Justice Loya case, its impact and credibility of Judicial system

 JUSTICE LOYA CASE, ITS IMPACT AND CREDIBILITY OF JUDICIAL SYSTEM
                       
     
                Judiciary is the third organ of the government. As an organ of the state, the judiciary plays a crucial role in the functioning of India’s democracy. Courts take decisions on a very large number of issues. It plays the role of dispute resolution between citizens, between citizens and the government and between two governments. It upholds the laws and enforces the fundamental rights of the citizens. It also has the power of judicial review. An independent judiciary plays a central role in ensuring that there is no misuse of power by the legislature and the executive.

            
                 But nowadays the situation is getting worse in India’s judicial system as four senior most judges have questioned about the conduct of CJI i.e. Chief Justice of India Dipak Mishra in allocation of the cases. When any case is to be discussed in the court, the CJI and other judges sit together and decide. The CJI has the responsibility to take the decisions on administrative matters. He deals with many matters and has to make sure that the administration of the court is smooth and efficient. One of the responsibility is allocation of cases to various benches by keeping in mind the norms and regulations. But in present the allocation of certain sensitive cases is not done following the norms. 
            
         
                   CBI judge Loya died on December 1, 2014 in Nagpur due to a heart attack. At that time Loya was hearing a case involving the alleged fake encounter of Sohrabuddin Sheikh in Gujarat in 2005 when Amit Shah was the home minister of state. In November 2017, the Caravan magazine said that the Loya’s death was not natural and he could have been murdered as he was about to pass a verdict against Shah in fake encounter case. The judge who replaced Loya dismissed the case within 15 days. There are also certain issues of corruption in courts. If the judiciary does not recognize public betterment then it will not be able to survive. Article 142 gives the right to judges to do whatever to secure justice. But it is being misused these days. Therefore, by observing these issues and unaccountability of judiciary, people are losing faith in the judicial system.  

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