WHY SHOULD SC INDULGE IN FLIPPANT COMMENTS AND WASTE ITS TIME? WHY CANNOT IT REFUSE TO HEAR SUCH CASES?
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http://goo.gl/PnxaoA
Why SC is indulging in
flippant comments? This is how the time of the court is wasted and why cases
are pending for decades. In the US the Supreme Court does NOT hear each and
every case referred to it. It decides beforehand which cases it will take up
next and fixes date and duration for arguments. Once arguments are over, it
takes its own time to decide on the matter. If it does not take up any case, it
will mean the lower court's judgment stands or if it is some case which has
landed up in the Supreme Court, it will mean the Court does not find any merit.
In the famous case between Bush and Al Gore where the US SC was appealed to decide
an issue that cropped up about the validity of some votes, the SC simply did
not take up that case though it was such a momentous. Bush got, as most of the
people think, undue advantage because of this.
When the US SC can
refuse to hear even such an important case, cannot the Supreme Court and High
Courts in India do likewise and stop taking at least frivolous cases; cases
especially involving cinema actors and other VIPs. In the same manner it can
refuse further hearing of similar cases and reinstate High Courts' judgment.
Even in cases
involving any 'Constitutional issue' it
can refuse to hear any appeal if the SC feels that HC's judgment is OK and
allow it to stand. After all it is the senior High Court judges who will become
Supreme Court judges later on. If a study is made as to in how many percentage
of appeals the SC differed from the HC's judgment, I am sure, we will see that
enormous time of the court has been just wasted just for affixing its approval
to the HC's judgment!
If the suggested
procedure, of SC declining to hear appeals in cases deserving such a decision,
is adopted a huge number of cases pending in High Courts and the Supreme Court
can be disposed off in one stroke, especially where it finds the party
appealing to the Supreme Court is only trying to gain time. Like the Salman
Khan case or Aamir Khan case. I can see all advocates ganging up against this
because their earnings will fall steeply. But imagine the relief to litigants! Fair
play demands acceptance of this procedure so as to save not only time and
energy and also the money spent on maintaining the courts.
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