Hello Readers
Hope you all are doing well.
I busted a mirror and got seven years bad luck, but my lawyer
thinks he can get me five.
-Steven Wright
Before we start, want you to keep this word in mind “Clemency”
simply meaning mercy or leniency.
In this blog:
- The recent brutal gang rape and murder in Hyderabad India and its after math.
- The Rape accused in the 2015 Delhi Nirbhaya case commenting about Delhi pollution and his application for clemency to the honourable president of India.
A brutal rape and murder of a 26-year-old veterinary doctor in
the wee hours by four miscreants posing to help her when she was back where she
had parked her vehicle and noticed it had a flat tire.
This case is considered one of the brutal cases after the
infamous Nirbaya case in Delhi.
I could post the whole story, which is going on in the media,
but, everyone would have read and heard about it all over the media that is not
my intention.
The summary of what happened is, a lady late in her twenties was
on her way back home noticed her
vehicle Tyre was punctured and was lured by some lorry drivers who offered to
fix her vehicle eventually assaulting her sexually, murdered her and burnt
her!
What a sad state of affairs in India, are we in such a society
that we can’t protect the dignity and safety of our women! Whom we worship as
goddesses of different forms!
A famous Sanskrit quote:
"Yatra naryastu pujyante ramante tatra Devata,
yatraitaastu na pujyante sarvaastatrafalaah kriyaah "
This famous shloka from Manusmruthi which means: where
Women are honoured, divinity blossoms there, and where women are dishonoured,
all action no matter how noble remains unfruitful.
This was the culture our elders had thought us, but I don’t know
why everything contradictory is happening in India.
I sincerely do not believe by comparing the statistics of other
country and feeling happy that we are better off, we should think about setting
up an example not by comparing with others.
This incident took a different turn when police encountered the
accused just a week after during a normal crime reconstruction exercise, when
the accused tried to escape and also shoot at the police, in retaliation the
police exterminated them!
While the whole country has different opinions about this, at
one hand people saying it was a perfect thing what they have done, on the other
side people saying that judicial procedure should have taken place! So that the
accused could have their say.
Personally, if the people who were shot down were the real
perpetrators of the crime, then they deserve to die! There is an enquiry going
on the encounter hope the police come out clean.
2. The Delhi Nirbaya case: Clemency!
I was sipping my coffee one winter morning last week; I was
amazed to read that the accused Akshay Kumar was seeking clemency!
One of the four men convicted in the 2012 Nirbaya rape and
murder case has asked the Supreme Court to spare him the death penalty since
life in Delhi is by default getting “short” due to air and water pollution. No,
you read that right. This absurd argument finds a mention in a plea filed by
Akshay Singh Thakur requesting the Supreme Court to review his conviction in
the Nirbaya rape and murder case.
Akshay Singh Thakur -- the lone convict not to have filed a
review plea -- has filed a petition in the Supreme Court seeking a review of
his conviction in the Nirbaya rape and murder case. The petition brings up
points of law, argues that Akshay was incorrectly convicted and talks about
capital punishment which is abolished in various countries.
At one point, Akshay’s review petition inexplicably brings up
Delhi’s air quality. “... It is important to pertain here that Air Quality of
Delhi NCR ( National Captial region) and the metro city is burst and as a gas chamber... the water of
Delhi NCR and the metro city is also full of poison... Everyone is aware of
what is happening in Delhi NCR concerning water and air,” the petition says
before asking a simple question.
“Life is short too short, then why the death penalty?
[sic]"
Courtesy:
(https://www.indiatoday.in/india/story/nirbhaya-rape-murder-akshay-singh-thakur-supreme-court-review-delhi-air-water-pollution-1627071-2019-12-10)
Can you believe a rape accused who has lost all his legal means
to defend himself can talk like this!
Now about the clemency: We have a supreme court in India which
is considered the highest body of the judiciary, but the accused still has a
chance to apply to the president of India to grant him life imprisonment instead
of hanging till death!
The law in India: Articles 72 and 161 of the Constitution
Grant of pardon wipes off the guilt of accused and brings him to
the original position of innocence as if he had never committed the offence for
which he was charged. Under Indian law, the President of India and the
Governors of States have been given the power to grant pardons, reprieves,
respites or remissions of punishment or to suspend, remit or commute the
sentence. The law governing the grant of pardon is contained in Articles 72 and
161 of the Constitution.
(courtesy: https://www.lawteacher.net/free-law-essays/administrative-law/power-to-pardon-an-analysis-law-essays.php)
This law is there only for the innocent who are framed wrongly,
not for a convicted person who has committed such a brutal crime that humanity
can't even imagine.
I strongly feel there should be a constitutional amendment to be
made in this regard.
The provision should only be awarded for the accused who are actually
innocent. I urge the honourable president of India to reject the petition at
the earliest and order the accused to face the gallows.
The purpose of the law is
to protect its people, and people created the law; therefore, corrections
should be made when the law is not serving its purpose!
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| Courtesy: Google images |
We talk about law, evidence, forensic study, proving who is
guilty and the terms of the punishment, we should also think about the
poor souls who were cut short of their lives and were used as a material forgetting
all human values, and the pain they went through, all of their life ambitions
just smashed because of such thugs, is not unfair?
Please let me know your comments on this post.
Thanks a lot for your time.
Helios.
