Lawfully yours: By Retired Justice K Chandru | Success of judicial system depends much upon character of the judge

Success of judicial system depends much upon character of the judge

A recent Supreme Court order validating the rights of a crime victim’s kin to appeal an acquittal order seems refreshing – it stated that they no longer need to wait for the prosecution to file an appeal in their quest for justice. However, it’s a small solace in a long history of denied justice. The accused of the 1968 Kilvenmani massacre walked free, as the judiciary notoriously remarked that ‘rich men don’t do such acts’. In the recent verdict of the Malegaon blast, the court acquitted all the accused in the case, but the fact that six people died in the incident remains. Why does the Indian judiciary just look at the facts presented before it and not go deep into punishing those guilty of committing a crime? Why not the Indian judiciary follow the inquisitorial justice system of the French?

-- C Rajamani, Anna Nagar, Chennai

Everyone is aggrieved about the judgment in the Kilvenmani mass murder case in which the accused were let off by giving them the benefit of doubt. For a detailed analysis of the judgement, read my book ‘Kilvenmani and Judicial Apathy’. However, that cannot be a reason to switch over to the French system of ‘inquisitorial inquiry’ in criminal matters. The success of the system depends much upon the character of a judge. In our country, we are yet to produce a fool-proof system to produce judges of such calibre. Further, our Constitution gives protection to all the accused to remain silent, and it is for the prosecution to prove the guilt beyond a reasonable doubt. As it is, you know how much criticism about the innocents being punished in the present system.

One cannot sacrifice the interests of minors unless property is self-earned

In the partition of properties among brothers, how does the court call the legal heirs of one brother from the US for enquiry? Is it valid if the Power of Attorney of the legal heirs of one brother gives release deeds to ancestral properties, without any signatures of the legal heirs in the document?

— Vijaya

In matters of release deeds, the rights of the legal heirs are well protected. One cannot, in the matter of giving ‘Viduthalai Pathiram’, sacrifice the interests of the minors unless the property is self-earned. Further, those who were deprived can bring action against such a sale, and if they are minors, they may do so as soon as they attain majority.