To or Not to – The Justice conundrum
To or Not to – The Justice conundrum
By- Pamarty Venkataramana
Capital punishment has been a pet peeve for every student of law and jurisprudence ever since the advent of civilisation of society as a mark of evolution of mankind.
A killed B. It is wrong to kill. So, let us kill A.
Such has been the reasoning in favour of all who advocate the strictest punishment of death penalty to be awarded to culprits in the most heinous of crimes-murder. And, murder after molestation is the ghastly end no human being should meet.
India has been facing outrageous incidents of which the infamous tragic case of Nirbhaya has sent all into dazed stupefied silence as well as heated remonstrations. Without going into the dissection of these crimes, this piece aims to draw focus on the worker act of delayed justice .
The courts of the land have examined the matter in depth and even the apex court had ordered conviction and death penalty to the perpetrators. The law of juvenile delinquency was also rewritten by legislative amendment. However,what is most pitiably shocking is the manner in which a certain petition is entertained in a bid to prevent execution of the death row criminals.
How can the ‘new’ judges choose to delay the execution of the monsters held guilty by none other than the Honourable Supreme Court of India as being deserving of death by hanging in the rarest of ears cases? How can they entertain such a desperate petition made clearly with a view to save the lives of criminals found guilty after due process of the criminal justice system? In the penultimate hour of the sentence being carried out? Which provision of the Constitution permits these ‘judges’ to pass a direction to His Excellency the President of India (after he has rejected clemency petition)?
Who has given them the power to ‘set aside’ a clear verdict passed by their predecessors in hearing of the case (& since have retired)?
The people who have forgotten to march with candles like they did soon after the gory crime?
The judges who watch unabashedly at the sympathetic view exhibited by the present judges?
The Lady Law who remains blindfolded holding the scales of justice?
Nay. It is an incompetent dispensation which set out to change the fate of a 150-billion souls-strong nation without possessing the verve or calibre to govern in a righteous and honourable manner,so to speak!
This essayist had vehemently opposed the elevation of sitting judges to had taken to the streets with woes against then Chief Justice.
Mr.Modi’s government failed to heed the humble advice and foreboding.
The lease of life offered to the death row convicts is but a glaring example of the travesty of justice which can be carried out under biased judgeships. One perverse order by the first court or any other bench of apex court (the temple of justice) can result in a dismissal of the establishment elected with an absolute majority of the people landing the whole country into a constitutional crisis. God forbid this !
Where would all captains of industry and foreigners wooing India to sell their wares be grounded if such a sudden death occurs?
This is no game of hockey or football.Nor is it a matter of augmented reality or artificial intelligence. This is really playing with real lives.
A young girl was molested in a moving bus at night and murdered in a most gruesome manner and the courts have found the criminals fit to be hung to death.
Instead, literally on eve of their hanging, a perverse petition is heard and their death postponed. This is immoral. It is unconstitutional. This is barbaric.
There will be no deterrent to such foul crimes if these monsters are let off by judges who are wedded to their personal beliefs of ‘religion’ , and falter to hang the deadly criminals at the gallows. If their ‘good’ conscience pricked them,they ought to recuse from hearing these sort of petitions.
What will they do if some good lawyer or national leader like Mr. Rahul Gandhi or Mr. Subramaniam Swamy or Mr. Narendra Modi’s Party President, Mr. Amit Shah or Ms. Mayawati choose to file a petition before the very Supreme Court asking the original order of the Court to hand the monsters on appointed date be implemented without any delay?
Another constitutional dilemma?
But then these national leaders are busy with electoral politics and corruption I suppose?
The life of every right thinking Indian press person or ordinary citizen is as valuable as that of those who enjoy all that TRP-attention and Z-security protection.
Is it not?
Arise India. Awaken. Hang the killers. Law has a finality to it . Let not midnight sessions be held for terrorists nor new avenues to save death row victims on eve of gallows be created .
Justice is not a creative art. It is a science of civilisation.
Recall the state of that hapless girl who was brutally killed by these remorseless demons who ought not to be stalking our peace loving Indian society.
Kill the killers. Impeach rogue judges.
Truth alone triumphs!?