Legal Service India.com  
law articles

law ArticlesYou're Lordship: Control Your Emotions

click here for LIVE help-desk
Chat with us  (2 PM - 9 PM IST)


Vikas Garg - 5th Year, B.A LL.B (Hons.), Institute Of Law, Kurukshetra University

  Search On:Laws in IndiaLawyers Search

Though I know he is the man who committed the crime, I acquit him, giving him benefit of doubt.

This emotional statement was made by Session Judge, G.P Thareja, while acquitting the accused by giving benefit of doubt to him in Priyadarshini Matto case.

People raised hue and cry over this statement and quoted it as an only case in history, where judge give such kind of statement. But history repeats itself, as P.D Kode, Judge of Special Court for trial of 1993 Mumbai blasts case. Mr. Kode stated: I have concluded that I will give them (some members of the Menon family) the benefit of doubt. It is not a clean acquitted but short of being guilty.

As in this case on 12th September 2006, Mr. Kode, Judge of Special Court, convicted four of the eight members of the Menon family in 1993 Mumbai blasts, while doing so Mr. Kode failed to exercise the restraint, broke out with emotions and came out with new concept of acquittal short of guilty.

It is not favourable for justice to express such kind of expressions. Gentlemen of long robe might know that justice means enforcement of law. It is incumbent on judges to adjudicate in pursuant of law and evidence. Mere hunches, however strong it may be, are no effective substitute of legal proof.

Mr. Kode and Mr.Thareja might be in pursuant of this principle acquitted the accused but they made a mistake of delivering emotions and hunches collaterally with law. Hunches and evidence can't go together. There are only two options in law guilty or not guilty, then from where this new concept of acquittal short of guilty was imported. If cases are to be decided on emotions then what would be need of law and rule of evidence

No doubt they disposed of cases in pursuant to law but inserted otiose comments. When cases were decided in pursuant of law, then what was the need to make the decision spicy by giving unwanted philosophy

No person of legal fraternity can deny the fact that it is wrong on part of judges to make such kind of comments. This wrong might be meager in eyes of many but its impact is highly dangerous, because it casts wrong impression on society owing to fact that everybody is not acquainted with gobble-de-gook of law. A person of legal brethren might apprehend their emotions but laymen conceive it as injustice. We have burning instance of Priyadarshini Matto case only how social activists highlighted it as injustice and dishonesty on part of judiciary and took matter into streets with placards depicting the statement of Mr.Thareja. Such demonstrations, with placards depicting the statement of Mr. Thareja, Though I know he is the man who committed the crime, I acquit him, giving him benefit of doubt?, lowered down the confidence and trust of people in Justice and Judicial System as well. For laymen it might also be contradictory decision. This kind of utterances is also against the judicial principle:

Justice should not only be done, but should also manifestly appear to have been done.

Dr. Justice A R. Lakshmanan Judge, Supreme Court of India opined:
Unnecessary and unwarranted utterances are bound to embarrass not only others, but the Judge himself... (See page no.32 of Lawz, July 2006)

The seat of Judge is seat of god. Besides powers and discretion it holds responsibilities and duties. Judges are also bound by law and they should not impart their emotions and otiose comments. So, it is honorably prayed you're lordship:

Control Your Emotions

lawyers More Articles:
A Woman Can't Rape Woman
Same Sex Relationship
Redefining the Rape Laws in India

Divorce Advice - Legal Advice

Ask Our legal Experts, on issues related to Divorce Click Here

Find A lawyer: Delhi - Kolkata - Mumbai - Chennai - Bangalore - Hyderabad - Allahabad - Pune - Ahmedabad - Nagpur -
Cochin
- Chandigarh - Gurgaon - Jaipur - Ludhiana

Authors contact info - articles The  author can be reached at:  vikaslegalindia@legalserviceindia.com / Law Print This Article

Legal Service India

Arbitration
Cyber Law
Copyright
Protect your website
Trademarks
Passport
Income-Tax
Contract laws
Criminal laws
Lok Adalat, legal Aid & PIL
Supreme Court Judgments
Legal Latin maxims
Famous Trials

Download law Forms
Famous - Quotes
Medico Legal
Divorce law
Family law
Patent Forms
Wills
law ibrary
Law Articles
Legal Resources
Cheque bounce laws
Law Blog
legal Discussion Forum
Osama Bin Laden
Stamp Duty Calculator
Link-Exchange
Bare - Acts
Constitutional Law
Immigration Law

Company Law
Partnership firms
Woman issues
Consumer laws
Cause Lists
High Courts in India
legal Profession
Law Forum
Web-Search
Blogs

Ad page
Sitemap

RSS Feed

Lawyers in India - Search by City

legal Service India

lawyers in Delhi - New Delhi
lawyers in Chennai
lawyers in Chandigarh
lawyers in Surat
lawyers in Nashik
lawyers in Janjgir
lawyers in Indore
lawyers in Allahabad
lawyers in Agra
lawyers in Ahmedabad
lawyers in Jodhpur
Lawyers in Noida & Gr Noida
Lawyers in New York
Lawyers India

lawyers in Kolkata
lawyers in Mumbai
lawyers in Bangalore
lawyers in Pune
lawyers in Hyderabad
lawyers in Rajkot
lawyers in Nagpur
lawyers in Pondicherry
lawyers in Jaipur
lawyers in Cochin
lawyers in Lucknow
International Courts
Law Colleges
Law Debates

Home | About Us | Privacy | Terms of use | F A Q | Divorce by mutual consent | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2013
ISBN No: 978-93-82417-01-9