Till 1960, there was jury system in India. Prominent and educated citizens were called in court to perform jury duty.
Members of Jury used to decide by vote, whether a man is guilty or not guilty. If they say "guilty", then, the Judge used to prescribe sentence. The power of judge was limited to guiding judiciary and for prescribing sentence.
This practice is good and valid even today in many countries of world. In this way, people participate in justice system.
All worked well in India upto 1960.
Then one day a tragedy happened in Mumbai.
A navy officer suddenly came home unexpectedly. He saw his wife in hands of her lover. He pulled out his revolver and shot down both of them.
In court all eye witnesses said that the navy officer had killed his wife and her lover. Clear case of double murder.
In spite of all these witnesses, Jury gave unanimous decision that the Naval officer was "not guilty."
Judge became furious.
He dismissed jury and convicted Naval officer.
Thereafter, entire Jury system was abolished from India.
Now, we hear so much about corruption in lower courts. Perhaps time is ripe to re introducing jury system in India.
Haresh Raichura
11/5/15
Copyright : Haresh Raichura 2014. All Rights reserved.