17

Oct

Justice denied is worse than Justice derailed Notorious Nithari case of Noida

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New Delhi, 16 October 2023

However Vijay Jolly a lawyer and prominent BJP leader has his own take on this issue.

Amitabh Srivastava

The notorious Nithari case of 2006 has once come to haunt the residents of Noida after the Allahabad High Court commuted the death sentence on Pandher, the owner of Kothi number 5 and his servant Koli.

Journalists who covered the event of those ghastly days are as puzzled as the parents of the missing children whose mangled bodies and bones were found buried in the Kothi and the drain outside the house.

As reports piled in of girls gone missing the anger of the people was first directed against the Noida police which refused to file FIRs of the mothers mostly from the lower middle class who were turned away by the local SHO.

Like the typical police officer, they had told the first mother who complained about her missing daughter,"Bhag gayee hogi apne Yaar Ke Saath," instead of lodging a report.

But since the UP Chief Minister at that time was Mayawati she dismissed the topmost police officials to tell them that they must be more sensitive on issues that had become a national obsession.

Later the CBI took over the case and through its press releases it managed to paint very gory picture of rapes, organ trade and even cannibalism against Koli because he was living in that house all alone.

Pandher was later involved as co accused because the agency argued such a huge crime could not be committed without his connivance.

Till Monday the parents of the children were hoping that they would at last get justice because both had been given death penalty even though their lawyers had been challenging the CBI decisions at every level.

And now the Allahabad High Court aquits both of them and commutes the death sentence saying that investigations did not prove anything.

Where does that leave us?

This is not the first time that Courts have questioned the investigation process of the police. Only a few months back the Supreme Court had let the accused in a gang rape case of Delhi free for lack of evidence.

In the famous Ankita case the accused had even been awarded death penalty by the Delhi High Court. But the Supreme Court clearly stated that public perception is one thing and proving a case through proper evidence is totally another.

We are still grappling with the who-dun-it of the Arushi case of Noida that had shaken the country where a 15 year old girl had been found killed along with the servant of the House, the only outsider in that household.

The parents of Arushi also spent many years in jail as the jury was always divided.

They spent a lot of time in jail as well and a movie was also made on the story written by Meghna Gulzar. But the film also did not offer any clear verdict became the producers did not want to get entangled with the legal issues in the case.

Practicing lawyers say these are only some cases which have been high-lighted in the media. There are thousands of such cases where even the lawyers have given up any hope for justice.

Manoram a lawyer practicing in Delhi High Court says," Sad to admit but there is no justice in the judicial system we have at present. Several of my clients are tired of appearing again and again and they tell us that they will pay our fees but would not be able to attend the court proceedings so frequently."

However Vijay Jolly a lawyer and prominent BJP leader has his own take on this issue.

Talking to Media Map he says,"I will not call it either justice denied or justice derailed.

The courts go by evidence before them which have to be scientific, systematic and above board. Whoever the courts feel these faulty they will over-rule any such judgements.

He further adds,"In many cases there is so much media pressure like in the Arushi case that initially the courts also went along the popular line but subsequently they came to different conclusions."

What he did not mention is that many times there is also political pressure on the police.

The recent example are the arrests made in the North Delhi riots of 2020.

Most of those arrested in those cases have not been freed by the Delhi High Court but after every such judgment the Judges have given a terrible tongue lashing to the Delhi Police for their shoddy investigation.

But people have to wait and wait wait.

Is there an option?

 

 

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