She's blind and there's a damn good reason for it !
A defense for arrested terrorist Mohammed Ajmal Kasab is the new controversy. Why the Shiv Sena (and all its offshoots) chooses time and again to pick up the wrong causes and go ahead and fight for them in the most objectionable ways is beyond me to answer. That they do is once again plain for all to see.
Mobs have threatened, attacked and staged less than peaceful protests against a Lawyer who agreed to defend Kasab. Many lawyers have refused and associations have taken decisions not to defend him.
It would not take an in depth knowledge of the law for us to know that every accused has a right to his or her defense. Equally every lawyer has a right, I understand, to choose not to take up a case offered to him for whatever personal reasons he feels bound by. A defendant (or maybe I should stick for now with the word ’accused’ ) can either defend himself, appoint a lawyer, failing which the state MUST by law provide him with a lawyer. This is the law in letter, which we must follow. But there is also a spirit, however hard it may be at this point for us to see.
It is hard for any of us right now to imagine a credible defense for Kasab, but the issue here is not of any individual or the extent or nature of their crime but of the liberty and justice which our judicial system is based on. It would in fact be a person who believes in justice and fairness above all else who would fight for this man’s right to get the best defense he possibly can. It was the right of Nathu Ram Godse, the right of the accused in the Jessica Lal case, and now Kasab’s right.
Let us put aside, for a second the letter of law, which unarguably insists on a defense for Kasab. I want us to understand that we need this in spirit as we do in letter.
What if he were tried, convicted, and punished without a defense? Would that makes us proud as a country? As a people proud of our democracy, of our fundamental rights and of our justice system it would be shameful, no less. It would be a farce of a case. We would have sinned in punishing a defenseless man. A man, who like all other men, however heinous the crime or certain the guilt, is innocent until proven guilty. And we cannot have proven a man guilty who has not had the chance to defend himself.
It is sad that political parties continually put themselves behind such pointless issues. It is bad enough that people like us often thoughtlessly agree with them. I heard it during the Jessica Lal case, and I hear it now.
Such sentiments do us the disservice of giving people a chance to point a finger at us for assuming someone’s guilt unfairly. They deny us- the people, the right to punish the guilty after a fair trial and to proudly claim that justice has been done.
There was an sms doing the rounds during and after the Mumbai attacks asking where the Sena was now and what it was doing. Well here they are now, and this is what they are doing.
"I do not agree with a word you say, but I will fight to the death for your right to say it"
- Voltaire
Mobs have threatened, attacked and staged less than peaceful protests against a Lawyer who agreed to defend Kasab. Many lawyers have refused and associations have taken decisions not to defend him.
It would not take an in depth knowledge of the law for us to know that every accused has a right to his or her defense. Equally every lawyer has a right, I understand, to choose not to take up a case offered to him for whatever personal reasons he feels bound by. A defendant (or maybe I should stick for now with the word ’accused’ ) can either defend himself, appoint a lawyer, failing which the state MUST by law provide him with a lawyer. This is the law in letter, which we must follow. But there is also a spirit, however hard it may be at this point for us to see.
It is hard for any of us right now to imagine a credible defense for Kasab, but the issue here is not of any individual or the extent or nature of their crime but of the liberty and justice which our judicial system is based on. It would in fact be a person who believes in justice and fairness above all else who would fight for this man’s right to get the best defense he possibly can. It was the right of Nathu Ram Godse, the right of the accused in the Jessica Lal case, and now Kasab’s right.
Let us put aside, for a second the letter of law, which unarguably insists on a defense for Kasab. I want us to understand that we need this in spirit as we do in letter.
What if he were tried, convicted, and punished without a defense? Would that makes us proud as a country? As a people proud of our democracy, of our fundamental rights and of our justice system it would be shameful, no less. It would be a farce of a case. We would have sinned in punishing a defenseless man. A man, who like all other men, however heinous the crime or certain the guilt, is innocent until proven guilty. And we cannot have proven a man guilty who has not had the chance to defend himself.
It is sad that political parties continually put themselves behind such pointless issues. It is bad enough that people like us often thoughtlessly agree with them. I heard it during the Jessica Lal case, and I hear it now.
Such sentiments do us the disservice of giving people a chance to point a finger at us for assuming someone’s guilt unfairly. They deny us- the people, the right to punish the guilty after a fair trial and to proudly claim that justice has been done.
There was an sms doing the rounds during and after the Mumbai attacks asking where the Sena was now and what it was doing. Well here they are now, and this is what they are doing.
"I do not agree with a word you say, but I will fight to the death for your right to say it"
- Voltaire
posted by inconsequential at 5:48 am
2 Comments:
Touché. We will be a mighty proud nation when we see that the fellow is brought to book through the lawful, democratic process of arguing his defense out. No fingers raised, no noise and not a leg for anyone to stand on.
And the Shiv Sainiks should never be discussed. They are a bunch of nincompoops and should be left to their own. Where were their ideals when Bombay was burning? Just, don't discuss them.
you know and i ve been thinking about it ... what these shiv sainiks need is a doze of their own medicine. there has to be some sort of guerilla tactics which can be used. if only all the people who are truly pissed with them and likes of them come together. i am sure that would be a huge number.
As for kasab s case, it is sad but unavoidable . but once you kill this vermin you iron out the rest of ills.
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