The law, so we are told, should take its course. What we’re not informed of is that “course” isn’t friendly, to the point of becoming a tortuous one.
And yet, the faithful, uninitiated population by and large accept the embrace of practitioners and the courts in seeking redress for its woes.
The path is treacherous, requiring navigation between truths, half-truths, and downright lies. Procedural anomalies are at least better with judgement focusing on stated principles.
Personal issues boil down to two sets of narratives claiming to be righteous. The obvious conclusion is that one of the two narratives is based on false or misrepresented grounds or simply put untruth.
Justice demands the prevalent narrative should be granted “costs” given the lengthy process a plaintiff or defendant has to go through. The practitioner never really loses, having been paid fees by the client.
Unresolved plaints can be protracted, usually because the law enforcing agencies tasked to submit reports are given unbelievable latitude in terms of time.
Similar is the case with plaintiffs and defendants that seek time at the drop of a hat. Needless to say, a plethora of plaints in process overburden the court’s ability to hear and dispose.
Had it not been so cruel, the other delays such as the court’s disposition in hearing, the pecking order of plaints, and the inability of investigating officers to present reports dispassionately would be most amusing.
By one count, there are roughly 60,00,000 cases pending, most of which relate to land litigation. That’s after cases that aren’t accepted by police on a variety of grounds, political being one of them.
Overhaul of laws may be a protracted journey, given a proper exercise requires judicial input, political acquiescence, and the wider public demand
Yet, if a system had been in place for sound legal advice and diligence on the merits of a case, with provision for a speedier and binding arbitration procedure, courts might not have been so hamstrung.
The Law Reform Commission may have taken this into consideration. In so doing, one expects that other factors such as availability of stamp paper at official prices, not having to grease palms in adjusting the cause list, and even that of the law enforcers can be addressed, though that’s a tall order.
The faithful watch in awe as apparently, strong cases and sentences are withdrawn or dismissed overnight for the fortunate few. That’s where the faith bends and, in instances, breaks the belief of justice.
Appeal courts cannot take action when lower courts have erred because judgements are always based on interpretation, thereby differing from individual to individual.
That is barring overruling or being in acquiescence. Laws and punishments must be radically changed, made more powerful, and of greater deterrent. These have to be in sync with the times and change in perception of values.
Shorter prison terms don’t deter those involved in deception and fraud, fiduciary and otherwise. A loss of job for one that has made merry is no longer a matter to disturb the soul. That’s where the court is helpless as it doesn’t frame laws.
Overhaul of laws may be a protracted journey, given a proper exercise requires judicial input, political acquiescence, and the wider public demand. It takes time but is one traverse that’s worth the while for the generation to come.
Mahmudur Rahman is a writer, columnist, broadcaster, and communications specialist.