Wednesday, October 18, 2006

In the future: Justice by SMS Votes?

High Court has reversed the Lower Court's judgement and pronounced the accused (Santosh Singh) in Priya Mattoo case, as guilty. It has even indicated the maximum punishment is under consideration.

The public outcry, media activism, etc. etc... played a significant role in bringing about this judgement.

Justice needs to be based on Facts, Investigations and Evidence.
So lets see What new facts came into light between the time Lower Court acquitted the acused, and High Court passed its judgement. Almost Nothing new was presented by CBI or any investigating team. So one may argue that the Trial Court bungled, and all has been set right by High Court. Yes this is the case, but what took 6 long years to do so? Apparently until the media pressure increased, dates were not being alloted into hearing this case for years - for whatever reasons.

So, this becomes a curious case of Flip-Flop Justice based on Outcries, Candle Light Vigils, Media Activism.

On the face of it - it even sounds attractive. But is it?
We run the risk of subverting the very idea of a strong and a just legal system. Any legal system that needs to be swayed by the Vigils, and Activisms - will be deemed to be weak. But the fault does not lie with Legal System alone - its the investigating agencies (as pointed out by HC) that deserve the strongest rap on its knuckles.

With this trend - we run the risk of doing justice to Media Savvy Victims, and being ignorant or even unjust to a lesser victim from not so informed backgrounds. Can we honestly say that - if the the victim (Priya Mattoo) was a poor old woman from the backward villages of Uttar Pradesh - she would have got similar justice?

What we need is a strong Investigative System (Police, CBI), free from the clutches of Politicians. A Judiciary that doesn't have to spend time in informing the govt. that pot holes need to be repaired.

Otherwise - we run the risk of handing out justice or injustice by SMS Votes and it's likes.

Mattoo verdict: Victory for judicial system
Trial judge mauled justice, says HC


At 5:53 AM, Anonymous ekawaaz said...

Very nice post, thats correct mate now a days most of the justice are delivered under media pressure. It is not correct anyway. SMS voting is not the correct way, its only give false alarm and put justice system under more pressure. If the CBI didnt provided any new eveidence, then how come there is so much dfferance in two judgment? Lower court aquited him and high court convicted him? Well after reading your post it does make me think whether justice has been done or its just another verdict of court just to get rid of media attention and public out cry. Justive should be and only should be based on proof. Question is does our investiation agency is too week that they didnt find any new eveidance or our lower judges are not able to provide justice to poor people of this Great India?

At 11:08 AM, Anonymous Madhu Ahuja said...

Hey there,

the call center i work in might b under SEZ, may b Shopping malls, hotels, retails & whole sale shops, gardens etc i go to r under SEZ.

But how much of our land will b converted into SEZ land? Farmers need space too.There has to b a balance betwen SEZ & farm land.

A farmer was given 20 lakhs to vacant his land to build SEZ area when the area costed 2 crore!Why is this cheating going on by the super rich class?y r they misusing the power they have?y r they xplooiting the poor?

At 10:07 PM, Blogger Apun Ka Desh said...

This is the cheating which must be fought - in which case - it's name is Corruption - NOT SEZs.

Don't oppose SEZs because it is fashionable to do so. Oppose the Corruption that might be taking place along with it.

At 12:14 AM, Blogger shruti said...

today peopl belive whatever media shows them..
they have gain a degree of acceptance in a society that they ar working for good and they never cheat....
i think media have to mentain it and should show a real picture...

At 1:49 PM, Anonymous Sanjay Tripathi said...

yes very right. Most frustrating fact is that Judiciary system is so out of reach from the sincere honest and poor law abiding citizen that he prefers to suffer the injustice... We have a long way to go in India... Anyway Happy Diwali and gud wishes to you and your family.

At 11:20 PM, Anonymous Rational_Human said...

Very good point.
We Indians are easy to be satisfied.
We are satisfied that at last Justice has won.
In spite of the bad influences which might occur because of media attentions, I still appreciate the whistle blower role taken up by the media in the high profile cases at least.
Hope this brings about some change for the better in the judiciary system.

At 4:16 AM, Blogger Ashish said...

Alternate opinion: It helps for citizens to feel that their opinion counts. It does no good for people who do not have this kind of voice, but any issue that can bring the emotionally dead middle class out to protest against injustice is a good thing. Of course, this is not something that needs to happen every time, and in the long (and actually in the short) run, the police force needs to be an instrument that can be depended upon to be independent and do a good job with investigations.


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