I was feeling very disillusioned with the entire system after the recent verdict in the Jessica Lal murder case. If someone can get away by committing a murder in front of hundreds of people then what do we talk about the credibilty of the system, what faith do we put in it?Law may be blind, but justice isn't and neither should be the judges.. I don't know whose fault it was, but the fact is that someone got away with cold blooded murder. And that too in such a high profile case. Think about what happens in cases where there is no media to support you, no public outcry.. nothing.
Today, the Delhi HC took suo moto cognizance of what was being published in newspapers about the case, and asked the police to submit a report. It's atleast given some hope that finally justice will be done. Howsoever much we criticise the media but atleast it makes sure that such injustice doesn't go unnoticed. Since we're always ready to give them brickbats, I think we should also appreciate the work they do..
What is so unfortunate is that the witnesses just turn hostile so easily. Be it under threat, or coercion by other ways, or money. A witness protection program has been suggested, but I don't know how far it's implementable. I think other options like amending the law, making witness record statements in front of a magistrate, or by video would probably serve us better. Or maybe even prosecuting them for perjury, like the court is recently trying to do in the Best Bakery case.. atleast people who take money to give false statements should be prosecuted.
There is no quickfix solution to such one problems, nor is there just one thing tht we need to change.. but before we do anything else, we need to change our attitudes. Stop treating the rich and powerful like they're from some other world and stop letting them get away with anything..
Today, the Delhi HC took suo moto cognizance of what was being published in newspapers about the case, and asked the police to submit a report. It's atleast given some hope that finally justice will be done. Howsoever much we criticise the media but atleast it makes sure that such injustice doesn't go unnoticed. Since we're always ready to give them brickbats, I think we should also appreciate the work they do..
What is so unfortunate is that the witnesses just turn hostile so easily. Be it under threat, or coercion by other ways, or money. A witness protection program has been suggested, but I don't know how far it's implementable. I think other options like amending the law, making witness record statements in front of a magistrate, or by video would probably serve us better. Or maybe even prosecuting them for perjury, like the court is recently trying to do in the Best Bakery case.. atleast people who take money to give false statements should be prosecuted.
There is no quickfix solution to such one problems, nor is there just one thing tht we need to change.. but before we do anything else, we need to change our attitudes. Stop treating the rich and powerful like they're from some other world and stop letting them get away with anything..
42 comments:
the road is the same jus the fottsteps r leadin to a different destination..
Yeah...me too feel strongly about the 'improper' verdict in the Jessica Lal case. But then, since Delhi HC has taken up the matter, there's hope again.
Le's pray, next time in any other case such injustice doesn't happen!
so we are same on this one......i feel if the statements of the witnesses are recorded at the earliest this problem wud substantially reduce......lets wait n watch n hope for the best....tcc byeee
May God bless our judicial system :((((
what is this yaar! I just opened my system to write a post abt d same issue n had pretty much d same things in mind. Wont b writing now since u've echoed most of my sentiments in your post. Laudable effort on d part of d High Court to take suo motu cognizance. This just reaffirmed my waning faith in our judicial system. Hope the guilty dont go scot free.
Well done. If nothing more, atleast you took a stand and shared your view.
If only more people did that. (Including me.)
Yes thats a bad precedent which has set in.
@anirudh, so true..
@vaibhav, Yes, I hope this translates into action in not just one case.. but in all such cases..
@Jackal, thts all we can do right now.. wait n watch for this to turnaround..
@coolvir, hey i'd like to say something here.. it's not just the judicial system you noe though of coruse it can't b absolved totally..You see the prosecution always has to prove the guilt of the accused beyond reasonable doubt.. if the evidence is messed up... if witnesses turn hostile, a judge cannot convict a man howsoever strongly he may believe tht this person is guilty
@Mani, well you can still do it.. i wont say u copied me ;)
@Siddharth, i think it's bcos so many ppl took a stand tht this happened.. and we need to continue like this..
@Tarun, There have been many more before this..
