Justice in India: A Lawyer's Raw Take on Courts, Crime, and Corruption

This episode features Utkarsh Dave, an advocate from the Gujarat High Court, who shares his unfiltered views on India's legal system. He discusses how money and influence often overshadow justice, touching upon high-profile cases like the Morbi Bridge tragedy and the red sandalwood smuggling racket. Dave also opens up about his personal journey, the harsh lessons learned, and the systemic issues that plague the pursuit of truth and integrity in India.

Key Takeaways

• Systemic Overload: India's judiciary is severely understaffed, with a massive backlog of cases that could take centuries to clear.
• Influence Over Justice: Money and political power significantly impact legal outcomes, often allowing the influential to evade consequences.
• Procedural Lapses: Police and investigative agencies frequently fail to follow proper procedures, creating loopholes that defense lawyers exploit.
• Corruption's Reach: Corruption is deeply embedded, affecting everything from initial FIR registration to witness testimonies and judicial processes.
• The Plight of the Poor: Being poor in India is presented as a significant disadvantage, making it harder to access justice.
• Loopholes and Delays: The legal system is rife with procedural delays and technicalities that can drag cases on for years, effectively denying justice.

The Stark Reality of India's Judicial System

Utkarsh Dave paints a grim picture of India's legal landscape. He highlights the staggering number of pending cases in lower courts – around 4.5 crore – and the severe shortage of judges, with only 21 judges for every 10 lakh people. At this rate, he estimates it would take 300 years to clear the existing backlog, even without new cases being filed. This overload, coupled with procedural lapses by the police, is often exploited by defense lawyers, leading to criminals walking free.

Dave shares a personal case where a man accused of murder committed a second murder from within jail to pressure the victim's family into a compromise. Astonishingly, the accused was later acquitted during the trial because the witnesses compromised. This illustrates how the system can be manipulated, regardless of the state.

Power, Money, and the Illusion of Justice

The most brutal lesson Dave learned is that "if you have money, no one can touch you." He states that money, political power, and authority are the trifecta that allows individuals to evade jail. He claims that 99% of the time, those with these advantages cannot be imprisoned, and if they are, it's merely a formality. The system, he argues, punishes poverty, making it the biggest crime.

This is starkly illustrated by the Morbi Bridge tragedy, where 135 people died. Despite the scale of the disaster, the accused, including the company's managing director, were out on bail after a relatively short period. Dave points out that the initial FIR conveniently omitted the names of the "big fish," focusing only on minor players.

The Morbi Bridge Tragedy: A Case Study in Negligence

Dave provides a detailed account of the Morbi Bridge collapse. He explains how a heritage bridge, over 100 years old, was handed over for maintenance and operation to a private contractor with no prior experience in such infrastructure. Crucially, the bridge was reopened without obtaining a bridge fitness or maintenance certificate. Despite communication from the company itself highlighting the bridge's precarious condition months earlier, it was opened to the public, leading to the tragic loss of 135 lives.

He criticizes the rushed FIR registration during rescue operations and the subsequent investigation, which he believes was flawed and designed to protect influential individuals. The SIT report, commissioned by the Home Minister, did point to the company's and its managers' irresponsibility, yet the process of justice has been slow and complex.

Loopholes and the Slow Pace of Justice

Dave elaborates on how the system is designed to delay justice. He describes how accused individuals can file discharge applications, challenge them in higher courts, and then use those pending appeals to seek adjournments in the trial court. This process can stretch for years, allowing witnesses to disappear or die, and effectively denying justice to victims. He likens India's justice system to being stuck in a traffic jam – it eventually arrives, but very late.

He also touches upon the issue of false FIRs, particularly against men, and the Supreme Court's recent rulings clarifying that sex in a relationship, even if a marriage promise is broken, is not rape if consent was present. However, he acknowledges that even with such clarifications, the initial arrest and the social stigma remain significant hurdles.

The Red Sandalwood Smuggling Case and Organized Crime

Discussing the red sandalwood smuggling case, Dave highlights the involvement of a well-known toiletries company. The Directorate of Revenue Intelligence (DRI) intercepted a container that was cleared by customs but found to contain banned red sandalwood instead of toiletries. This case exemplifies organized crime, involving not just criminals but also white-collar officials at various levels who facilitate such operations.

The sheer scale of such operations, moving high-value, restricted goods across borders with forged documents and corrupt officials, is staggering. Dave notes that while the police do intercept large quantities of drugs, this is often seen as a success, but it also implies that a significant amount likely gets through undetected.

The Role of Money, Power, and Corruption

Dave reiterates that money, political power, and authority are the key elements that shield individuals from the law. He explains that even when powerful individuals are implicated, the system often works in their favor, leading to acquittals or prolonged trials. He uses the 2G spectrum scam and the Jessica Lal murder case as examples where the outcomes were influenced by factors beyond the evidence presented.

He also discusses the prevalence of the Hawala system and the use of cryptocurrencies and e-wallets for untracked financial transactions, which fuels unaccounted cash flow and contributes to inflation. Despite the illegality, these systems persist because everyone involved benefits, and the common person suffers.

What Needs to Change?

Dave proposes significant reforms. He advocates for fast-tracking rape cases with special courts dedicated solely to them, aiming for resolution within 1.5 to 2 years. He also calls for swift investigation and trial of economic offenses, with chargesheets filed within 40-50 days and cases brought to fast-track courts.

Furthermore, he believes the caste and sub-caste columns in school admission forms should be eliminated to promote equality from an early age. He argues that the focus should shift from basic needs like food, clothing, and shelter to more substantive issues, and that political parties should judge individuals on their character, not their caste or religion.

Ultimately, Dave emphasizes that while the Indian legal system has its flaws, the pursuit of justice is a continuous battle. He believes that courage, persistence, and a strong moral compass are essential for anyone fighting for truth in a system often tilted by power and wealth.