The supreme court has today directed that every accused has the right to a fair trial and has told prosecution to produce all evidence even if it favours the accused and can help to prove him innocent.
One would imagine this to be a given as the whole point is for the accused to get justice... but it's good to have it reiterated, to, perhaps, counter misinterpretation of guidelines as well as frailties of the human spirit.
Subscribe to:
Post Comments (Atom)
Fair trial is difficult, if not rare in India, for the simple reason that judiciary moves ever so slowly. A delayed judgement, based on fact, procedures and wisdom is of little consequence to the victim of a crime while it is an excruciatingly painful and expensive process for the person seeking justce. I don't want to use the cliche 'Justice delayed is justice denied' to drive home the point.
ReplyDeleteA fair trial also requires competent law officers but that is dear in India. There are, of course, more of expensive lawyers than competent ones and in the end, the courts end up dealing in law but dealing out little justice.
The state of Indian legal system is better judged by the quality of law schools, their faculties and and the students. Law schools depend on guest faculties who cannot teach to a syllabus; faculties are not full-time and therefore can be expected to only skim the surface; and those who take to the law, save a few honouarable exceptions, are those who coould not get into other courses and end up in law schools.
So, is fair trial and above all, justice possible?
That's begging the question, right?
Mahesh Vijapurkar
mvijapurkar@gmail.com
I agree.. and that's the sad part. Being in a democracy, we cannot ensure justice for the citizens.
ReplyDeleteI think everyone in more concerned about making the money than ensuring that the right judgement is served.
We hear so many heart-rending stories about poor people seeking justice who spend their life's earnings on court cases which are important to them but it never leads to anything. They just get adjournments and no decisions.
I do appreciate that the judiciary needs to be cautious and must deliberate all angles and possibilities before delivering a judgement but there has to be a time-frame.
And it would help if we had better law officers and investigating agencies..