Lawfully yours: By Retired Justice K Chandru | Every encounter killing is a police murder; hurrying justice as good as denying justice

Can't question judicial delay, especially in a suit instituted after two decades

My mother and her two sisters filed a partition suit before the Chengalpattu court, where my mother was arrayed as a defendant. The dispute arises from the division of ancestral properties left behind by my late grandfather. Upon his demise, 5 sons, acting without the requisite consent of the daughters, proceeded to alienate several ancestral properties. These sales were effectuated based on an unregistered release deed in 2005, which lacks legal sanctity as it was done without the daughters' consent. One of the buyers who purchased the property from my mother’s brothers obtained a layout approval despite it being an undivided ancestral property. This was challenged by us through a writ petition.

A Division Bench held that the daughters, being coparceners, are entitled to an equal share in the ancestral property, as per the Hindu Succession Act. It rejected the unregistered release deed. Consequently, one of the buyers settled an equal 1/12th share with the daughters.

Despite clear directions from the HC, and the Bench court asking Chengalpattu magistrate to complete the trial within a year, the proceedings encountered inordinate delays. What is the legal recourse to expedite proceedings? Is it advisable to file a petition before the HC, seeking intervention for expeditious disposal? Or, is there any other appropriate remedy?

-- Swaminathan

You are fortunate to get some directions in a writ petition by the High Court. Now, it is entirely up to the civil court to complete the process. You have no right to complain about the court's delay, especially when you have instituted the suit after two decades and after several transactions had taken place. Pursue your case before the civil court diligently, as that is the only remedy left for you.

Every encounter killing is a police murder; hurrying justice as good as denying justice

With an overburdened judiciary leaving ample room for criminals to continue their illicit activities, confident they can evade justice for extended periods, should encounter killings be seen as merely extrajudicial? As much as ensuring that the police do not abuse their power, it is also crucial that justice is served, and the innocents are protected. Criminals should have a fear of physical action in a language they understand.

-- Nagarathinam, Saidapet

This is the first time I've heard someone justifying encounters as a solution to fast justice. You must know that every encounter killing is a police murder and, unless found justified by a court, it can never become a lawful exercise. In the film ‘Vettaiyan’, Rajinikanth as a police officer says, "Justice delayed is justice buried". Amitabh Bachchan, as a judge, promptly tells him, "Justice hurried is justice denied". That answer sums up the answer to your question.