366 JUSTICE DELAYED IS JUSTICE DENIED ARTICLE

2959 Words12 Pages
JUSTICE DELAYED IS JUSTICE DENIED

“Little drops of
Water, little grains of sand
Make the mighty ocean
And the pleasant land,
Little deeds of kindness,
Little words of love
Help to make earth happy
Like the heaven above.”

This poem of Julia A F Cabney in “Little Things” was quoted by the Supreme Court judges Doraiswamy Raju and Arijit Pasayat while delivering their judgement on April 12 in the infamous Best Bakery riot case in Gujarat.
Before I start I would like to highlight something about the origin of the quoted line "Justice delayed is justice denied." This line was written by William Ewart Gladstone (1809 - 1898). He was one of the greatest of English Politicians and also former British Prime Minister.
The 15th August 1947 is a
…show more content…
“The modern day Neros were looking elsewhere when innocent children and helpless women were burning and were probably deliberating how the perpetrators of the crime could be protected,” the apex court said.

The judgment is an indictment not only against the Narendra Modi government, its bureaucracy, police, prosecution but also against the state judiciary. One can understand the inaction of the state governments, its subservient bureaucracy, police and prosecution but not the judiciary.

“The public prosecutor was not acting in a manner befitting the position held by him. He did not even request the trial court for holding the trial in-camera when a large number of witnesses were resiling from the statements made during investigation. The powers under Section 165 of the Indian Evidence Act (Judge’s power to put questions or order production) was not resorted to at all’. One of the witnesses was declared being of unsound mind but it was manipulated by the prosecution to drop him from being a witness, the apex court said.

Some of the witnesses were not examined at all without disclosing reasons. Courts are not expected to play to the gallery. They are not expected to be tape recorders to record whatever the witnesses are stating. Section 311 of the Code of Criminal Procedure and Section 165 of the Evidence Act confer vast and wide powers on presiding officers of court to elicit all

More about 366 JUSTICE DELAYED IS JUSTICE DENIED ARTICLE

Get Access