Should persons facing criminal charges contest in India elections?
By: Kamal Kishore Sharma
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FearlessShould persons facing criminal charges contest in India elections | Kamal
Kamal Kishore Sharma
Community Contributor (India)
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Hi, everyone, welcome and please join me on this week’s Kamal’s Current Affairs.
Should persons facing criminal charges contest in India elections?
Pendency in Civil and Criminal cases discourages the aggrieved people or petitioners because patience has limitations and it also derogates the quality and spirit of justice.
If litigation increases with pendency then the cost hikes and it may make penurious to the petitioners so victims don’t dare to seek justice in HC and SC.
Even some people don’t dare to file petitions in lower courts to save themselves from the complicated process and expenditure because repercussions of the verdicts may be gruesome rather a Greek gift that may paralyze one’s life.
Some learned people like arbitrators for various solutions. I observe that they like to give commission to the clerks and concerning authorities for a favor and a balanced resolution. Court proceedings are hectic and troublesome.
I wish to quote a Civil Case of the Labour Court here, one of my relatives faced the trials for 8 years where he attended all the trials when summoned but the opponent or consul of the government and legal officer remained absent mostly and Session or Hearing adjourned.
Indirectly courtmen also went on leave and a single incumbent was holding the affairs of two jurisdictions in different districts. Attorney discouraged the petitioner and declared pre judgment giving some evidence and precedence and he promoted indirectly commission for the favor.
What the Session would run for a year only it was extended for eight years where my relative or petitioner crossed the age limit for induction in the government service.
It is not the Princely State where Summary Trials are served to provide justice to the defendants or subject. Even a person of General Category is a wretched man in the Indian Democracy where the nation is not responsible for providing jobs to them because we are Secular and Social only on paper and so we are not communist but various governments are following the principles and policies rather philosophy of communism in the implementation of job opportunities, scholarships, education and personal laws to the communities of Reserved Categories.
They cherish freedom mostly beyond the spirit of Constitution and Socialism due to political vote banks even they go abroad for higher education receiving government subsidies and scholarships and reimbursements of the education loans.
I just complete the story that the honorable court pronounced verdict in favor of the petitioner to reinstate or reinduct him the government service but without damages.
I came to know that it was actually a direction as the wretched victim belongs to General Category and no concession for age limit would be granted to him, and he was unemployed for eight years without legal termination and sorting whereas more than two years he served the department as a Chowkidar or a fourth class employee and he was striving so he would be appointed on the basis of daily wages what the standing order there whether he was served an Appointment Letter or not rather he was underpaid because bills were fabricated or no bank payments were wired.
He is wretched and poor because he belongs to General Category so I advised him not to seek justice in HC etc as you were not awarded damages by the court. I say him keep calm and satisfaction because you are appointed as a daily wager on the mercy of the court to follow and accept the direction of the Labour Court after all humanity is a path of Natural Justice what the learned judge exercised so the judge have eyes for justice however it is a marathon race, not a race of 100 meters or Summary Trial.
Don’t be myopic and proceed to HC because your pecuniary plight doesn’t allow you and repercussions may endanger your future life.
Our parleys and public servants should think over the Summary Trials and Arbitration making life simple getting judicial remedies.
I am law graduate but I developed a phobia to face trials and courts proceedings and I am afraid of the ballooning budget and expenditure incurred thereto hence I like to live in virtual life of medieval period where justice was provided to the public free of cost in the Princely States.
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