@Jigal, revolution again mayb.. :)
I told you. Our judicial system is struggling under the dumps. So is the kind of government we are under. And there are no great replacements around. There has to be a radical idea sprouting somewhere that wise and sane people have to agree upon. Forget the illiterate ones who stare at your palms expectantly, waiting to receive something from you, so they can nod for you. No, no, no. Not happening. *looks at everybody, including himself. Come up with a radical idea. A different one. A wise one. Plato failed. Aristotle failed. Let one of us succeed. And take India to where noone else dreamed of doing.
Prosecuting the witness in case he/she turns hostile will mean that there will be even fewer people willing to come forward.
What might help is the recording of the statement with a camera.
But maybe what is most critical is reforming the system - the investigating agency (police), the laws and the working of the courts.
it's really unfortunate..gud that HC took action after public outcry..let's hope finally justice 'll be done..btw me 1st timer here..nice blog you have..
Hi Neha, 100% right, you are.. as always :)
yeah very true....
media does do smth good sometimes.....
the judiciary system is on my hate list.. i hope u dont mind
it is pathetic when witnesses turn hostile under pressure or by monetary force
In the wake of so many protests against the verdict I do not think the system can keep quiet .With Malini Ramani openly saying it IS Manu Sharma on National Television,and all public & media support, I'm sure it should be a great step forward for
"JUTICE FOR JESSICA"
i think perjury is one of the main culprits behind our inefficient judiciary system but at the same time we must not ignore the adverse situations a witness may fall in in case he/she decides to show courage and stay firm on his stand. provisions shd be thr to provide police protection to the witness and his/her family(atleast in a criminal case) till the case gets over. Moreover the cases should be done away with as soon as possible to avoid any tampering of evidences. the local police should be made more accountable and the concerned authorities must be punished for not being able to track the criminals within a time period say for six months from the date of the FIR.
Yes I agree.
Yes I agree. Unfortunate but expected.
Justice is the mistress of rich.
Truly pissed me off-i'd lost my faith in de judicial system long back-now i'm startin' 2 lose faith in humanity as well...
The bright side to this is that injustice hasn't prevailed... historically speaking, any country where power is unchallenged suffers from the "Might is Right" syndrome...
But in light of our Media revolution (and I have been critical of the mass media since forever!) the most positive change has been the tendency of established norms to be challenged... the media revolution is of course a direct result of a gradually improving standard of living and demand for a better life...
One hopes that this kind of injustice will be challenged in the future... even when the victim isn't a glamour symbol...
U know Neha the best solution for Witnesses turning hostile is like in US... "Lieing under oath is criminal offence" So the witness better decide what he/she wants to say one time. If u change ur statement that mean's u lied under oath and u go to jail for it.
That is what we need.:)
@Sudhir, the judicial system is struggling because there are not enough judges and courts.. cases drag on for years.. n of course we probably need more committed people also.. and also better lawyers who don't deliberately drag cases.
A radical idea.. i wonder.. do we need one big radical idea or small changes at each step, each system?
@Sid, well that is true but there has to be soem deterrant right? even i think recording of stmts with a camera would probably be a better idea.
That is the big question.. we need to reform.. but how do we do it?
@ss, I hope so too.. thanku :)
@Nessa,hehe.. hey y havent u been updating ur blog?where r u these days?
@Harashita, yep! sometimes..:)
@Sudeep, hate list! y so? do u think they'r all that bad? well i could give u a hundred examples where they hv made ur life better..
@Rashmi, It should not keep quiet now.. i hope things don't die down.. some action has to be taken!
Justice must be done.. and seen to be done..
@rick, oh yes, its not always the witness's fault.. he could be helpless.. i mean not everyone can afford to keep bodygaurds..the govt has to protect them.. but would they really trust such a govt to protect them.. the police which is hand in glove with the accused..how wud they protect them!
speeding up of the trial and investigation is of course a good option..
@Tarun, expected.. well i always expect things to happen the right way..sigh..
