Where is the sense of proportion or sense in all this? - Page 17

Originally posted by: -Cruiser-

Its a very long discussion and we would digress.

Last August I visited Delhi and was having a discussion with my uncle who happens to be a top legal luminary in Indian legal circles. He revealed that in Arushi Talwar murder case, actually there are SO MANY holes in the prosecution story that any higher court / Supreme Court would have no option but to acquit the Talwars, (whether they committed the crime or not is immaterial...). His emphatic verdict-The lower court Judge caved in to Media Pressure and delivered the life sentence on Talwars.

If you followed the case you would know. UP Cops botched up the whole case with extremely shoddy investigation. After many months, once their Lie detector tests and all attempts to nail other domestic helps who they were trying to frame for the double murder blew up in their face, they raised their hands in helplessness.

Case was given to CBI. After more than an year of trying all angles CBI actually submitted in writing that they do not have conclusive evidence to pinpoint WHO DID IT and the case may please be treated as closed.

At this point Media created a stink, PILs were filed and Supreme Court SPANKED CBI and directed them to once again investigate!

Reluctant CBI, appeared like a fat goat being dragged for a Bakr-Id slaughter but had no option. In the end they made up a case that lawyers like Jethmalani or Majid Memon would blow away in 2 hearings...but, it doesn't work at lower courts that way! 😊

And the lower court judge awarded life sentence to the parents amidst media frenzy and cacophony of KYA ARUSHI KO AAJ INSAAF MILEGA?

Mind you...I am not saying Talwars are innocent. I hope I made myself clear enough to make that distinction.

Just wait a few months and you would see for yourself, Talwars would get acquitted by High Court.

Once again there would be a huge noise in Media, CBI would file the case in Supreme Court and there too, verdict would be same. 'Acquittal because of inconclusive evidence'!

If you wish to delve deeper into hole ridden case of CBI, which still has managed to elicit a Life Sentence from lower court, you can check out TEHELKA's painstaking work on this case.😊

The judgment is not always delivered under media pressure. But sometimes it happens as has happened in Arushi's case. In some of the judgments it is not the media pressure, it is the personal view of the Judge that counts (Some people in power have the dirty habit of imposing their personal views on others. Actress Khushboo was asked by the judge whether she was a psychologist to talk about pre-marital sex.She was told to consider the country's culture before talking about such things. The judge completely forgot freedom of expression).

The Supreme Court tells the LGBT community that they are not entitled to fundamental rights because they are a minuscule minority. This is from the apex court of the country? Take for instance a place like Mumbai where there are so many minority groups, including different groups of Brahmins, Parsis, Khojas and different sects of Bohras. Can we tell them they are not entitled to fundamental rights because they are a minority?

The main challenge to the law from Article 21 (which guarantees right to life and personal liberty) protecting intimate sexual relations between consenting adults in private from intrusion from state legislation has not been considered by the Supreme Court at all. The court has also overlooked the challenge from Articles 14 and 15 of the Constitution which guarantees equality and prohibits discrimination on grounds of religion, race, caste, sex or place of birth.

So my view is, sometimes it is the media pressure(as happened in Aarushi's case), sometimes it is the personal view(as happened in the Sec 377 issue) and sometimes it is the money and the muscle power(plays important role at the investigation level). All these aspects come into play before the culprit is punished.

Originally posted by: ManjuBlore

The judgment is not always delivered under media pressure. But sometimes it happens as has happened in Arushi's case. In some of the judgments it is not the media pressure, it is the personal view of the Judge that counts (Some people in power have the dirty habit of imposing their personal views on others. Actress Khushboo was asked by the judge whether she was a psychologist to talk about pre-marital sex.She was told to consider the country's culture before talking about such things. The judge completely forgot freedom of expression).

The Supreme Court tells the LGBT community that they are not entitled to fundamental rights because they are a minuscule minority. This is from the apex court of the country? Take for instance a place like Mumbai where there are so many minority groups, including different groups of Brahmins, Parsis, Khojas and different sects of Bohras. Can we tell them they are not entitled to fundamental rights because they are a minority?

The main challenge to the law from Article 21 (which guarantees right to life and personal liberty) protecting intimate sexual relations between consenting adults in private from intrusion from state legislation has not been considered by the Supreme Court at all. The court has also overlooked the challenge from Articles 14 and 15 of the Constitution which guarantees equality and prohibits discrimination on grounds of religion, race, caste, sex or place of birth.

So my view is, sometimes it is the media pressure(as happened in Aarushi's case), sometimes it is the personal view(as happened in the Sec 377 issue) and sometimes it is the money and the muscle power(plays important role at the investigation level). All these aspects come into play before the culprit is punished.