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HomeOpinionsThe Chhawla gang rape case- Is the Supreme Court really a people’s court?

The Chhawla gang rape case- Is the Supreme Court really a people’s court?

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Dr Sudhir Bisht
Dr Sudhir Bishthttps://www.kobo.com/us/en/ebook/the-first-lady-of-roli-petroleum
Former CEO, Adjunct Professor, author, independent columnist & life-long learner| Religious Beliefs- Vedant darshan, Bhagavad Gita| Economic beliefs: Capitalism with strong regulatory framework

The citizens of this country have often heard the courts proclaim that the judiciary in India is meant to be the protector of its people. The Judges of top courts often claim to be the last hope for the people of India.

In this blog, I want to examine this lofty claim by the milords.

This post is about rape, torture and murder of a 19 year old girl by three men in 2012.

The trial court sentenced the 3 guilty men to death in 2014. The sentence was upheld by the High Court but has now been cancelled by the apex court.

Why?

Because the Police didn’t do a good job and the trial and High courts held the three men guilty just on the basis of confession of the accused.

A video recording exists that shows the criminals helping the Police kind of recreating the crime scene.

The criminals in the video appear under no coercion or any kind of pressure when confessing to the ghastly crimes.

Two shortcomings pointed out by the apex court bench, headed by the recently retired CJI U.U. Lalit are as under:

1- That the DNA reports were NOT reliable as the method of sample collection, sealing etc was not as per the standard procedures

2- That the material witness examination and cross examination was not proper and many witnesses were not cross examined at all. Hence the identity of the accused couldn’t be established beyond doubt.

I want to ask former CJI UU Lalit if people were not pronounced guilty when DNA technique was not in vogue?

It is a fact that DNA testing came into play only in 1985 in court cases.

Why did the Bench of Retd CJI UU Lalit not order a reinvestigation?
Did it not occur to the Lordships that someone must have carried out the heinous crime? If not the three accused, then who did it?

Is not confession of crime a strong basis for sending the accused at least to life terms in jail especially when the accused are on a video recording done at the scene of crime, telling how they tortured, raped and killed the victim?

The brutality of torture will make anyone recoil in horror.

A YouTube channel (The Lallantop) talks about the torture. It started with a group rape followed by pouring of acid on the victim’s eyes and then a broken beer bottle was inserted in private parts of the victim.

Is this the end of the humanity?

There is blood on the hands of many people here. Not just on the hands of the 3 accused who are now free.

The God above is watching the two men and one women who failed to deliver justice to a young victim .

Will her death go in vain?

The top court has a big bag of sin on its chest, even as it claims to have done justice.

Lordships, justice may have been done to the SOPs and the rule book, but humanity has been dented to a devastating effect. The least that I expected was an order for re-investigation or may be at least life terms for the 3 accused.

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Dr Sudhir Bisht
Dr Sudhir Bishthttps://www.kobo.com/us/en/ebook/the-first-lady-of-roli-petroleum
Former CEO, Adjunct Professor, author, independent columnist & life-long learner| Religious Beliefs- Vedant darshan, Bhagavad Gita| Economic beliefs: Capitalism with strong regulatory framework
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