Opinion Innovative speedy justice

Our Supreme Court has elevated right to speedy justice to a fundamental right under Article 21 of the Constitution.

Soli J. Sorabjee

October 23, 2011 01:46 AM IST First published on: Oct 23, 2011 at 01:46 AM IST

Innovative speedy justice

Our Supreme Court has elevated right to speedy justice to a fundamental right under Article 21 of the Constitution. Despite its several admonitions and strictures,criminal justice delivery system is in a pathetic state. Undertrial prisoners rot in jails for periods longer than the period of maximum sentence imposable upon conviction. Delays in Rent Act cases are notorious. A landlord with a cast iron case will be lucky if he obtains vacant possession of premises from the recalcitrant tenant within 10 years of the institution of the suit. Lack of judicial manpower,intervening appeals and applications and grant of special leave by the Supreme Court in undeserving cases are some of the reasons for the horrendous delays. Far worse is the position of prisoners on the death row for long periods. Every passing day is fraught with acute pain almost tantamount to torture. Government maintains it is not possible to fix a period for disposal of mercy petitions. True,but the same should be disposed of with utmost expedition as ruled by the Supreme Court. What is the problem if political considerations are eschewed?

Divorce petitions also take a long time. Consequently couples are in suspense about their matrimonial status and future matrimonial prospects. In this connection Sunni Islamic seminary Dar-ul-Uloom Deoband has made a unique breakthrough. A husband had angrily said talaq three times to his wife on his cell phone. The wife claimed that she did not hear it even once and that nobody was around both of them. The man inquired whether talaq had taken place. In its reply,Dar-ul-Ifta said,if you have given three talaqs to your wife,all the three took place and she became haram (forbidden) for you. The seminary further clarified that it is not necessary for talaq to take place that the wife hears it or the witnesses are present. This indeed is an instance of fast track rough and ready speedy justice. However,the principles of natural justice and fair play obviously have no role to play.

Pak-US on warpath

There are no permanent friends in the world of politics. Pakistan,once a trusted ally of the US,is now regarded with distrust. The relations soured after the asylum given to Osama-bin-Laden in Abbottabad and the US military action without consultation with or knowledge of Pakistan which resulted in the killing of Osama. The US has legitimate concerns over the safety of Pakistans nuclear arsenals which has approximately 90-110 nuclear warheads. The concern is aggravated by the instability in Pakistan. A proposal was mooted that the US may snatch and grab the nukes to prevent them falling into the hands of the Taliban and radical sympathisers who will have no compunction about unleashing them against perceived enemies of IslamUS,Israel and India.

A war of words has erupted between the two countries. According to Pakistani public opinion and military circles,US is likely to attack Pakistan. This is clear from ISI Chief Pashas message to CIA head Gen David Petraeus that Pakistani people will not tolerate any US misadventure and it would be left with no option but to retaliate if the US launched a unilateral raid. Gen Kayanis warning to the US to think ten times before launching an attack on Pakistan and his reference to its nukes is indicative of a belligerent Pakistan. Pakistans tough talk is attributable to three factors. Pakistans pride which will not tolerate beyond a point warnings and strictures from the US. Secondly,its nuclear arsenal and thirdly its assured support from China.

The US apparently does not take Pakistans admonitions seriously. It knows Pakistans abject dependence on it for economic and military aid. Secretary of State Hillary Clinton on Thursday demanded that Pakistan dismantle Taliban safe havens. She urged Pakistan not to have snakes in its backyard and expect them to bite only its neighbours. It is hoped that the point of no return is not reached and war clouds will soon be dispersed. If peace in the region is endangered,repercussions will inevitably fall on our country.