@Arvind, don't lose hope yet.. it's one thing which keeps us fighting.
@Vaibhav, you're right. We've for long had this 'sab chalta hai' attitude. we need to get out of this...
the media revolution has its bad side effects too.. i'm not in love with the media myself :) but if it does soem good.. then we can accept the bad too..
I'm right here.. busy being discrete :)
No actually, been a little too busy with work these days.. will update soon :)
A radical idea or small changes at every level? Take a venomous plant. You suggest removal of the poison at every level, so as to try and make the plant pure. And even then, you are not completely sure if what grows out of it might possess venom. I suggest one machine that can split away that plant. So, you can sow in another. Not a venomous one, this time. Because you are sure what is and what is not, now.
I've lost faith in the judicial sytem and humanity too...long time ago...so Jessica Lall case wasnt a big surprise to me...
Keshi.
I agree but i think our judicial system is toooooo slow which gives time to the convicts to tamper with the evidences as it happened in this and so many cases before...
If only we have had a faster system...things like this can be avoided..
@Suds, Of course.. it's a good option. But i believe US also has much stronger witness protection programs, doesn't it?
@Nessa, still no post :(
@Sudhir, well my problem with the radical idea is that i feel it would be very difficult practically to implement it.. you think there is really going to be one radical idea that will change the entire system? i mean is it even possible? isnt this a bti ureal?
@Pinki, yes.. atleast we've been woken out of our peaceful slumber.. n made to think.. if only all of us wud think like u suggest, we wudnt need to do much else :)
@Keshi, well i'd suggest.. Keep the faith.. cause thts wat keeps us going.. if we all lose faith.. then we'd do nothing abt such decisions..
@coolvir, ur right. That is one thing which needs to be changed. justice delayed is almost justice denied.. as goes the saying.. and i'm sure atlst in some cases such decisions cud b avoided if only things moved faster. Judges, lawyers.. all need to make sure tht things don't get delayed unnecessarily..
true...faith is what keeps us going..
Keshi.
the system i guess needs to change or the people in it should be open to all what is going on!!!
well if neither is the case there should be a cry from the bottom of each of our hearts help me!!!..
it is never easy to change a system but we could always try and lets try .....
cya ....
Ash
It's possible. Yes. Not under the current kind of government though. They go hand in hand. The judicial system and the kind of government. I despise democracy. For reasons that you already know. Majority wins. Lovely sentence, that! But you can't say it cannot be changed. Nothing can be effectively ruled out. Not even Earth being wiped out in two days.
Truly sad, the state of affairs in our country.. i really appreciate how people don't wanna take all the suppression anymore as seen in this case where it was recalled due to the overwhelming voice of the people.. atleast one topic on which i think the general indian population stood united.. very fine indeed!
it is said in bhagvat gita ( dont ask me which stanca or vol. no idea)
When it is a war , love and survival - it doenst matter how you play and fight - if you loose the battel you are no where.
fittest of survival.
It doesnt mean i support those who did the crime. We can rise our voice but still believe the fittest of survival and when it comes one just dont look the rule and regulation.
the other end should be strong and dutiful - i wont blame the judges - they go by witness in records and paper that is black and white - it is the responsibility of the care takers of law and order and wshould protect the law.
Aink?! Me posted yesterday, methinks!
judicial system had gone to dogs.... needs some doing from us to change that
@Keshi :)
@Ash, it's the people who have to change the system right.. infact it's each one of us who has to change..
and of course.. nothing comes without trying :) very right there..
@Sudhir, you despise democracy? well what do u want then?do u want a dictatorship?
@xFreakx, Yes, it's heartening to see soemthign which unites us and makes us all stand together..
@Known Stranger, you know the bhagwat gita is one of the finest books ever written i think.. i mean even today the things that are written in it hold so much value..but i don't agree with this one.. true survivial of the fittest is what usually happens.. but doesnt tht sound like jungle laws? shudnt there b some diff between humans and animals?
@Nessa, dearie just saw it abhi :) u hadnt posted when i last checked!
