The Bombay High Court has today given its verdict in Salman
Khan’s appeal. A lower court had found him guilty in a hit-and-run case. The
High Court took just over 7 months to decide this appeal. Salman Khan, I am
sure, will be relieved that his appeal has been decided so quickly, and of
course, in his favour. Most criminal appeals, unfortunately, do not get decided as promptly. In the DAKSH database, we have details of 52,921 criminal appeals
pending in 18 High Courts across the country. On an average, the pendency is 5
years and 9 months. Appeals in the Bombay High Court actually take longer.
Currently, the DAKSH database has details for 657 criminal appeals pending in
the Bombay High Court. The average pendency is just over 13 years! So, Salman
Khan should thank his lucky stars that his case was decided so quickly. Of course,
Salman Khan was already out on bail pending his appeal. Many other people who
are convicted by the lower courts do not get bail and spend time in jail while
their appeals are decided by the High Courts.
While Salman Khan’s troubles may be over, the quick disposal of his appeal in fact raises troubling questions about
the functioning of our judicial system. While delays are part and
parcel of our judicial system, prioritisation of certain cases over others, and
the reasons for such favoured treatment, challenge the notion of equality. The judiciary should follow the ‘first in, first out’ principle in
disposal of cases, except where there is a demonstrated urgency. And the first
in, first out principle should apply amongst the cases which are deemed urgent
as well. Identity of the individuals involved in the cases should not be a
determining factor for determining the urgency involved. Instead, it is the subject matter of a case
which should determine the urgency involved and the need for priority. The
Salman Khan appeal, and the Jayalalithaa appeal (decided by the High Court of
Karnataka in super quick time pursuant to a direction of the Supreme Court) are
seriously troubling exceptions to the travails of the ‘other people’ whose
appeals go on for years.
How can we put pressure on the legal system to follow a FIFO system for both regular and urgent cases? It makes the citizen feel disenfranchised when the justice system takes a case out of turn because the defendant is an important person. Also, what are your comments about the acquittal of a case owing to legal technicalities and why did the lower court not see fit to acquit the accused?
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ReplyDeleteAnother season of Bigg Employer is ready to start soon. We also know that commoners have been asked to audition for Bigg Supervisor 11. It appears like the future season is just as before going to be always a mad blend of commoners and superstars. The speculations across the contestants of the Bigg Manager house is also at its maximum. But the labels that have cropped up in the Bigg Supervisor 11 set of contestants can be no real surprise to many. Apparently, a list was just lately leaked of contestants contacted for the Salman Khan-hosted show and it includes a few popular brands, one which is YouTube discomfort Dhinchak Pooja.
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