Saturday, 4 April 2009

Fair trials

The judicial system is the backbone of a democratic country .India, fortunately has a decent setup in place. If only, the time one needs to get justice in the court of law be reduced, it’d be as close to being perfect as is possible. The judgment, of course needs to be fair in any case. Is the time taken for a judgment directly proportional to its fairness and correctness?
I'm not quite sure.
In the case against anti-Sikh riots,the judgment came after a good long decade and a half, after which the victims (or their kin) had to take to the streets of Delhi to cry for justice which they think they did not get in the court.
Sajjan Kumar has been found guilty of murdering innocent Sikhs back then, though the quantum of punishment remains to be seen. When that happens, I hope Sajjan is not allowed to pull off a Sidhu and become our leader. On the other hand,Varun Gandhi has been detained after NSA was slapped on him,along with attempt to murder and more.Sadly,the rationale behind that does not seem to be legal as much it is political.

That said; allow me to embark upon an adventure, with a possibly invalid thought as its base.

Following the case of Kasav made me wonder,why the tax payers’ money was being spent to feed an unwanted guest. Apart from the daily expenditure on the terrorist, India has built a tunnel costing Rs. 2 crores, to allow him to commute safely from the guest room to the trial room. I am glad they did not arrange a trial right in his room for the comfort of our guest.Jokes apart, I understand there are concerns that Pakistan is trying to shut a mouth which could hamper its already battered image and damage their international standing. But in all these months, haven’t the authorities got all that they could, from him? And if yes, why not do the honors of killing the man yourself? If no, I don’t see the man talking much in the future either.
The system wants to prove him guilty beyond doubt,before hanging him, which is alright but when the system (read judiciary, police, law enforcers, NSG guards and the likes combined) did not consider that condition
(and they obviously should not have), while his counterparts were shot at, on the spot, why wait on him?
Yes I know that there is a procedure to be followed and I also know that it cannot be tweaked but I just wanted to present an alternative view and so I did.

I just hope that irrespective of the process, he gets his justice and the victims of Mumbai and India, get theirs because we simply cannot get used to a criminal proceeding in court with a decision pending.
The man, who attacked the symbol of the largest democracy in the world, has been our guest for seven years now. Despite a possibly invalid, almost preposterous thought, I am tempted to suggest: Can’t there be an exception to the process, in case of these of obvious criminals, whose crime has been proven beyond reasonable doubt, as they say?


Ramanender Singh said...

as far as varun gandhi scenario goes i believe its all part of the bjp's hindutva card but i am surprised they could not find a better puppet to play the part, because his mother belonged to a minority community. besides that it does not seem to be a logical decision looking at it just from business point of view, i am talking about the bjp and akali alliance.anyways, if i understood it all, i very well could have been your next (un)friendly neighbourhood minister.

As far the Kasav case goes, i could not agree more, a person who indulges in crime against our country should be sent to the gallows. But as Shakespeare said "All the world's a stage,
And all the men and women merely players." so we too need to play our part in international politics and handle the human rights commissions etc etc.

Lets hope we have a speedy and a fair trail.(Now that i have been politically correct) lets hang him and get it over with.

ps: i believe you mean 2 decades and a half in your second para

Annie said...

Well, a good view that. But in putting forth a view, the practicality of its implementation has also to be seen. It definitely is true that the judiciary is the backbone of our nation which as it is, is divided into innumerable blocks. However, it is also an ugly truth that to get to "justice", there is a long wait that ensues. But as they say, there are two sides to every coin; in this case the fact being that our laws allow for a case to be registered for every small issue which is not wring because it ultimately gives those who are interested a forum of redressal but on the other hand it results in a backlog of cases. With the amount of cases that are filed every day in Court, it is almost impossible for the judiciary even if working to its full capacity to dispose them off in time because at the end of the day, before penning down that judgment they constantly realise that it is somebody's future that will change with one decision of theirs. Coming to the point of proportionality of time and fairness; yes at times they might be so because the lesser the number of dates that a case gets, the lesser is the chance of tampering with the evidence. and everything in a Court of law depends on evidence. Where we discuss the anti-Sikh riots case, I am not taking sides, but it amply proves that kith and kin can hardly ever be satisfied with any decision the Court shall ever give(which is perfectly understandable), but this is the very reason why most cases drag on and it is not possible to go on hanging people just off hand. Where Varun Gandhi and Kasav are concerned I shall give in my view in the next comment I post :)

Sharad Sharma said...

Appreciate your time to chip in with your views.

Thanks Ramanender,yes I meant two and a half.. made the correction

Samir Maggo said...

1.25 Years is wat it took and Jagdish Tytler goes scott free.

2.Case of NSA was politically motivated though speech is condemnable

3.Ajmal Kasav needs to live till this case reaches the finale in the court.

Finally,yes we need to speed up the process in courts by making more fast track courts and improving gram panchayats

Sharad Sharma said...

..and there we go again!
Anjali Waghmare has been removed as Kasab's lawyer as she was also defending a witness in the case and hence the process will take longer while it finds another suitable candidate for the job.

Did not she know the basics of the process she is a part of?
Did not the others know , a thing , which appears as fundamental as that,even to a layman like me?

It is obviously paradoxical that you are defending a person,as well as a witness who is testifying against that person , in the same case!

In effect, he is our guest for a longer period of time while we wait on justice.. I hope it is not a wait forever.

Jyoti said...

in case of kasav's case n more such cases i agree with u that trials shud b made speedy........ atleast wen u hv all the proofs n as one of them talked abt human rights n all ........i feel why b human wid some1 who himself is so inhumane n has a record of so many murders while still so young.......

gayathri-vishwanathan said...

Reminds me of Sunny Deol's dialogue: Tareekh pe tareekh...tareekh pe tareekh in one of his film. I am equally disgusted yaar...hope justice prevails.

Sharad Sharma said...

yep it is disgusting indeed.. now they are wondering if he's a major or a juvenile. I hope they don't send him to a play school to learn if latter's the case.