Where Is Justice?

Many countries moved away from awarding death as a Punishment
for Capital Offence
They say revenge, an eye for eye will make the world blind
Of course punishment under Shariat Law is too harsh and
Civilized Society eschewed such crude administration of Justice.
But then the punishment should directly proportionate to the
commission of Offence
We have moved away from Retributive Theory of administering
Justice with Emphasis for reformation.
Still the Supreme Court has held in the rarest of rare cases
still Death sentence is relevant
Did not the Supreme Court Bench consider the case under
discussion the rarest of the rare as the victims a tender Child
of just 4 years ravaged by an animal and done to death
It was a fit case for awarding death by hanging .
Still the Original Verdict had been a Life Term in the real sense
that the accused should die within the four walls of the prison
But the overtly compassionate Bench felt the accused must
not die within the confines of the prison but deserved to spend
life as a free man, shackles free
We wonder how the
perverted and putrified psyche of the accused that
constituted the rarest of the rare crime and demanded
the harshest ever punishment, fit to be considered
for removing such sub-human from the Society,
escaped the eyes of the Supreme Court .
But strangely the milk of compassion flowed profusely goading
them to reserve a normal life after 20 years as if his crime
deserved such a relief and respite from life in a jail
But then who can question the Wisdom behind the Supreme Court Verdict?
The Supreme Court, the apex in the hierarchy has been so sensitive
and tolerated any Criticism !
The Supreme Court Judge, of course a former Judge invited the wrath
of the Supreme Court as he felt that the handling and rationale
behind reducing the death sentence awarded by the Sessions
Court and confirmed by Kerala High Court to Life Sentence
It was one of the rare of the rarest, rape and murder of a young
woman passenger.
It was the case where the victim
was raped and was pushed out of the moving train
Though the Supreme Court did agree with the Rape charge, did not,
and was not inclined to agree with the murder charge as it could
not be conclusively proved that the victim indeed was pushed
out of the running train
On the strange reading of the Court and reduction of death
sentence to Life ;there was a hue and cry among the people
of Kerala and even veteran Jurists, the Chief Minister of Kerala
expressed disappointment
But former Supreme Court Judge Markandeya Katju wanted
the Supreme Court to revise their Judgement to Death
awarded considering sadism and perversion in the act of the
accused .
The Supreme Court initiated Contempt proceedings against
Markandeya Katju that had set an unusual history of the Supreme
Court expressing a rare and severe displeasure against their
own former Judge.
Judge Katju to save ignominy had to tender an apology to the Court
.
There are many more such instances.
Where is justice?
Is there not a provision that the judgement should also look justifiable?
Jayasala 42