26/11 : it does hurt
When we have an accident in railways, we have to stand without rest or sleep day and night, till the injured are taken care of and the line is restored back to safety. We cannot say, we have to adjourn the activities for a day or two days later availing week end etc.
A doctor on emergency duty cannot leave the patient on operating table and go for a break.
But why our courts need all kinds of breaks and try to remain blind folded to delay justice as much as possible- particulalrly in case of 26/11 terrorist case.
How procedure has become more important then the substance is what is wonderful.
On 27/11 all evidence was readily available, the court comprising of three judges ordered on emergency basis should be mobile and visit with cameras recording the audio-visual evidence, allowing the so nominated defence lawyer as well as the prosecution too to present their oral presentation in real time, move in a mobile media cum recording van, interview also the culprit in jail in full video recording, take his staement, get him cross examined too, everything on video-audio , with fresh evidence marks all available at site and the weapons used too, truth shining at its best and fresh. Hour by hour this work should be completed, giving the chance as required under law, an opportunity to present his case, then and there, not as an after thought, till the pronouncement of sentence is completed within 48 hours.
A medial team and forensic team also form part of this entourage.
All these are prenominated and when 26/11 like issue arises, the entire set up gets automatically mobilised.
The transcriptions of the audio recordings will also be completed in another mobile van all moving in convoy, with police protection.
Once the sentence is pronounced after taking in to account all the field evidence and statements of witnesses, all recorded in the mobile court with live video uplink for all public to witness, the courts are closed.
Then on the third day, the superior court will sit for next 48 hours, examine all the audio-visual evidence, the reasoning of the judges and confirm the sentence or modify.
Thus the ends of justice are met within 5 days.
The culprit is medically attended and then the punishment awarded with two weeks of the incident.
The public memory is fresh and the deterrent punishment awarded quickly has a meaning and serves the intended purpose.
Now we allow evidence to become old and get buried under piles of documents, convoluted statements by advocates, followed by repeated adjournments of holidays and vacations.
Three years, a decade without any actions, has lost meaning of justice being done. Actually injustice is dispensed to the victims of terrorism rather than justice.
Why we cannot do this? When others work 24/7 to do duty in emergency , why not courts too in cases like terrorist attack when culprits are captured, with security forces losing lives too?
A doctor on emergency duty cannot leave the patient on operating table and go for a break.
But why our courts need all kinds of breaks and try to remain blind folded to delay justice as much as possible- particulalrly in case of 26/11 terrorist case.
How procedure has become more important then the substance is what is wonderful.
On 27/11 all evidence was readily available, the court comprising of three judges ordered on emergency basis should be mobile and visit with cameras recording the audio-visual evidence, allowing the so nominated defence lawyer as well as the prosecution too to present their oral presentation in real time, move in a mobile media cum recording van, interview also the culprit in jail in full video recording, take his staement, get him cross examined too, everything on video-audio , with fresh evidence marks all available at site and the weapons used too, truth shining at its best and fresh. Hour by hour this work should be completed, giving the chance as required under law, an opportunity to present his case, then and there, not as an after thought, till the pronouncement of sentence is completed within 48 hours.
A medial team and forensic team also form part of this entourage.
All these are prenominated and when 26/11 like issue arises, the entire set up gets automatically mobilised.
The transcriptions of the audio recordings will also be completed in another mobile van all moving in convoy, with police protection.
Once the sentence is pronounced after taking in to account all the field evidence and statements of witnesses, all recorded in the mobile court with live video uplink for all public to witness, the courts are closed.
Then on the third day, the superior court will sit for next 48 hours, examine all the audio-visual evidence, the reasoning of the judges and confirm the sentence or modify.
Thus the ends of justice are met within 5 days.
The culprit is medically attended and then the punishment awarded with two weeks of the incident.
The public memory is fresh and the deterrent punishment awarded quickly has a meaning and serves the intended purpose.
Now we allow evidence to become old and get buried under piles of documents, convoluted statements by advocates, followed by repeated adjournments of holidays and vacations.
Three years, a decade without any actions, has lost meaning of justice being done. Actually injustice is dispensed to the victims of terrorism rather than justice.
Why we cannot do this? When others work 24/7 to do duty in emergency , why not courts too in cases like terrorist attack when culprits are captured, with security forces losing lives too?
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