Something About The Law

Nearly a year after 26/11, a New Yorker writes on the sense of anguish faced by Indians in bearing with the delays of the justice delivery system.

There are times when you feel that there is no justice in this world, and even with the courts and judiciary system in place and doing all they can to bring criminals to book, the ones who deserve to be punished end up escaping because of technicalities and loopholes in the law. Take the case of the lone surviving gunman of the Mumbai terror attacks – Mohammad Ajmal Kasab. Is it really fair to the victims of the attack and their families that this man, who was caught on camera killing people with a machine gun, who had been seen by witnesses going on a shooting spree inside the CST in Mumbai, is now housed comfortably in a jail where he is being fed and clothed and looked after well? Is it fair that the trial drags on and on and that it could be years before justice is actually served?

The whole case seems like a horrible parody being played out, a travesty of justice simply because the whole world has seen proof of his heinous crimes. Yes, perhaps India is country which is proud of its constitution and which believes in upholding the letter of the law no matter what the consequences. And so Kasab was provided with a lawyer at the state’s expense, and the case has been dragging on and on.

The terrorist confessed in a moment of weakness, but then, the prosecution refused to accept the confession and the defense claimed that it was not admissible in court as it was dragged out of Kasab under duress. Then there was the plea that he was a juvenile, but all records pointed to him being 21, an age where he could be tried as an adult. And with one such ridiculous charade after another being played out, the average Indian is left with a sense of disbelief and disgust that even criminals who commit murder on nationwide television are being provided with such long-drawn out trials.

Yes, the country is upholding its constitution which states that every citizen or alien is entitled to legal representation, unless it is at war with the nation that the alien belongs to. And since India and Pakistan are not at war, Kasab is entitled to a defense, no matter that he shot and killed innocent Indians in broad daylight and without mercy.

Even if the trial comes to an end any time soon, Kasab cannot be given the death penalty, since India being a signatory to the Geneva Convention, cannot execute a prisoner of war (if it is proved that Kasab was acting under the orders of the Pakistani high command). And where does that leave all the Indians who are baying for his blood after the massacre he was part of? I guess in the same boat that most New Yorkers are after 9/11 – in limbo because there is no sense of closure.

This guest post was contributed by Donna Mitchell, who regularly writes on Paralegal Schools . She welcomes your comments and questions at her email address: donna.mitchell@rediffmail.com

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