“Justice loses character if it becomes revenge” (with reference to Hyderabad Encounter)
The author of this blog is Himani Goyal, B.Com.L.L.B IIIrd Year, Banasthali Vidyapith (Newai, Jaipur, Rajasthan)
Is it really true, justice loses character if it becomes revenge?
According to me, Yes as the society has beliefs that somewhere there is
existence of justice and only because of this belief the existence of the
courts, parliament, Govt., legislative and executive bodies is possible. In
their beliefs of justice people knocked down the door of the courts and took
their disputed matters with the aim that the judgment will be provided on the
basis of justice, equity, and good conscience or on the basis of the principle of
natural justice. It’s only the result
that is a very huge amount the no. of cases is filed in the courts in which no.
of cases is pending from no. of years but people are still waiting for their
case no. only in the faith that on one day they will definitely get justice.
On the other hand, can you imagine a situation, justice loses character
if it becomes revenge then what will happen with the society, it will totally
destroy the social order. There will no harmony, peace in the society
everyone will have the feeling of revenge and the existence of the three
pillars i.e. legislative, judiciary, the executive will become meaningless. It may result to increase the no. of crimes as people will create a
mindset that even they had not done any offense then also they got punished so well
do not commit a crime. That revenge causes a negative impact on society.
The general thinking of the people that if they are cheated by someone
then the God in face of police, courts or judges, will punish the actual
offender but if the God i.e. police, courts, judges don’t follow the path of
justice then what will happen in society?
The same was happening in the Hyderabad. As you all will be well aware
about the Hyderabad gang rape and murder in Nov. 2019 of 26 years old doctor as
she was first raped by the four offenders and killed the doctor then burn her
body. That incident had recalled the horrors night of December16, 2012 (Nirbhaya
Kand) who makes everyone’s hair fall.
The all four suspected were arrested on the day after the doctor was
killed with the help of CCTV cameras and the victims mobile phone and also all
four confessed to having rape and murder on the basis of Cyberabad
Metropolitan Police.
The four
accused of rape and murder were taken into judicial custody for the period of
14 days in Cherlapally Central
Jail. On December 6, 2019, around 6.30p.m the
accused were killed in police encounters. According to the police, as part of the investigation, when the accused were taken to the crime scene for the
reconstruction of the incident then two of them snatched a gun from the police
and attacked the police than for their self-defense they have shot out all the
4 suspects and incidentally all the four were dead the same.
Thousands of the
people celebrated this moment that this act of the police provides a fast track
justice to the victim which has not been got Nirbhaya yet for 7 years and still
her parents are waiting for the death penalty of the offenders.
But really the
police action is right? Is it really provide justice to the victim, is this a
right way to punish or to give justice to society?
No. of questions
was raised in the mind in no. of people after this action of the police
officials. Is it right to punish a person whose crime has not been proved in
the court or before filing a charge sheet against the suspects? No. of people
favor or appreciate the action of the police but still the provisions in the
Indian Penal code, Constitution is available equally to all the individuals in
the society. So, why the police officials try to take law in your hands.
The acts of the
Telangana police were even criticized by the Home Minister, Mr. Amit Shah, and
stated that the govt. tries to modify the CrPC and the IPC for the fast track
justice.
As there is a doctrine of ultra vires which states that the act done beyond the powers are
punishable, In this case also the act of the police was ultra vires, the police
duty is to catch the offender and to make some inquiry but he has no right to
decide who is the culprit and who will be punished for their actions, according to
their own judgment. Police cannot be the judge. As it is the duty of the judge
to decide who the actual culprit is and at what extent the culprit will be
punished according to the act done by the offender.
The way of
punish by police officials was wrong as it violates the principle of natural
justice of the suspects as still to their encounter their crime has not been proved
then how can you gave the punishment to the person whose crime has not to be
proved and who has not been proved guilty, the punishment to the guiltless a person is an injustice to himself. The act of the police officials clearly shows
revenge but this is not the way to behave by the protector of the society. Its
duty to deal equally to all individuals, without any discrimination and exclusive
of the feeling of revenge.
Revenge is a personal feeling which may be generally expected from the victim family,
relatives or they are nearby, against the offender in their aggression and
angriness. But it will not be expected from the police officials because they
have dealt no. of brutal horrors even more than this act on a daily basis then how
can be supposed to them behave like this as without thinking and caring.
Conclusion:
This article is all
about, how justice loses character if it becomes revenge. The author is not
totally opposed to the action of the police officials as there are no. of
situations where the police officials had to take immediate action for the
safety of the society or in self-defense. But in the Telengana case, the
statements or the reasons of the police officials is not satisfactorily as for
self-defense. The police officials even had no. of other ways rather than to
kill they can shoot in the leg to stop them or protect to escape them. The action of
officials purely shows the feeling of revenge against the brutal act of
suspects.
But if the same
(revenge) by police officials will continue then it will destroy the whole administration
system and the people will lose faith in the law. And then the people try to become
their own judge. It results that people will neither follow nor obey the
law, nor will follow to anyone.
I only want to
say those police officials have to work for each and every individual without
the feeling of revenge and reprisal, with the aim of providing equity, justice, and a good conscience and without violating an individual’s rights.
Well we know
that Police is the actual hero who has given his whole life to something
bigger than oneself. And I heartedly salute to them!
At last, I
conclude the article with the words of CJI-
Chief Justice of
India Sharad Arvind Bobde states that:
“I don't think justice can ever be or ought to be instant. And justice
must never ever take the form of revenge. I believe justice loses its character
of justice if it becomes revenge”[1]
REFERENCES-
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