@Ajay,i'd say it again.. it's not jsut the judicial system which is to be blamed..
yes we do have laws and rules of living with different community and region to help us live co-ordinally. But no one law is universal as there is always a difference between plenty. in this case - as the trial was with reference to one law - it should have been done in line with that law. How ever the accused or blamed managed to escape ( please note i am not favouring them) with the same law finding in favour of them.
If you ask me personally they should be prosecuted who ever killed the nice lady as well i just look it unbiased with no emotional strings attacheed. how smart that guy played his cards to get out his case with the whole country veiwing in silence - Ofcourse now there are lot of cries and shouts but.. i looked the same in different prespective - it was his survival - it was do or die and he used or made use of what ever best he could do to get out of it. - in a way just look like a tiger and a deer -
in a zen story it is said when a day is dawn - the deer knows only one thing - it has run faster and smarter then tiger which is cunning and skilled. It has to outwill the tiger for its survival and the tiger has to be faster and accurate than deer to have its prey.
It is do or die for both. For tiger it is hunger and death and for dear it is life and death.
the ultimate is the one who runs faster has one more day to live.
And all this natural things happens inside the rules of forest .
Dont you agree with this. We might have evolved as the most intellecutal beings of earth but dont you agree we are still having the animal instinct. ? animals way of looking thingss ?
We are animals - just those kind of animals who are saying we should play inside the rules we create and who ever breaks we mean to be ruled out of game.
don you agree. at least this is my humble veiw.
I may not be right but i feel i make some sense .
nehaji, :-)
that's an awesome post really. Such posts make people think!! I loved the way in which you expressed your thoughts. However, the problem is that here in India the system is soooooooo corrupted that its impossible for a few individuals to change it. A dictator or a revoultion are the only solutions!!! The law and order challenges are extremely formidable!!
neha,
I am quite late here. But forgive if this is already being said.
Yes, unless the thought process and the attitude of a common man towards rich person changes it is difficult for any law to be effective.
@Known stranger, Well that's right. Everyone cares about only their survival.. by hook or by crook.
of course.. survival is stil the most basic instinct.. no matter how much we evolve..
But this time I think he's not going to get away with it. The public sentiment has been so strong.. it's actually shown us that we can all make a difference if we want to.
@Sudarshan, thankuji :) a dictator or a revolution.. well don't u think there are going to be alot of demerits of tht too.. remember the time when indira gandhi had almost assumsed the position of a dictator? !
btw,how did ur trip go?
@Ujwal, hey good to see ya here again..and congratulations once again:)
the common man includes all of us.. so lets start from ourselves :)
Hi Neha and all,
I m new to this blogging world and i just came across this blog of your's.And I really feel honoured and satisfied to see you all ignited minds with a volcano deep inside you.
I want to ask a question on this knowledge sharing platform hope u guys dont mind.
What do u think r the causes that murderers are walking freely on the roads?Is it bcs murderer
is an influential person and he can do anything he wants or is it bcs of some handicaped people who were at the crime scene or is it bcs of our police,or bcs of our judicial system ?
In my opinion main cause is all of us,we the people of india.Some of us are in the police, some of us are those influential people and we were those handicaped people at crime scene.So can u blame others.NO!!
Some of u wants a DHAMAKA to change this system.But friend first of all you need a dhamaka ,I need a dhamaka,every individual need a dhamaka bcs we constitutes of this system.And dont wait for someone elses dhamaka instead explode yourself.
If every individual try to change him/herself then some day we can transform this developing country into a developed country with high values and good economy.
I am sorry if I differ from some of you.
bbye
hi neha,
well yes we definitely need to look into the sorry condition of our judicial system. but im hopeful that justice will be delivered in this case. after the best bakery case i think it wont be that simple for anyone to just buy the witnesses nd get away like this.
we definitely have to change our attitudes nd hopefully the salman khan case best bakery case and jessica lal case will be an eye opener to all the rih brats out here that they cant just get away.
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