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