Salman and Speed

While Salman Khan’s troubles may be over, the quick disposal of his appeal in fact raises troubling questions about the functioning of our judicial system. While delays are part and parcel of our judicial system, prioritisation of certain cases over others, and the reasons for such favoured treatment, challenge the notion of equality. The judiciary should follow the ‘first in, first out’ principle in disposal of cases, except where there is a demonstrated urgency. And the first in, first out principle should apply amongst the cases which are deemed urgent as well. Identity of the individuals involved in the cases should not be a determining factor for determining the urgency involved. Instead, it is the subject matter of a case which should determine the urgency involved and the need for priority. The Salman Khan appeal, and the Jayalalithaa appeal (decided by the High Court of Karnataka in super quick time pursuant to a direction of the Supreme Court) are seriously troubling exceptions to the travails of the ‘other people’ whose appeals go on for years.

The views expressed in this article are solely those of the author’s and they do not represent the views of DAKSH.