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Where Is Justice?

Discussion in 'Snippets of Life (Non-Fiction)' started by jayasala42, Apr 22, 2022.

  1. jayasala42

    jayasala42 IL Hall of Fame

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    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
     
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