Earlier this week, a death-row convict was acquitted by the Appellate Division of the Supreme Court, after 20 years of languishing in prison. He was sentenced when he was 28 years for allegedly killing of his wife and daughter. But the Appellate Division found inconsistencies in police investigation of the case and doubted the witness statements. The court found it was a miscarriage of justice and set the man free.
If honesty has any importance then we have to admit that it is not out of our knowledge how negligently criminal investigation is conducted. If police arrest somebody he is sure to be in jail. The courts will believe the police version and accused is deprived of all his rights. He is at mercy of the police. The police investigation means police remand and secret interrogation. The police has all the freedom to abuse police power. Deaths and torture in police custody notwithstanding, the courts are too willing to oblige the police in granting remand without providing any safeguards to arrestee. The judiciary should be strict about the judicial conscience. The police connected with prosecution are accountable to the courts. No such accountability exists. The police cannot be trusted for honest investigation. There is political influence and there is corruption. When an innocent suffers in a court case should also mean the guilty one has been saved. It is known more to courts than others. Yet, police power is to prevail. There are other intelligence agencies to back up the police. All are politicised for power politics of protecting the establishment for unfettered corruption.
After forceful and humiliating departure of former Chief Justice S K Sinha, the Supreme Court has been demoralised. But despite the reality Supreme Court still exists as the only institution that is not devoid of public faith. The government has to rob election because it does not enjoy public trust. The Supreme Court is showing courage where possible but not enough. May be it is asking too much but it is the truth ignoring the Supreme Court is not easy.
Where politics is corruption business and so-called politicians are fearful of the people, the Supreme Court is the only hope to save the justice system.
If justice system cannot retain the confidence of the people the country will go down the road of full anarchy.
The man who lost 20 years of life it is most likely he lost his family and children. As miscarriage of justice inconsistencies has been found in police investigation the court should do something more by way of ordering compensation for him from police fund and inducting an internal investigation.
