To glance into whether any matter in question is inconsistent or in contravention of the fundamental rights of the individuals is an obligation lent on the higher judiciary.
‘Justice delayed, the justice denied’ is a well-known maxim and it may be sometimes supplemented by another connotation that the denial of reasonable opportunity of hearing or summary rejection of a case is also the denial of justice. Parties will have to be heard prior to pronouncement of a judicial order. ‘No one shall be condemned unheard’ is the first principle of natural justice. It is altogether a different matter that one party may not get the judgment in his favour but everyone should have a right to have fair hearing instead of preliminary hearing particularly in the cases of dismissal. A hearing is a legal proceeding where an issue of law or fact is tried and evidence is presented to help determination of the issue. There is a huge difference between preliminary or hearing for admission and hearing on merit or concluding the hearing. Both are not same. It is difficult to say that summary rejection of a case amounts to concluding the hearing. When such a distinction is not appreciated at the level of the apex court, one gets hugely disappointed. Few can believe that apex court too at times admits the case and after several years dismisses them in a summary manner. There are a bunch of such cases. If we take up any particular year to study the cases of summary rejection of SLPs and SLPs turned into Civil Appeals, we find a trend where a majority of cases are dismissed after giving a short time opportunity of hearing ie no real hearing really takes place. It is necessary to differentiate the dismissal on the first hearing and dismissal of cases after following court proceedings for years. If 2013 is taken as a base year for this study, it is found that many of these cases got concluded in 2017, almost after four years and many of them were simply dismissed.
この記事は LawZ Magazine の July 2018 版に掲載されています。
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この記事は LawZ Magazine の July 2018 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
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