Thursday 3 January 2013

JUSTICE DENIED JUSTICE DELAYED





JUSTICE  DENIED  JUSTICE  DELAYED
Whole country is protersting against the Delhi Rape case, and ironicaly the political class too. I am giving two example of trials in rape cases, in Delhi. We are all demanding of speedy trial, and constitution of fast track courts. But in CrPC there is alredy a provision of day to day hearing in sessions trial cases, and 376 IPC the offence of rape comes under that. Out of 600 cases registerd in Delhi this year, only one case has been concluded, and convicted.
These two cases of old rape cases, and the third one may be a turning point in judicial system.

1. JESSICA LAL - 34-years old woman murdered over a glass of drink on 30 April 1999 in front of 300 people by Manu Sharma, the son of Vinod Sharma, a wealthy and influential Congress-nominated Member of Parliament from Haryana. It took 7 LONG YEARS to finally acquit him and that too when the judiciary was fast-tracked under immense media and public pressure.)

2. PRIYADARSHINI MUTTOO - 25-year-old law student who was found raped and murdered at her house in New Delhi on January 23, 1996.
Main accused, Santosh Singh, was initially acquitted untouched. This was made possible by the collaborated wrong-doings of the Delhi Police and CBI, in a monstrous effort to help the accused get free.

In a 450 page judgment the judge came down heavily on the role of Delhi Police, clearly stating that Lalit Mohan, the DP Inspector was instrumental in creating false evidence and false defense for the accused. The witnesses of the police including a Sub-Inspector deposed falsely". He added, “CBI also fabricated the DNA test in the rape case as it was not obtained in accordance with the judicial procedure and could not therefore be admitted in evidence in view of Section 45 of the Indian Evidence Act.”

On October 6, 2010, the Supreme Court of India reversed the acquittal to life imprisonment of Santosh Kumar Singh, son of IG – Delhi Police.

Again, it took 14 LONG YEARS to get the desired verdict and too, only after the intense media spotlight forced an accelerated trial, which would have got lost otherwise amidst the unprecedented and tangled Indian court system.

3. ‘DAMINI’ – On the night of 17 December 2012, a physiotherapy student got gang raped in the country’s capital, where all the stalwarts of the country reside, including yourself and others cabinet ministers. The woman has been informally given the pseudonym "Damini" by the Indian public in homage to at least safeguard the social and legal identity, if not her health, mind and dignity. The victim, with a male companion, boarded a bus in South Delhi around 21:30 after watching a film, when they were assaulted by a group of six males aboard, including the bus-driver, who then raped Damini and brutally damaged her sexual organ and intestine. She finally lost the battle against death on 29th December 2012!!!!

Another crime, another protest, some more tear and that's it!!!! The menacing cycle seem to be going on perennially.

Again, a lot of assurances and promises tend to be slowly coming in from the administration, only when there is media and public outcry along with some pressure from International bodies like the UN!!!

Is this how it’s going to be?? Well, at least, that’s how it has been so far!! If media and public needs to hit the roads just to ensure the safety of a common citizen, then inevitably you are funnelling this whole issue to a wrong turn towards a very menacing future of lawlessness!!!

It’s practically impossible to get a decent job in India with criminal background but not that hard to get a seat in the respected parliament house of India! Cannot really understand, how and why? Would be interesting to know your thoughts on this. Like us, if it’s unacceptable to you personally, then would you mind sharing with us what has the government done to rectify this calamity in the system?

Corrupted administration, deadly political environment, ancient Laws and IPC, slow legal proceedings have all been contributing way too long to the social, financial, mental and physical destruction of way too many Indians.

Warning bells were gonged sonorously enough to tear through our eardrums, when we found one of our most popular prime ministers, Srimati Indira Gandhi getting shot on duty in her own house in Delhi, quite ironically by her own ‘bodyguards’.

Again, we had to wait 5 LONG YEARS to see the accused finally hung till death….that was 1989…and this is 2012…nothing has changed other than the names taking over the constitutional seats and roller-coaster of passing greasy baton

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