banker promptly attended the case as a witness to the duel.
When a bank filed a suit for recovery of the delinquent loan, the defaulter was not summoned first, but the plaintiff was asked to give a declaration. Moreover, this hearing also took place after adjourning earlier for the reason the judge went on leave. In another incident, the hearing was deferred to another date when the witness did not turn up.
It is regrettable that the witnesses are examined as if they are involved in the offense, frauds or embezzlement. They are made to stand for hours together. Moreover, the hearings are adjourned without any valid reasons thus forcing them to attend the court on different dates, sometimes even spread over several years. Why not the court completes this in one sitting and make a video recording for future reference and deciding the case?
A premier investigation agency asked the witness (an ex-Bank manager) to come to identifying the accused whom the former, after a long wait of 8 years, apprehended and kept him under custody. When the witness recorded his statement, no coffee or tea was offered to him even for courtesy sake.
The cumbersome process of prosecuting and booking a culprit under the law is understandable by anybody. However, the examination and cross-examination of a witness can be simplified to one-sitting exercise instead of conducting for years together.
The valuable time of the witness is lost while the dispensation of vital justice gets delayed. Moreover, the expenses incurred by the witnesses to attend the court are not paid by the latter as no procedure seems to be in place. These witnesses reach the courts from far-away places by keeping aside their official and personal duties. Not only that, the cost of delayed judgment would be very high if the time value of money is considered. It’s high time, the experts and authorities concerned take appropriate measures to set right the anomalies in the system.
A good civilized society must have a reliable and vibrant legal system to ensure protection of rights, and redressal of any disputes among the citizens.
Author, an Ex-Banker with Masters in Agricultural Economics, publishes very useful and practical tips and ideas for happy life at his site http://www.mohanspage.com
Article Source: http://EzineArticles.com/expert/Mohan_Thulasingam/1400491