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Mockery Of Justice: Nirbhaya Or Bhaya Of Courts

31 January 2020

Sangita Agarwal

Bhubaneswar: It’s very difficult to understand our judiciary system. Only ‘lawyers’ know the judicial process in our country. They know how to twist the facts on the face of all the shreds of evidence, and make a mockery of the whole system regardless of being a part of it. 

The Nirbhaya case is a glaring example of the whole farce.

Nirbhaya case still sends chills down the spine of every Indian. In December 2012, a young paramedic student was brutally gang-raped and assaulted in a moving bus by six people before being thrown out on the road on the cold winter night. It instantly became a high profile case, where the whole country stood together demanding for speedy trial and justice. The police acted fast and arrested the convicts within few days.

Now, this is the definition of ‘quick justice’ in my country.

The defence lawyer has successfully manipulated to stretch the ‘game’ of speedy trial and justice over a period of 7 years, and now after the mercy petition was denied by the President, has come up with a new judicial ‘weapon’.

The convicts are now challenging the rejection of mercy plea by the President, and that too, one by one. The Supreme Court has dismissed their final bids of three but the fourth convict Akshay is yet to file a curative plea. 

It was always taught in the school that the last option in the legal process was the mercy petition, which if denied cannot be changed. But in this case, the lawyers have made a mockery of the whole judicial system and tainted the whole process. It seems as if seeking justice in this country is a farce.

As per section 854 of the revised Delhi Prison Rule, in case of multiple death row convicts in the same crime, none can be hanged till the last one has exhausted all options. And Akshay is yet to exhaust his last option.

 The case which started seven years back had the whole country watching it with bated breath, and hoping to get a quick sentence. But as the defence lawyers very well know the loopholes in our judicial system, they easily manipulated the ‘speedy’ trial to a period of more than 7 long years.

Even when a woman was most inhumanely brutalised and gang-raped, the barbarians with the help of some so-called lawyers are able to ridicule at the system with the help of our so-called ‘lawful judicial process.’

Days turn into weeks, weeks into months, months into years but it is very difficult to get justice in this country due to its faulty judicial system. Not only criminal cases, but in the civil cases also there is blatant mockery of our system, and people easily play hide and seek by exploiting legal loopholes.

The credibility of the judicial system is at stake, but no one seems to be bothered. Despite debates and discussions, the lawmakers do not seem to be in a mood to change these erroneous provisions.

So the facts are loud and clear. It is not the convicts who should have ‘bhay’ (fear) for punishment, but the victims who should be ready for a lengthy mockery of justice, even have ‘bhay’ of not getting justice in due time. The convicts may even roam scot-free due to the flaws present in the legal system of our ‘great’ country. 

Perhaps no one seems to have heard about ‘Justice Delayed Is Justice Denied’.