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
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