APROPOS the editorial `Judicial reforms` (Nov. 5), There is a dire need for overhauling the justice system. The Supreme Court of India has declared the right to speedy justice as a fundamental right of citizens but, unfortunately, our civil justice system is on the verge of a collapse owing to procedural flaws.
The concept of a compromise on serious offences should be scrapped as these are offence against a mankind.
Under the present set-up if a serious offence is committed, the accused party starts lodging false FIRs against the complainant and his witnesses in order to reach compromise.
There is no security for witnesses or arrangements for preservation of evidence.
Therefore, section 162 CrPC needs to be amended on the pattern of the Indian Procedural Law. Every witness should have his statements tape-recorded and put signatures or thumbmark on his statement under section 161 CrPC.
In serious offences the statements of witnesses should be preserved through the magistrate and their evidentiary value needs to be enhanced by amending the Evidence Act.
The reporting system of the lawyers by thejudicialofhcers to blacklistcrafty advocates (as is in vogue in some developed countries) by the district judges will helpimprove the working of the lawyers.
The endless stays and adjournments should be curbed. The right to get justice within one year in a criminal case and two years in a civil case should be constitutionally guaranteed. All the procedural laws should be suitably amended to ensure that such a constitutional right is enforced.
There should be strict limitation of appeals and revisions and only one appeal should be permitted in civil cases. The appeal should be heard and verdict delivered within three months in a criminal case and within six months in a civil case. No stay should exceed beyond 15 days.
Judges alone cannot bring a revolution in the legal system, unless the allied departments play their role. The inaction of other departments prompts the judiciary to overreach its authority and go into matters which are not under its jurisdiction.
