This month in India, we witnessed a curious spectacle of a murdered deer getting some justice (however minor), while a murdered human being was denied the same!
In Oct 1998, actor Salman Khan and a few others were arrested for poaching an endangered species of black bucks in Jodhpur, Rajasthan. It took seven-and-half years for the Indian judicial system to sentence him as reported in Radio Sargam:
SALMAN SENTENCED FOR ONE YEAR
Poaching case about to conclude
Bollywood actor Salman Khan was sentenced to one year imprisonment and fined Rs 5,000 by Jodhpur court in Black Buck Case. Seven other accused in the case including actors Saif Ali Khan, Satish Shah, Sonali Bendre, Tabu and Neelam Kothari were acquitted in the case by Chief Judicial Magistrate B K Jain.
Salman was charged with hunting chinkaras – a deer species, during the night of September 26-27, 1998 when he was in Jodhpur for the shooting of filmmaker Sooraj Barjatya’s ‘Hum Saath Saath Hain’. He and his co-stars of the film were booked by the Rajasthan Forest Department on charges of poaching of endangered animals.
40-year-old Salman was present when the judgment was pronounced in the packed court room. He was convicted under the Wildlife Protection Act. The sentence will come into effect after one month. The court suspended the sentence for a month on a petition filed by Salman’s counsel Hasitmal Sarswat to enable him to move the sessions court for an appeal.
So, although he is sentenced, justice is not entirely served. The culprit (he can be called that, for he has been sentenced) is given an opportunity to play the system and keep on stalling, as he has done for over seven years.
Apparently, this is not the only case in which Salman Khan has been hoodwinking justice. The same Radio Sargam article says:
It (Right Indian: the black buck case) was one of the four cases filed against the actor for poaching endangered animals.
The next hearing in another Ghoda farmhouse (Jodhpur district) poaching case would take place on February 27 in the Chief Judicial Magistrate’s court here during which the defence council would argue. The third case of chinkara poaching under the Wildlife Protection Act and Arms Act is pending with the District Munsif and Judicial Magistrate court for which the next hearing is slated for February 20, according to the public prosecutor.
Meanwhile, Ravindra Patil, an eyewitness in the hit-and-run case (another one involving Salman Khan) failed to turn up on Thursday in the trial court, Mumbai, which deferred the matter to March two for further hearing. The court has taken a serious view of the absence of the witness and warned him to appear at the next hearing. In this case Salman Khan is charged with killing a person and injuring four by ramming his car into a bakery in suburban Bandra on September 28, 2002.
Three-and-half years after killing a human, Salman Khan lives a normal life, being free to go anywhere and enjoy life however he chooses. And then, he gets to escape trial because one eyewitness did not turn up! Incidentally, the only eye witness in the black buck poaching case, the driver of the vehicle used in the hunt, has been absconding for over two years. What are the chances of the witness in the hit-and-run case heeding the court’s “serious view” and turning up?
Jessica Lal, publicly shot and murdered in a crowded restaurant, at point-blank range! (Click on the pic to view in bigger size).
Meanwhile, hostile witnesses enabled the nine accused in the famous Jessica Lal murder case of April 1999, to go scot-free. The Times of India reports about Justice on Trial:
The acquittal of all the nine accused in the Jessica Lal murder case is an extraordinary miscarriage of justice. If the police can’t nail a killer who shot his victim at point-blank range before several eyewitnesses, there is a serious need for a rethink on our investigative and judicial apparatus.
The case against the prime accused Manu Sharma, son of a Haryana minister for shooting Jessica on April 29, 1999 collapsed on three grounds.
First, three key eyewitnesses turned hostile;second, while the prosecution maintained that two bullets found at the murder site were fired from a single weapon, the state’s forensic agency said the bullets were fired from different weapons; and finally, the murder weapon was never recovered.
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The case is a telling comment on investigating skills of the police. By depending heavily on eyewitness accounts, the police failed to marshal other forensic evidence to back their case.
The mismatch between police claims and forensic evidence points to sheer inefficiency or tampering of evidence, both of which are serious lapses.
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Another reason for failure to prosecute is the inordinate delay between the crime and delivery of justice. The verdict in Jessica Lal’s case took nearly seven years.
The long gap means there is that much more scope to mess around with evidence and to exert pressure on eyewitnesses. The Jessica Lal case is an abortion of justice. If steps are not taken to remedy this situation, the nation’s police and courts will have little credibility.
Even without considering Jessica Lal’s murder case, do the “nation’s police and courts” have any credibility at all? Indira Jaising, “a distinguished Supreme Court lawyer”, frankly admits to the Indian legal system lacking credibility when she writes the following in Rediff.com guest column:
This was not a hit and run case, or a case where the killers were anonymous or unknown. This was not a riot situation where murders are committed by faceless people. This was murder at close range, in a crowded restaurant, where everyone knew everyone else.
One of the main problems of criminal trials — that is proving the identity of the accused — could not have been an issue at all. Indeed the accused were from among the rich and powerful elite of the country. And that is where the problems of the legal system begin.
A Supreme Court lawyer admits that “the rich and the powerful elite of the country” are a problem to the legal system! The rest of Indira Jaising’s column is equally damning of the police and the courts:
The acquittal illustrates all that ails the criminal justice system, not only for Jessica Lal but for many others. There can be no doubt that the police did not do a proper investigation. Not to recover the murder weapon is asking for trouble. Then, the forensic report does not support the theory that only one weapon was used.
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Our institutions have such low credibility that it is difficult to come to any conclusion if the reports are manipulated.
If they were not manipulated, and if indeed the shots were fired from two different weapons, then that is a huge failure of investigation for which the police must take full responsibility.
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But let us look at the more devastating aspects of the case — witnesses turning hostile. This is now the preferred method of seeking acquittals for the rich and the powerful. Turning hostile, basically means buying silence. Silence can be bought for many reasons, for a price, or for fear of reprisals.
When the accused are powerful, it could be a combination of both.
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But the question still remains — was there no other outcome possible? What ails the legal system, when times without number, it comes up with acquittals, especially when the accused are powerful?
Strangely enough, Jessica Lal’s sister hit the nail on the head when she said that there is too much reliance on eyewitness evidence in our system and not enough reliance on circumstantial evidence.
Methods of crime investigation have not improved; indeed there is no desire to investigate in a scientific manner. Witnesses will and do turn hostile. But investigations must proceed independently of eyewitnesses to draw conclusions based on a chain of circumstances that led only to one conclusion.
A very major question that begs an answer is why was Manu Sharma (Right Indian: the main person accused of shooting Jessica Lal, son of former Union minister Vinod Sharma) granted bail? This is what enables witnesses to turn hostile, the opportunity provided to the accused to access witnesses.
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There is no witness protection programme in the country. A law commission report gathers dust. Petitions files in the Supreme Court over the Gujarat killings asking for witness protection programmes also gather dust. There is a lethargy over the questions, a dangerous lethargy which will cause people to settle their scores outside court.
This is not just an imaginary scenario. It has happened in Nagpur, when women walked into a courtroom and killed a person accused of rape inside the courtroom out of anger, knowing that he would be let off, yet again, by the police and the courts.
Street justice seems to be the swiftest and most effective method. Imagine what you would do if you were Jessica Lal’s parent, sibling, lover or friend, and you had to see her killer and those who protected him walk away, just because they are rich and powerful!