Umaria : कोर्ट क्यों पूरी तरह बंद है जब की सरकारी कार्यालय खुले है ? Violation Of Urgent Matter Hearing Order Passed By District Judge
“In an era in which many people conduct a large part of their lives using some kind of an electronic device — whether it’s a smartphone or an iPad or some kind of tablet or computer — the judiciary has got to enable the ways in which we conduct cases to match the expectations of the public.”
Lord Justice Adrian Bruce Fulford
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8950 OF 2011 KRISHNA PRASAD VERMA (D) THR. LRS. APPELLANT(S) VERSUS STATE OF BIHAR & ORS. RESPONDENT(S) September 26, 2019
2.Most litigants only come in contact with the District judiciary. They cannot afford to come to the High Court or the Supreme Court. For them the last word is the word of the Magistrate or at best the Sessions Judge. Therefore, it is equally important, if not more important, that the judiciary at the District Level and at the Taluka level is absolutely honest, fearless and free from any pressure and is able to decide cases only on the basis of the facts on file, uninfluenced by any pressure from any quarters whatsoever.
IS IT APPROPRIATE FOR THE COURT TO SHUT THE COURTS COMPLETELY?
Closing the courts to the citizens and noncitizens will unhinge the Constitution and the many statutes protecting them. The courts implement the rule of law and society has no other protective recourse. Any situation which denies the access of justice to the citizenry will have serious repercussions on the rule of law itself.
There are several aspects to the problem in these trying times.
ONE, RULE OF LAW: Access to justice is a very important and determinative factor before any of the options are considered. People may wrongfully be under incarceration deserving bail, some will need protection from eviction/dispossession of their properties, aggravated actions of the executive and the wings of government will have to be restrained which effects their rights of life and also their right to property and other fundamental rights, protection from arbitrary actions of the instrumentality is of the state, people seeking protection from land mafia and other antisocial elements, avaricious financial institutions grabbing valuable market and hypothecated assets women and children seeking maintenance in matrimonial courts, women and children of foreign nationalities to travel to their home in this hour of crisis,. The list is endless. To cite Justice John Paul Stevens of the US Supreme Court, “It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law”.
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