‘Justice delayed is justice denied’. Analyse the statement and give an example in its support
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Answer:
"Justice delayed is justice denied" is a legal maxim. It means that if legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all.
This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because of the unfairness for the injured party who sustained the injury having little hope for timely and effective remedy and resolution. The phrase has become a rallying cry for legal reformers who view courts, tribunals, judges, arbitrators, administrative law judges, commissions or governments as acting too slowly in resolving legal issues — either because the case is too complex, the existing system is too complex or overburdened, or because the issue or party in question lacks political favour. Individual cases may be affected by judicial hesitancy to make a decision. Statutes and court rules have tried to control the tendency; and judges may be subject to oversight and even discipline for persistent failures to decide matters timely, or accurately report their backlog. When a court takes a matter "under advisement" – awaiting the issue of a judicial opinion, order or judgement and forestalls final adjudication of a lawsuit or resolution of a motion – the issue of timeliness of the decision(s) comes into play.
Explanation:
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The current example of justice delayed is Nirbhaya case, which was 3 Judge-Bench judgement headed by Justice R Bahumathi and other judges Justice Bhushan and Justice A S Bopanna, where all 4 men were convicted for the 2012 Nirbhaya gang case and murder case, were finally hanged 7 years after brutal crime.