Justice delayed is justice denied. But, with huge piling up of cases in Indian courts, delay is generally the norm rather than an exception. After the Nirbhaya gang-rape case in Delhi in December 2012, the Centre brought forward more stringent laws to check crimes against women. One of the steps was the setting up of fast-track courts to try and punish the guilty. While the Nirbhaya case itself dragged on for seven years, the last word on the conviction and hanging of four men in this case is still not heard.
The story of Nirbhaya’s gang-rape in Delhi and her death in a hospital in Singapore was deeply painful to one and all. However, what is currently witnessed in courts in the national capital, by way of attempts to delay the hanging of the four death row convicts in the case, makes for a more painful reading. A Patiala House court stayed the hangings this past week, and convicts approached President Ram Nath Kovind with mercy pleas – a provision granted in the law of the land. One question that suddenly arose before a court, out of the blue, was a poser from a convict – as to whether he was jailed to be “raped,” the reference being to homosexual acts in prison. Another question raised on behalf of a convict was, why death sentence to the Nirbhaya convict(s) when pollution in Delhi was killing very many people. It is clear that these are attempts at further delaying the course of justice dispensation.
Without doubt, courts function under set rules and regulations. Courts cannot outrightly reject a plea without explaining as to how this was not permissible under law. At the same time, courts may also do well to thwart attempts at taking the judiciary for a ride. Such attempts consume the precious time of courts which are saddled with large numbers of cases to attend to on a daily basis.
The Nirbhaya case took seven years to conclude. And, still, things are going round in circles. The Union Government is seized of the matter. It has come up with a plea to the Supreme Court to re-consider the guidelines relating to the post-conviction process, so as to avoid further delay in executions of those on the death row. The Nirbhaya case must not drag on unendingly on one pretext or the other; it sends out a wrong message to the society vis-à-vis ensuring the safety of women.