Does the legal system in India end up reflecting the prejudices of it's society?

[Cpt. Rishwat]

http://www.huffingtonpost.in/2017/0...n-2002-gujarat-riots-citing-lack-of-evidence/

Court Acquits 26 In 2002 Gujarat Riots Citing 'Lack Of Evidence'

GANDHINAGAR -- Around 26 have been acquitted by an additional district court in Kalol in Gujarat's Gandhinagar in connection with the 2002 post-Godhra Riots case citing lack of evidence.

On January 31, the court pronounced the order stating that substantial evidence could not be produced owing to a compromise reached between accused and the victim to establish any violence that took place on February 28, 2002.

While pronouncing the judgment, Additional District Judge BD Patel, noted that enough evidence against the accused were not available as all the witness turned hostile by claiming that they were unable to identify the accused, who were part of a mob.

All the 26 accused were facing charges of, arson, rioting and destruction of properties belonging to people from the Muslim community and vandalising a mosque in Paliyad village.

Around 58 people lost their lives when the S-6 coach of Sabarmati Express was torched at the Godhra Railway Station on February 27, 2002.

The incident had triggered large scale riots in Gujarat in which around, reportedly, 1,000 people were killed.

I find it depressing that the courts in one of the leading countries of the region quite often appear to end up rubber stamping mob law. This isn't an India versus Pakistan thread either, as has been portrayed in another thread launched today about society in Pakistan and the murder of minorities there, it's a curse of that country as well.

What is the answer? My view is to relentlessly shine a light on injustice so that at least it doesn't get brushed under the carpet.

 

[sensible-indian-fan]

No not prejudices but its that the legal system ends up letting a lot of criminals off the hook.

Modi, Salman Khan, Shankaracharya are a few of them.

Even Jayalalitha escaped in disproportionate assets case (but this is one instance I am personally glad she escaped - non Tamilians won't understand).

 

[sensible-indian-fan]

If corruption yardstick is applied to all politicians fairly, very few will be left standing.

 

[Cpt. Rishwat]

The article was aimed more at mob riots where minorities or disadvantaged suffer the consequences rather than court cases involving celebrities or VIPs. When it comes to mob law, you wonder whether the courts and judges are really interested in upholding the rights of the minorities or the judges and jury themselves will sympathise with the mobs as they share the same sympathies.

 

[JaDed]

More to do with money than minority but that's just imo also the cases turn and twist with gov at center,it reflects the judiciary largely they probably put themselves on a pedestal eventhough they are the worst,from removing the jury system to having massive amount of pending cases to be being political Indian judiciary has been the most disappointing system in India.
From 1975-1984-2002 or whatever years they have largely been a closed system of judges trying to be activist or political depending on their business connections.

 

[cricketjoshila]

Same courts send sitting ministers like Kodnani to jail.

 

[troodon]

Have lots of money and have the right connections, you can escape prison sentence.

 

[kabbirann]

The marathi movie "Court"should be recommended viewing for anyone interested in the Indian judicial system.
Brilliant satire and does answer your question.

 

[Cpt. Rishwat]

Have lots of money and have the right connections, you can escape prison sentence.

Similar to Pakistan, or so I hear. What does that say about the society in general though? It could be argued that the legal system and it's vagaries are no more than a reflection of the society they are based in.

 

[Pure Evil]

I find it depressing that the courts in one of the leading countries of the region quite often appear to end up rubber stamping mob law. This isn't an India versus Pakistan thread either, as has been portrayed in another thread launched today about society in Pakistan and the murder of minorities there, it's a curse of that country as well.

What is the answer? My view is to relentlessly shine a light on injustice so that at least it doesn't get brushed under the carpet.

Are you sure the men were guilty? It could well be the innocent men were incarcerated by the law? You usually symphatize with such but maybe these men are from the wrong religion

 

[ex-q-zit]

Bail Pleas Of Some Godhra Train Burning Convicts Opposed By Gujarat

New Delhi: The Gujarat government has opposed in the Supreme Court the bail pleas of some convicts of the 2002 Godhra train burning case, saying they were not mere stone-pelters and their acts prevented people from escaping the burning coach.

On February 27, 2002, 59 people were killed when the S-6 coach of Sabarmati Express was burnt at Godhra, triggering the riots in the state.

The matter came up for hearing on Friday before a bench of Chief Justice D Y Chandrachud and Justice P S Narasimha.

The Supreme Court, while asking the state to specify the individual roles of the convicts, observed that bail pleas of those who were accused of stone pelting could be considered as they have already spent 17-18 years in jail.

Solicitor General Tushar Mehta, appearing for the state of Gujarat, said these convicts threw stones on the train which prevented people from escaping the burning coach.

"It is not a case of mere stone pelting," he told the bench.

Mr Mehta told the bench that appeals filed by the convicts in the top court against the October 2017 verdict of the Gujarat High Court, which had upheld their conviction in the case, could be listed for hearing.

He told the bench that he would examine the individual roles of these convicts and apprise the bench about it.

The bench has posted the matter for further hearing on December 15.

In its October 2017 judgement, the high court had commuted to life imprisonment the death sentence awarded to 11 convicts in the Godhra train burning case.

It had upheld the life sentence awarded to 20 other convicts in the case.

On November 11, the Supreme Court had extended the period of interim bail granted to one of the convicts until March 31, 2023.

It had noted that on May 13, the top court had granted him interim bail for six months on the ground that his wife was suffering from terminal stage cancer and his daughters were differently-abled.

In its November 11 order, the bench had noted that having due regard to the situation which continues to subsist, "we extend the period of interim bail until March 31, 2023 on the same terms and conditions".

NDTV