Hi ,
I recently came across a case wherein a person was acquited by the court of law in India but still he was languishing in Jail for 8 long years after the sentence cause the court clerk did not get the order signed by the judge and send it to the jailor.
The punishment that was given to the clerk for this negligence was a fine of a month of his slaray but neither was he kicked out of his service nor were any of his salary increaments stopped. Not even a mention of this was made in his service book.
Do you think that the punishment meated out to the Clerk was correct. If not what would u punish him with.
2007-08-27 00:30:30 · 7 answers · asked by sharad s 2 in Politics & Government ➔ Law & Ethics
Although prima ficia this case shows total negligence on the part of the court clerk towards his official duties but the negligence on part of the sitting judge & the public prosecutor can also not be ignored. I do not know exact facts of this case & won't be able to comment much about it, but one thing is sure if as you state this person suffered for 8 years in the jail for no reasons he should have been sufficiently compensated by the State as rightly state by one more person here for the act of torts. One thing which is troubling my mind with regards to this case is what the defense advocate doing for all these years even if he was not engaged directly by the accused but appointed by the state on his behalf, is it not his professional duty to get the order of the learned court implemented accordingly with due process ? Why such legal practitioner not be held equally guilty for such negligence?
2007-08-27 03:29:44 · answer #1 · answered by vijay m Indian Lawyer 7 · 6⤊ 0⤋
The clerk should be held liable for criminal negligence. Imagine losing 8 years of your life because some bureaucrat did not care to do his job. Unfortunately this is the case with public servants. He should be severly punished and put behind bars to teach others like him a lesson.
But a writ lies against the state for violating the fundamental rights of the acquitted person. The state here can be held liable for the torts committed by its servants under Art. 300. The Higher judiciary in india has awarded damages in similar cases. Case Law : Rudal Shah vs. State of Bihar.
2007-08-27 01:24:59 · answer #2 · answered by Pramod R 4 · 0⤊ 0⤋
Unfortunately not all the laws in India are updated for the present circumstances. The clerk in question should have been punished more and yes a lot of people involved in the line of action should have been penalised. Also the person who had to put up in the jail for 8 more years cos of this shud file a case against the government for wrong and unlawful confinement.
2007-08-27 00:43:45 · answer #3 · answered by Roger S 3 · 0⤊ 0⤋
Through the eyes of the Indian Government-- Yes. It is unfortunate, though, that this type of injustice still reeks in our world. We are good human beens, meaning well and all, but we have screwed up big time, and not just in this case, but in every situation possible. But just to ease off the tension here-- the Indian Government meant well... ulgh.
ANGRY GAY MEXICAN
2007-08-27 00:40:27 · answer #4 · answered by AngryGayMexican 1 · 0⤊ 0⤋
the punishment might have have been with in the legal framework, but if i was the judge i would sentence him to at least one year simple imprisonment. Thats is the only way people will learn what have they done to others by not taking their duty seriously.
2007-08-27 00:55:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋
different countries have different laws and protocals, so i guess who ever was in charge of the clerks office had the final say,right or wrong, moraly i feel it was wrong but i don,t live in india. where was the family? why did,nt they protest.
2007-08-27 00:38:29 · answer #6 · answered by linda f 3 · 0⤊ 0⤋
I would definitely fire him!
2007-08-27 03:28:05 · answer #7 · answered by *Felicia* 4 · 0⤊ 0⤋