It’s the time when we all should be feeling proud of our judicial system for being extremely fair and prompt. Indeed it’s a time to praise not only our judicial system but also the entire machinery which is responsible for maintaining law and order in our country. Well as it is said that “Haath kangan ko aarsi kya, Padhey likhey ko farsi kya”(Evidence needs no proof), so the recent judgment in the high-profile illegal arms possession and use case, is a live example of the working style of our investigating agencies, administration, as well as, the judicial system prevalent in the country. Once again we are left with the question that is justice actually achieved in the current judicial system?
In a “short” span of 18 years and 3 months, the accused was set free on account of benefit of the doubt. Herewith, it is very important to know about that very doubt, based on which the accused was benefitted for getting acquitted of all charges in the said case. The reason for doubt as provided by the Honourable Court was that the case was registered under the wrong sections of the Arms Act, 1959. To be specific, as per the Honourable Rajasthan court this case was pertaining to section 21(1) of the Arms Act, 1959 i.e. possession and use of arms with “expired” license. However, the “efficient” law enforcing agencies and administration associated with this case got it registered under section 3/25 and 3/27 of the Arms Act, 1959, which relates to “illegal” possession and use of arms. Hence, the accused was acquitted, since no charges could be proved against him under those specific sections, in the said case [Reference: Dainik Bhaskar, Hindi Daily Newspaper].
It is interesting to note here that, in the past as well, in many of the cases, the same benefit of the doubt has come to the rescue of those accused. However, this question is still open that was it an intentional wrong registration of case or did such a blunder happened due to the so-called manual mistake? Keeping aside whether it was an intentional mistake or a manual mistake, can we really claim that justice is actually achieved in all such cases? If those who were accused of such charges were in reality dragged into such cases just because they were famous then who is responsible for the defamation of their reputation, as well as, the mental and physical trauma that they have gone through during all these years? On the other hand, if the accused were actually involved in such cases then is it justifiable to set them free simply because the cases were registered in the wrong section of the law?
In the present case who is responsible for the loss of those 18 years? Will the judiciary reply to this question that why it took them more than 18 years to point out the mistake of registration of the case under the wrong section? Who is going to direct for investigation and punishment against all those who were responsible for not registering this case under the applicable section of law? Just because a case was registered in a wrong section of law does it mean that no crime has taken place? If a crime has taken place and still no one is held guilty then is justice actually been achieved in that particular case?
It is a high time for all of us to figure out that what should be the actual role of a judiciary. Are judiciary’s formed just to pronounce verdicts in the case, as per the evidence presented in front of them? Isn’t it the first and foremost duty of the judiciary to make sure that justice is achieved in each and every single case? If yes, then why can’t the Honourable Courts direct the responsible person to reopen the present case and register it in the applicable sections and re-file it after conducting a proper investigation? Why an enquiry can’t be set up in such cases against all those who fail to perform their duty diligently, in absence of which, Justice couldn’t be achieved? Is it too much to ask for?
But who are we to ask such questions to the judiciary? We are supposed to respect judiciary in whatever form it is. Opposing the orders of Honourable Court tantamount to contempt of court, so even if we see any flaws, we are not supposed to point fingers towards it. As such, all those who were responsible for investigating, registering and presenting the case in a proper manner get away with their responsibilities just like that. Justice is getting killed every now and then, in front of us and what are we doing? Just sitting cross-handed and witnessing it as a silent audience, that’s all. In reality, now also, nothing is going to happen. Most of us (including me) will forget this case in a few days and those who are actually responsible for injustice will be happily spending their life in great comforts. After all who cares for justice right?
Be in touch. God Bless you all!