Quoting a Latin maxim meaning, “hasty justice is the stepmother of misfortune,” thePunjab and Haryana High Courtrecently stressed the need to strike a balance between speedy trials andproceduralfairness while dealing with cheque bounce cases.
JusticeAnoop Chitkarabegan the judgment on March 10 with the words, “Wait, and it withers, rush, and it dies.
Only through prudence justice survives.”
The high court made the observations while hearing a revision petition arising from a cheque bounce dispute involving Rs 19.49 lakh under the Negotiable Instruments Act, 1881.
“The Latin maxim Festinatio justitiae est noverca infortunii means hasty justice is the stepmother of misfortune.
Therefore, justice should be fast enough to heal, yet slow enough to hear..
Since haste in justice is a denial of justice, the justice should not be too fast to miss a lie, nor too slow to let it die,” thehigh courtsaid.
The high court further pointed out that justice which is “tardy” undermines constitutional protections, while justice that is “hasty”compromisesprocedural equity, emphasising the requirement of a judicious balance between the two.
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system.
A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances.
Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen.
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