ABHAYA NUN & AMALA NUN

ABHAYA TO AMALA

Two identical cases of untimely deaths, during a spell of 23 years or so. The first was in a convent at Kottayam and now at Pala. Identical situations in both, except the places of occurrence, falling in the same district!

The case of murder of Abhaya is still on the “anvil” and the officials are still “struggling” to come out with a firm decision! The criminals are still moving in the crowd! While the victim in the first murder was a young lady, this time it is a grown up lady 69 yrs old! On a detailed thinking on the two death cases, one can form an opinion in the “unsafe” conditions prevailing in such “enclosures” under the charge of Christian Institutions. Are these suspected life risks, culminating in deaths, because of the peculiar state of these “unmarried ladies” having untold miseries in their daily life in the convent?

Whatever investigations we do, unless there is a machinery to hasten the fact finding process, this death case also will linger on for another spell of 20 years or more! The reasons may be, over powering of the inmates by external forces or by the lack of internal security? All these factors of relevance in these suspected murder cases must be investigated into thread bare details to arrive at the exact reasons for such untimely deaths.

A divine approach on the part of the catholic church leaders only will eliminate such sorrowful living conditions leading to untimely death of the inmates of these convents.

Abraham Mangalath Philip     

LAWFUL DECISION BY JUDGES

Lawful decision by the Judges

In India we have different tiers of courts starting from Sub courts to District courts/High court and the Ape court (Supreme Court). The court cases referred to the lower courts are often being referred to the higher courts for further review and orders.

Applying the “same rule” for “similar crimes” must normally be disposed of in the same manner! But it is often seen that the judgement of a lower court, when referred to the higher courts differ in “style and use”. That means an element of individual discretion is being applied by judges in the matter of dispensation of each case. In such cases, not only delay takes place, but also concerns over the decisions of one or more courts brings in controversial features in the judiciary.

“To err is human” is a natural occurrence and the judge has indicated this fact while dealing with the matter of deletion or abolition of the “death penalty” from our judicial system. Now if the authority can “err” in the final decision, how much more the ordinary criminal can “err” in his action?

The “killer instinct” in human beings is in-built in his nature and he/she on sudden impulses or emotion commits murder. Also there can be “cold blooded” murder. To deal with such cases, the Judiciary has to find out an alternate means of restricting “human slaughter”, if at all the existing law is amended and Death Penalty abolished. Isolation of the murderer from outside world, in restricted space in Jail till he “joins the majority” in natural course, seems to be an alternative punishment..

An instance of 60 years delay was reported by a senior advocate Sri. N.N.Sgunapalan in manorama dated 4.9.2015. It may not be perused further as the complainant and the respondent might not be alive to follow up the case! Another murder case is still pending for final disposal (Sister Abhaya case)! The agonising moments of the family members continues till date! The delay in finalising the punishment to the criminal, the system is indirectly punishing the family members of the victim for a prolonged period of time. How can we justify this type of mental torture to the relatives of the victim?. Unless our system is revamped on a higher Pedestal of Excellence in the application of Law, we may reach a point of “No return” in the Matter of JUSTICE.

DIVINITY IN our action will terminate all our problems in adjudication.

Abraham Mangalath Philip