Judiciary the Biggest Unknown, Unexplored & Unspoken Scam?

By. Dr. Kapil Kakar

(Reformer, Social Activist,  Author, Psychologist & Founder of You Tube & FB Page Dr. Kapil Kakar Reforms in India)

'Judicial Market' is at least of Rs 30,000 Crore as per Dakh a Benagluru Based NGO. The  word‘Market’ is not used by the NGO Daksh but it’s being used by me. Daksh framed it in a refined, polished & nice manner and construe “cost incurred by the Litigants”.

But, Yes I call it ‘Market’, because there is a Trade/ Business happening every day, where the Payer/Spender does not get anything more than a date. And this process goes on for 10 years i.e. 3650 days and the market booms for the Judiciary and the spender is sent home with ‘Hope’ in return.

  A country like ours, where 3.3 Crore cases are pending and Rs 30,000 Crores is being spent as per NGO, without anything in return isn’t it a  HUGE SCAM in Itself. And this SCAM happens year after year and masses made to believe that its normal, justified and a process. 

This 30,000 Core is the cost incurred by the litigant in the form of fee and other expenses, this figure is based on the research by Dakhs, which states, that in civil matters the complainant spends 20,000/- and accused Rs 15000/- for the complete case and in criminal matters the complainant spends Rs 10,000/- and accused Rs 20,000/- per case.

 Don’t you think these figures are too conservative. The reason could be,since 44% Litigants Income who were interviewed by the NGO, was less than 1 Lac annually, moreover, we all know major chunk of the payment goes to the Lawyers in form of cash, which is mostly unaccounted for. Hence, the figure of Rs 30,000 Crore spent of Judiciary seems too tiny, especially when a Lawyer may even charge 1 Cr Per Case Per hearing. 

On an average Sr. lawyers Charge Rs 7 LAC  Per hearing, Per Case.  And not to forget the extra cost involved of making of petition etc which also would add up to a significant total, though not as significant as these Lawyers.

As I said, this figure of 30,000 Crore is conservative in nature, since almost half of the litigants interviewed had income of lest then Rs 1 Lac annually where these 44% are reluctant to  even go to higher courts for the lack of funds and on the other hand Judiciary and its ambassadors make merry thanks to the CORRUPT SYSTEM  which is no less than a SCAM.

If we come to an un-conservative and dynamic scenario and figure, where a litigants are well off with adequate earnings and decent livelihood and on an average if they spend 2 lac if not more (Keeping Lawyer fee etc in mind) in a case the, ‘JUDICAL MARKET’ will add up to  3  LAC CRORE Annually.

Reason, why 3 Lac Crore tantamount to a SCAM is because at anytime when you spend money, you have a time line, to expect a return on your money and complaint made. Hence a that timeline has to  be there and that too a practical and acceptable. Suppose, you buy an Air conditioner of Rs 20,000 and you are told that the product will be delivered in 5 years, will you not feel cheated?  Some may argue that this profession is a service and not a product and to them I will again like to point out, if you visit a Doctor (Service) or a CA ( Service), do you have to wait for 5-10 years to get the service. Of course not and if it takes you that amount of time, you  would again feel cheated.

 And when masses are cheated over and over again by not getting timely Justice despite paying for the services, it automatically becomes a SCAM.  And that too a major scam, that despite Judicial market trading Rs 3 Lac Crore every year, still in the name of Justice, the person doesn’t get anything but dates, where as per the NGO, an average ordinary case will run in Lower court for 2184 days (almost six years) and in High Court 1128 days which is three years and 1 month.

Have you ever wondered, why, despite more than 25 Law Ministers serving  Law Minstry and that too all top Lawyers, all of them aware of loopholes and deficiency in the system, never bothered to plug in the hole and cure the system. It’s because, these Law Ministers, at one time were successful Lawyers, who made a more then decent living because of this man made systematic errors and the same bait they will want to pass it on to their progeny, so that the next generation takes advantage of such defective system.

Justice Thakur had said we are short by 70,000 Judges, but the Law Ministry will not work on it, because quick disbursal of cases would also mean that lawyers, will not make as much money and stretch the case for longer period of time. In other words, lawyers making money don’t make it from their hard work but they make more due to this shameful defective system, which allows them to stomp people with heavy fee and unaccounted dates and this has been programmed in masses minds, that this prevailing system is definition of Justice.

On the contrary, some may make sad and bizarre argument, Yes, slow ineffective Judiciary may be the case but it is still good for the economy, as it help in flow of money, generating employment and livelihood but my question to them is that smuggling, drugs etc  also helps economy, so should that too be legalized.

The equal contributors in this scam are the Chief Justices, who are often accused by Govt,of Judiciary over reaching space and authority, in other words, Judiciary has started getting involved and matters, which do not fall in their domain and ambit. But, despite, these 3.3 Cr pending cases, all the CJ’s haven’t shown the overreaching interest of bringing in orders and Judgments, to make things speedy and far reaching. CJ’s have done nothing to correct the system despite the ever failing confidence of people but have already made things worse. Its because they too are part of the SCAM.  Judges, like School Children get Summer Break, Winter Break this holiday and that holiday, but no interest in common man suffering and working on this SCAM.

In the words of Justice V N Khare the 33^rd Chief Justice of India who accepted that Judges were corrupt. So like lawyers, when Judges are also getting cream from the cases and opportunity to earn from people suffering, why will they want to get rid of such shameful and unsystematic system,. Hence Judiciary is a Scam which will continue, until we have a sincere Law Minster and Serious PM who wants to work of Judicial reforms. But yes, once gain ‘JUDICIARY IS A SCAM and we need to make people aware about it and make it a mass drive.

#Untrained Judges #Injustice #complaint against Lawyers #Complaint against Judges #Wrong Judgement #Partial Judge # Biased Judge #Corrupt Judiciary #Corrupt Judges #Corrupt System #Chief Justice # Judges #Courts # Family Courts #Child Custody # Justice Delayed #Justice Denied

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email: kapil.kakar@gmail.com