Justice must be seen to be done...Sandhya Jain

Nov 30, 2004: Justice must be seen to be done

Even at the risk of contempt of court, I must say that the manner in which the Tamil Nadu courts have conducted proceedings against the Kanchi Shankaracharya has left millions of citizens with the feeling that justice has not been seen to be done. As this is the litmus test of justice, the Chief Justice of India, who recently promised probity and transparency, would do well to watch this extremely sensitive case. It has become a political fashion to invoke the majesty of law while launching a trial by organised propaganda through the media. Thereafter, the law is "guided" along a particular course. Tamil Nadu Public Prosecutor K Doraisamy indicated this course when he called Swami Jayendra Saraswati a "most undeserving criminal", and fought to deny him bail. The courts acquiesced and extended the judicial remand of the 70-year-old seer by a fortnight, even as the case against him showed holes bigger than lunar craters. I also wonder if Ms Jayalalithaa's award of Rs 5 lakh to the wife of the murdered man is judicially appropriate at this stage of the case. If the law is equal for all, we must understand what equality entails. Some years ago, an inebriated young man in a BMW mowed down five or six pavement dwellers in the wee hours of the morning and nearly washed away the evidence when caught by an alert constable. His lawyers managed bail after a fabulous compensation to the aggrieved families, "without prejudice to the case" (whatever that means), and secured the court's indulgence to send the young man to Colombia University, USA, to complete his education and save his career. The case has never since been heard of and the young man now graces newspaper society columns.
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Full article at: Justice must be seen to be done By Sandhya Jain, Pioneer