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India India's Legal System

Discussion in 'Breaking News' started by minhas, Jan 19, 2011.

  1. minhas

    minhas
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    Dear all ,

    I heard about many cases where the verdict was against the innocent persons who were never culprit.

    Here I'm discussing the case of kehar singh . The debate about death penalty versus life sentence would never have arisen were it not for an earlier SC obeservation that the death penalty should be administered only in the "rarest of the rare " cases. Why did the SC make this obeservation ????

    This observation by the SC came in the course of the indria gandhi assassination trial . The SC judgement in that was very controversial . The sentence to hang kehar singh was widely questioned . Kehar singh was deemed innocent by most people . There was no evidence against him except that he was related to beant singh . The family of beant singh and kehar singh had visited the golden temple . This was considered sufficient by the SC to nail khear singh . This decision left a permanent blot on the wisdom of the SC .

    Earlier the justice Thakkar commission report had suggested that the conspiracy behind indira gandhi 's assassination be probed . The commission identified one congress politician as a suspect . That politician instead of being probed was rehabilitated by indira gandhi 's son, prime minister Rajiv Gandhi . Therefore closure of the conspiracy angle of the case was required urgently . Kehar singh was made the fall guy to close the chapter and to silence all questions about the unsolved aspect of Indira gandhi 's murder .

    VM Tarkude , former Mumbai HC judge remarked that the evidence against kehar singh was not sufficient even to hang a dog . He criticized President Venkataraman for rejecting the mercy petition without objection . Indeed President Venkataraman himself admitted his laps in his autobiography . He wrote " Kehar singh 's case raised a few queries in my mind .... should not the President have discretion to examine any extenuating circumstance and alter the death sentence without the advice of the goverment ???

    How else can prejudice or partisanship be prevented ????

    Kehar singh overwhelmingly considered innocent was allowed to hang because everybody looked the other way . None had the courage to speak the truth , after all this was related to the murder of Indira Gandhi .

    Will India 's judicial system ever have to stand trial ????

    Regards
     
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  3. Ambarsaria

    Ambarsaria Canada
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    minhas ji I am not sure which justice system you think prevails in India.

    I have only seen rishvatkhori (bribery) and influence and you can get the judgment you want.

    Justice system is there to rule against people who cannot afford rishvatkhori (bribery) and have no contacts for influence.

    Obviously the case you point to for Sardar Kehar Singh ji's had no chance based on influence.

    I am sure if this case was set up today in similar circumstances Sardar Kehar Singh ji would have been meted out the same fate. People recant later (Justices, the then President, etc.) to show as though same mistakes will not be made today. These are just crocodile tears.

    Just my opinion though.

    Sat Sri Akal.
     
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