The law in the eyes of the beholder

We are happy when the Supreme Court pulls up the government for going slow on their investigations into crimes. We are happy when they speak eloquently on the morals of injustice heaped by the government on the people.

Occasionally we smirk at the long delay in dispensation of justice, and shrug our shoulders when informed that our Courts are over burdened with work and with shortage of Judges.

But have we ever heard of any case where any Judge has been asked to explain his delay in justice? Have we ever heard of anybody questioning any Judge for miscarriage of justice? Have heard of any suo moto cognizance of such cases as PILs?

On August 5, 2010, the Delhi police arrested a 18 year old boy on charges of theft of Rs.200. The boy denied the charge; the police refused to believe him and registered a FIR against him charging him under section 379 for theft and 411 for dishonestly keeping stolen property.

If convicted, the maximum punishment for this offence was three months imprisonment. He was lodged in Tihar jail after denying him bail because of the “seriousness” of his crime.

Six months later, lawyers of a Human Rights organization came to know of his case and pleaded the case on his behalf. The Court granted him bail on the condition that he could show a collateral against the Rs.10,000 bail bond.

As he couldn’t, he was forced to remain in judicial custody. Finally, almost one year later, his lawyers advised him to plead guilty, which he did, inspite of having not committed the crime.

As he had spent almost 12 months in jail, he had completed more time than the maximum punishment of three months, and he was let free.

The tragedy of the whole exercise, that a person who was not guilty has been punished for a crime he did not commit. Also he has undergone imprisonment for a duration that is equivalent to a punishment for a more heinous crime.

By not allowing him to go free after three months imprisonment, the Courts have committed a grave crime of curbing the freedom granted by the Constitution of India for a period of almost nine months.

So are our Honourable Courts going to take suo moto cognizance of this crime and punish the errant Judge?