Wednesday, May 11, 2011

Legally correct - INDIA

The most legally correct country in the world ! Yes you got it right the first time, INDIA !! Surprised ? don't be, here's how :

Lets take the case of Kasab & Osama Bin Laden.

In full sight of Mumbai, Kasab and his gang killed 166 and injured 304 people in a 62 hour reign of terror. Despite having recordings on video footage, and ample eye witnesses, India overcame its collective rage, and followed the tenet ' innocent till proven guilty' and proceeded to give him a trial. The trial was not a kangaroo court, determined to give him a death sentence - he was afforded a lawyer by the state, his trial consisted of a 5000 page well documented charge sheet, 3192 pages of evidence, and the statements of 658 witnesses. The trial couldn't have been more fair and transparent, the Indian government being at pains to be Ceaser's wife, above suspicion. Having been pronounced guilty and handed the death sentence, the order was stayed and given the right to appeal in the High Court.

In contrast is the case of Osama Bin Laden in the US. Having perpetuated crimes against America, OBL was given a life sentence by an American court ( I don't remember where/when, since it was so low profile). The Americans had decided he was guilty, ( which he was) and handed him the sentence without much ado.They then began their hunt in true bounty hunter style, and finally 'smoked him out' in Abbottabad. Nothing wrong with that, OBL was as guilt as hell for all that he had been charged for, found him and executed him 'dead or alive' taking no chances, more dead, rather than alive.

Now we come to the analogy -  Kasab vs OBL, both terrorists, both committed horrific crimes, one got arrested, and the other hid in Pakistan. Whilst India proceeded with utmost restraint, and did the judicial correct thing, the US couldn't wait to blow OBL apart, although he was vulnerable, with his wife, and in the dead of night - to my mind an act of cowardice.

With all of what we  understand, India seems to have emerged as the winner in a mature legal system, which we may often lament for its slow pace and irritating dependence on 'evidence' when facts seem plain enough, whilst the US legal system has shown a bias to pre knowledge to the case in hand.

1 comment:

Bhatsing said...

We don't have a legal system it is more of a legal muddle/mess. How is it that in India a person who has killed so many human beings is allowed to appeal and that too when he is not the citizen of this country. A mercy appeal? Having wimps as "leaders" of this country Kasab will surely get a lifelong holiday in our prisons paid for by the people of India just waiting for the appeal to reach the "leaders". The only mercy appeal he should get is like the one Osama got and get it soon.