Tuesday, 8 January 2013

A Fair Hearing means Hearing through Counsel

You say that the accused have confessed to the crime. But we all know how 'confessions' are obtained in our country--- often by third degree methods. Under torture one will confess to anything. One does not doubt the heinous nature of the offence, but the main question will be of identity. Whoever has done the crime undoubtedly deserves harsh punishment. But the question is whether the persons in custody are the real culprits. This has to be established by the prosecution beyond reasonable doubt, and the accused must be allowed a proper defence, including the right to cross examine the prosecution witnesses through their counsel. Unless a lawyer is permitted to represent the accused there will be no fair trial, because a layman does not know the art of cross examination, he does not know the rules in the Criminal Procedure Code or in the Evidence Act, he cannot determine whether the charge against him is valid in law, whether the evidence being led against him is inadmissible or irrelevant, etc That is why in serious cases a hearing to be fair means a hearing through counsel

22 comments:

  1. Shiv Aroor (@ShivAroor) tweeted at 6:06am - 8 Jan 13:

    Update: Army confirms that one of its jawans was beheaded (his head was taken away by the Pak Army attackers). The other was not beheaded. (https://twitter.com/ShivAroor/status/288647765553197056)

    ReplyDelete
    Replies
    1. This could be the work of agent provocateurs to make India and Pakistan fight with each other

      Delete
    2. Yes, therefore we should not retaliate, we should cherish the Chistis. We should romanticise the good times from way back in Lahore. We should play cricket. We should invite their artists. We should give them visas.

      And we should give them every form of positive feedback to embolden them to repeat the same heinous crime in a few months.

      Well done, Justice.

      No, thanks.

      Delete
    3. This government, together with eminent persons such as yourself have devalued the Indian soldier to the price of a bullet or a knife.

      Obviously being a Justice and being judicious are unrelated.

      Delete
  2. You might want to reconcile yourself with reality vis-a-vis Pakistan.

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    Replies
    1. Please note there is a difference between Pakistani people and Pakistan government as it does with regard to India. How many Indian government actions does the Indian citizen agree with in general? Justice Katju has mainly supported Pakistani people and talked about how the people of the two countries need to come closer. Governments and politicians have their own agenda, both Indian and Pakistani (and American, for that matter).

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    2. Show us a way of ridding Pakistan of its military and ISI and I'll show you how the people of India and Pakistan can come together.

      Keep in mind that you have the USA arming and abetting them. Keep in mind that the Indian government consistently chooses to overlook their transgressions.

      You will fail in showing us the way.

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    3. You are just repeating what the government of India wants you to repeat and which the mainstream Indian press rarely challenges. They have an agenda in showing Pakistan as the aggressor, as do the politicians of Pakistan in showing India as an aggressor. This is how the people of the two countries have been made strangers to each other over the last sixty years.

      I don´t have a solution to Pakistan´s problems but there is no need for us to look at 180 million Pakistanis suspiciously based on surely heinous actions and statements of their military and politicians. We know how politicians behave in India - why do we expect any different in Pakistan?

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    4. @skv, @anon
      of late humanity is fashion. Back home we have so much hate mongering among ourselves. You do not have a solution for it but ready to jump on our own government in support of neighbor. What did you do about MNS attacks on Biharis? Do you even know what is happening in AP? One section of Telugu speaking people abusing another section of Telugu speaking people in the name of regional differences. I know very well that you know these and you will do nothing. You work for all those self-declared 'victims' regardless there is merit it in or not.

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    5. Skv, clearly you have difficulties in comprehending English or choose to ignore my post to beat your drum. Read what I wrote about the Pakistani Army and ISI being the primary obstacle for Indians and Pakistanis coming together. Nice try in diverting the crux of the problem by trying to paint the situation as Indians looking at 180 million Pakistanis suspiciously.

      You can cry victim for your brethren all you like.

      Delete
  3. Even it is established that the accused are the offended, you let them off through the penalty of Rs 50,000. Indian judicial system is a comedy circus with third rated judges with single digit IQs.

    Korava Reddy

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    Replies
    1. Sorry, offended should be read as offenders.

      Korava Reddy

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    2. Please provide more details (a link perhaps) of the example you quote of a Rs. 50000 penalty you mention. Also, where did you see the rating of the judges (or is it only in your mind?. What about IQs - have you seen a study of judges IQ that you can show us?

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    3. Please consider the following facts (!) The 3 accused had already undergone 3 and a half years imprisonment, and it is not that they never went to jail. (2)A joint application had been filed by the parties stating that the victim was already married with 2 children, and was not interested in sending the accused again to jail, and would be satisfied with compensation (3) The victim was a poor woman, and by sending the accused to jail again she would not be benefited, but by giving some compensation to her she could feed her family better (4)The accused, too, were not rich persons, and so we directed each of the 3 to give Rs. 50,000 as compensation to the victim.

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  4. Yes exactly the point. We cannot have Kangaroo courts , instant justice and archaic functioning of legal arm like an archaic country like say,Saudi Arabia.

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  6. Fair hearing being necessary requisite for any trail , these people should understand that law is not a subject of whims and fancy .
    To quote lord Mansfield " Let it be known to all , that no man who is sitting here (at position of a judge) can be influenced" .

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  7. Elaborate and fair hearing also gives the story of the other side. The life and circumstances of the rapist must be regarded as the greatest learning outcome for the rest of society so that they not heed that path.
    For once and always, I am not able to understand why there is so much support for elimination before hearing.

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    ReplyDelete
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