Wednesday, April 2, 2025

Elusive justice

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The Supreme Court has said that the legal system in India makes life too easy for criminals and too difficult for law- abiding citizens. It is a sad reflection on the legal system coming from the apex body of the judiciary. The SC has expressed frustration over the way the rich and influential accused employ every tactic to delay trials giving substance to the saying that justice delayed is justice denied. The Court‘s special reference was to the Geetika Sharma suicide case. The former Haryana minister Gopal Goyal Kanda, the accused in the case, continues to evade the police. Other such cases spring to mind. Most notable among them is the thirty seven year long trial in the L.N.Mishra murder case. Mention can also be made of the acquittal and then on retrial conviction of Santosh Singh who was accused of rape and murder and of Manu Sharma who had killed Jessica Lal. Long adjournments are sought by the accused. Besides, they use the delay to assert their rights. The Supreme Court stated that it could interfere in the trials but in case of deliberate foot-dragging that could be of no benefit.

The quality of even-handed justice has to be appreciated. There are such reservations as “the benefit of the doubt“ or “without a shadow of doubt“. But that does not mean that trials should be delayed giving the accused the opportunity to be at large. The system of bail, suitable for the rich, is a delaying factor. If the verdict is delayed,there can be tampering with it. The judiciary in India is no longer incorruptible and is often subject to political pressure. But the main loophole is in the legal system and our legal eagles should do their utmost to remedy it.

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