Judiciary is the third pillar of democracy in India. Third, because at the end of the day it has to ensure that the other two pillars are functioning within their parameters. Judiciary
Lord Hewart, the then Lord Chief Justice of England in the case of Rex v. Sussex Justices, [1924] 1 KB 256 said inter alia ‘Justice must not only be done, but must also be seen to be done”.
As such, it is you, whose point of view decide whether “justice have been done or not. There lies the Herculian paradox. There is no ‘draw’ game in judiciary. One party has to lose his case. Either it is the Prosecution or the defense. Either it is the Petitioner or the Respondent and it is anybody’s guess what the judgement debtor; the loser will term the judgement as.
In a country like ours, most of us are politically inclined towards this way or that and more often than not our logic and philosophy is the inductive effect of the print and audio visual media, who on the other hand have their distinct commercial interest.
In this squared planning, it might be easy to criticise this pillar of the democracy in tune with the popular media or political power, even without being present during the actual proceeding, but on legal parlance the entire scenario could be just upside down.
A judge in a criminal trial always has an unassailable legal principle lying in front of him, before pronouncement of his judgement... that is... “beyond all reasonable doubt”.. As such, it depends upon the investigating agency to place the evidence before the court of law in such a way so as to establish it beyond all reasonable doubts. Failing which it has two options, either to accept the verdict or to go for an appeal assailing the lower court decision. This is the procedure which is tested, trusted and complied in Indian democracy for decades together and if, even after crores of criticism, political vendetta and commercial kickbacks, the Indian democracy has survived with glory it is because of Judicial review.
Pendency of over 3 crore cases throughout the country further shows that even with this sluggish system, judiciary is the last hope of people.
The Universal Declaration of Human Rights, article 11, states: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense."
Again in criminal jurisprudence the Blackstone’s ratio is the idea that: “It is better that ten guilty persons escape than that one innocent suffer.
So have faith on judiciary, do not jump on to your conclusion based only on media feeding. Justice will be done, anybody likes it or not, it will be.
===========================
Post a Comment
If you have any doubt, pl. let me know