Not My Expertise, of Course, YET, a proposal, as I sense a Paradoxical situation herein; and do correct me if I’m wrong! Because long back also, I made a proposal & introduced a Theory, as how the Legal System can be upgraded for quick redressals and decisions, without putting burden on anyone. That Link of my Blog is given in the end.
NOW:I ’ve always been sceptical to this stage of procedural guidelines. Means, if the arguments made at the time of Framing Of Charges / Issues, is continued to be Repeated at a later stage, for the Arguments to now prove or disprove whether the Charges / Issues Framed were Correct or Incorrect, or, to be sustained or dropped; and if once perceived this from an alternate perspective, isn’t this the Metaphorical Silent version of Res-Judicata that’s been implemented, because, the same thing what has already been Argued and Heard once, is again Argued and Heard for the Second Time, or, either decided in favour or been absolutely denied, later, changing the course of action only? Again, do correct me if I’m wrong or if I’m missing something!
Long back I made a proposal wherein I sought that my equation in the Judiciary could be implemented, which is also explained in the Link as given in the end:
Equation:
Framing Of Charges / Issues == Trial Itself & Final Arguments!
What does this mean? That the stage of framing of charges / issues itself become or be turned into Trial & Final arguments. So, instead of arguing / defending separately for the framing of the Charges / Issues; this step, is now itself becoming the finality of the arguments, and, also been considered as Trial, as explained in the last para herein below.
Thus, isn’t Trial the Soft & Silent version of Res-Judicata? Because, the same thing or arguments are repeated!
The timeline is MUST, &, should be Mandatory rather Directory; until & unless, literally, the Natural Justice is at stake! There should just be Three stages then:
1. File Plaint / Complaint + Evidence;
2. File Written Statement / Reply + Evidence;
3. Instead of Framing Of Charges / Issues, or, Filing of Evidence / Cross Examinations at a later stage; Decide at this Stage only, which charges / sections could be implemented + at the same time cross examinations + final arguments whether charges / issues proposed are correct or not + decreed! Three Stage Procedures WITH A Mandatory Timeline, and NOT Directory!
Please do correct me if I’m right or wrong; again, as this is not my subject expertise, YET, this dilemma itched me for a long time, thus I had no other option but to write a blog about this! 😊
LINK: https://jpranavcip.com/2021/10/08/disruption-in-legal-system/
© Pranav Chaturvedi
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