Have you heard of Sir
William Blackstone – an eminent English Jurist, Judge and Tory politician of
the eighteenth century.
There are some who fear the society and would delay every
action of theirs thinking what others would think of thyself ! – India exhibits
itself to be a group of such people – it sought to ensure that the perpetrator
of the most heinous crime against the Nation was given all the benefits, and
arranged for defence who cited his age for leniency – after expending crores of
Rupees and excruciatingly slow and painful months, Justice at last seems to
have been delivered by the Highest Court – the Supreme Court of India – all after
the Govt spent from its coffers, the cost of keeping Ajmal Kasab alive through
interrogations, jail terms, sentences, appeals and counter appeals. Now the legal process has culminated as the Apex Court upheld
the death sentence.
Now there is some unnecessary debate on what the next step
should be – whether the culprit would file a mercy petition and how long it
would take for that to be decided and whether it has to follow the order of the
21 others waiting for decision. The first
question is – Why ? - Why should a mercy petition at all be
entertained ? It should be a route
whereby some who had committed a murder or crime in a fit of rage and who
otherwise deserve to be reviewed be allowed – should that route be made
available to all and if so, what is the purpose of Courts and Appeals and the
decisions by such bodies. Has there not
been enough evidence and is not the decision of final Appellate authority final
and binding……
Before Kasab, those waiting includes Balwant Singh Rajaona,
convicted for the murder of former Punjab ,
Rajiv Gandhi killers and Afzal Guru, the Parliament attacker. Afzal Guru was
ordered to be hanged on October 20, 2006, but his wife filed the mercy plea and
it has been in abeyance ever since. Rajiv
Gandhi’s gory murder occurred on 21st May 1991; the Supreme Court
affirmed their sentence; President Pratibha Patil rejected the clemency
petitions of Murugan, Santhan, Perarivalan - killers of Rajiv Gandhi whose
death sentences were confirmed by the Supreme Court in 2000. The Home Ministry had sent its opinion on
June 21, 2005 which was called back for review on February 23, 2011 and was
re-submitted to the President on March 8 this year. When will the President decide ?
Ahead of Thursday’s meeting between Prime Minister Manmohan
Singh and President Asif Ali Zardari, India today said it was sure that
Pakistan would not fail to take note of the Supreme Court verdict upholding the
death sentence of Ajmal Kasab, the lone surviving terrorist in the 26/11
attacks. Asserting that the issue of
terrorism was of concern to the international community, External Affairs
Minister SM Krishna said the entire gamut of bilateral ties will be discussed
during the Indo-Pak talks, implying that terror will be the prime focus during
the parleys. Asserting that India has
provided enough evidence to show involvement of not only non-state actors but
also of official hierarchy in 26/11 attacks, government sources said Singh will
raise the issue of terrorism, which is of prime concern to the country, with
Zardari, who is arriving in Tehran on Thursday to participate in the 16th NAM
summit.
In a departure from the earlier high pitch, External
affairs minister S.M. Krishna, who is also in Tehran to attend the summit, told
journalists that while the issue of hate mails had led to a lot of commotion,
it would be raised at an 'appropriate level'. Sources in the MEA said the home
ministry was yet to share evidence or 'even a single page' with them.
Now after making wild assertions and trying to exhibit the
foreign hand behind the internal trouble, the PMO and MEA are trying to soften up
as a prelude to a possible visit by Manmohan to the neighbouring country. While one Ministry accused Pakistan , the
Home Secretary is giving a clan chit to the Pak and its agencies – claiming that
they never spoke of them as behind posting the morphed pictures… Home minister
Sushil Kumar Shinde was also at a loss of words to explain the developments,
only saying that there is 'some evidence' which will be shared with Pakistan at an
appropriate time. The Govt falters on
every count and puts the Nation to shame…..
Sure you have heard this in many Court scenes in movies –
that ‘criminals can be allowed to escape – but not a single innocent person
should be punished’. In criminal law,
Blackstone's formulation is the principle: "better that ten guilty persons
escape than that one innocent suffer", expressed by the English jurist
William Blackstone in his Commentaries on the Laws of England, published in the
1760s.
With regards – S. Sampathkumar .