Saturday, November 30, 2013

The Recent Judgment!

A Judge is a person {either male or female} who offered to pick the best out of many assorted objects {either living or non-living} of various interests Groups having different properties or qualifications often connected with self interest {either close or distant} with eye fully closed for not taking a side towards any as an object or as a personality for whatever reason. He or she must not form his or her ‘Opinion’ by going through the content of the presentation but absorbed the content by hearing the debate on the Subject matter for deciding the same or the outcome of the debate. Hence the Goddess Justice is shown holding the balance in exact equilibrium with eye fully closed. Hence all 'Court sittings' are called 'Court Hearing' and not otherwise to dim its meaning anyway. To pronounce a punishment against any or freeing any from framing Charges is an added qualification provided to a Judge by a State or a Country or a Nation, is based on the said character that is expected to be behold by such a personality; we called as ‘Judge'. Therefore any knowledgeable can hold the position of a 'Judge'. Accordingly, Birbal, the aide of Great Emperor Akbar was a much greater Judge than the Institution of the Court of Law which was under force within the Kingdom. The Profession of a Lawyer bears a much different definition altogether.        

Justice delayed is Justice denied. Therefore, it is abundantly clear that we have denied Justice to the Couple {Talwars} reasonless. While at one hand we proved that one of the convicts was fully drunk to do any action without knowledge{either before or after the murder}, on the other hand we presumed that he had carried out a most perfect murder of their daughter by cutting the Throat of her using a Doctor’s knife with much of a precision. While in the first example the convict became an object of attack by any to put him to death as ease, the second require a perfect mind& health by the convict to kill his own daughter. On satisfying on the fact that both situations are standing poles apart and that these two extreme situations as cited can never meet each other under any circumstances to arrive at a logical conclusion; we are just making a humble attempt to describe the closure Report.

Prior to discussing the issue, we to like to cite the life of great Saint (Judge) who secured a place above the Heaven through offering his best to the humanity but fell to hell of the hell for saying or divulging the truth of hiding of an innocent within his House when he was chased by a group of Policemen with an intention of killing him at the spot; presuming him as a wrong doer of many unlawful acts which he never carried out but had to face death being caught  hiding within the premise as told.   

What is a closure report? As and when an Investigating Agency unable to make any headway for lack of evidence to charge any for whatever reason {which is happening limitlessly all across the Globe every moment of  which some are reported, the others are not, to know the degree of cruelty inflicted}; it is called a Closure Report. Unless and until any challenges the Report; a Judge can never form his or her own opinion on the Subject being prosecutor and Judge are two different terms with vastly different duties, if not exactly opposite.

As and when the closer report is challenged by any, it is the duty of the Judge to find the reason of his or her objection of doing so by the Investigating Agency and pronounce whether or not demand so filed by the petitioner is genuine and also to determine whether or not to close the Case at that stage on the strength of the demand made without adding or deleting any extras, either from the petitioner or from the Judge concerned. When any Party overlooked the rule that govern a Closure Report; its sanctity is lost forever. However, if the Judge finds any material evidence to favour the petitioner, a Judge can either order a fresh probe or order a modification of the closure Report as demanded by the petitioner. There can never be any hearing of the current Case to punish any otherwise which is much against all natural Justices; as available within the creation which automatically cover the entire us. Even if the fresh Probe is a ditto of the first, the procedure is mandatory to proceed with the matter to conduct or to resume the Inquiry which was already closed. We find this ‘required action’ is utterly absent or ignored by us to make the sentencing of the couple null & void.

Since we saw many alteration happening and the petitioner put to death each day through inflict of intense mental Agony; another death sentence would have enable the petitioner to challenge the verdict most at ease at a higher Court to get a relief from such mistakes of us as soon as possible. 

If we go deep into the matter; it is the petitioner who is the gainer of the verdict even though deprived of an instant hearing at a higher Court being able to approach it now to clear the charges framed against them based only upon circumstantial evidences as such Cases often take ages to come into any conclusion that have enough of clarity to prove such or similar Cases without leaving a gap to raise a doubt in one’s mind. Therefore, it looked as if we are trying our best to derive a new definition of ‘Injustice’ by giving a legal status to call it as ‘Justice. By saying so, we are criticizing ourselves only for not making us aware of the basic knowledge that governs the Universe. Let us stop laughing at the relationship that exists between the Parent and their child; more especially between a Mother and her daughter to derive pleasure to oneself out of the action so cited. We in-fact ignited a big issue to engulf us everywhere.

{NOTE: Through the write-up, we are not intending to hurt or questioning the Authority of various Investigating Agencies involved including that of the Judge in the matter which cannot proceed with the matter unless the convicts provide a clue or a lead to them; even when there were no destruction of evidences. But we must too consider the fact that one of the convict was deep asleep that night and other was fully drunk to loss himself fully to remember nothing what was happening around him irrespective of whether or not he was present nearer to the Crime scene and hence repeated Narco tests yield nothing substantial even though answered appropriate .Accordingly the couple contested the Closure Report wherein it is mentioned that the convicts were the main accuse which is a presumption only and not a fact. The verdict no doubt uphold the value of the Investigating Agencies but at what cost to us?} 


With High Regards,

(Dr.M.M.HAZARIKA, PhD)                                                                                
     A name retained by UN; Opinion Leader ‘TIME’                   
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