The hearing of criminal appeal was going on.
What was being read from records, was making everyone sitting in courtroom sad.
It appeared that when a criminal trial was going on, when it came for turn of defence counsel to cross examine witnesses, he just stood up and walked away from trial courtroom.
The trial judge had no option but to go on with the case. Ultimately, accused was convicted and sent to jail. His appal was also dismissed by High Court.
Now his appeal was being heard in Supreme Court.
The Judges were extra cautious. Since accused's counsel in trial court had not cross examined witnesses, burden fell on judges to see that the accused is not convicted on basis of any false statement of any witness.
The judges were pained to read about conduct of defence counsel in trial court.
And then one judge suddenly said,"Everyone accuses judiciary for delay in Justice. Judges cannot give reply in public. No one, including media, discusses role of Bar in abstaining from hearing in trial court."
A senior advocate, who was a retired Judge of a High Court, added, that now situation has gone worse. Sometimes entire Bar goes on strike when any member of bar is facing any criminal trial.
For a minute or so, entire court room went into silence.
Everyone was pondering over the issue. But no one knew what to say.
The issue was painful and sad.
A minute later, the judges resumed hearing of appeal without being prejudiced by what may have happened in trial court.
.......
My view: There are problems in trial court. The atmosphere there is very hot. Sometimes, even before the case starts, Judge makes it known to parties that he is going to convict. The counsel for defence does not see any fair chance of defending his client or presenting case of his client properly. Then possibly, such things may be happening. Or perhaps, there may be other serious problems. Some supervisory body to look into such cases is missing.
Restraint of media is understandable. If anyone publishes anything which is derogatory of bar, the next day they may receive a notice from Bar demanding an apology.. ! These are troubled waters.
Haresh Raichura
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