Wednesday, August 31, 2011

Analysis Of A Situation - Death Sentence

Situation:
1.  Some organisation did a crime more than 20 yrs ago.
2.  A Special court has been assigned to enquire the crime and punish the guilty.
3.  Special court did the investigation and gave the punishment to many belonging to the organisation that committed the crime which includes 26 death sentences.
4.  All the Twenty-Six appealed to the Supreme Court and the Supreme Court reduced the number to four.
5.  These four gave a mercy plea request to the Governor in 1999 and the Governor rejected the plea within 10 days.
6.  After the Governor’s rejection, they sent the request to The President.
7.  One among the four sentenced is a lady and she has been given mercy with her death sentence turned to life-imprisonment. It is said that this mercy was given after the recommendation of the wife of the person assassinated as part of the crime.
8.  After 11 years one fine day, the mercy pleas of the remaining three have been rejected by the president. And the three have to be hung in 10 days.

ANALYSIS
1.       The Crime:
Crime is an assassination of a Prime-Minister of world’s largest democracy (by population) and hundreds of other people. #TERRORIST ATTACK. This incident has definitely affected hearts of most of the people in the nation. Majority of the people in the nation wished this particular person will help them lead a good life and they elected him as the PM. All those dreams have been shattered by this bomb blast.
2.       THE SPECIAL COURT:
I’d rather say it as the so-called special court. A court has been solely arranged to investigate this particular case. They did investigate and finally gave judgement which sentenced 26 people to be hung. #DEATH SENTENCE. They will be hung to death. If 26 people are given death sentence how deeply and how carefully they would have investigated the case!!?? Moreover the court which investigated the case is a special court. That is the reason because of which the judgement cannot be reviewed by the High-Court (This rule is assuming that the judgement by the special court will be perfect without flaws). But the judgement can be challenged in the Supreme Court. (Probably they would have assumed that the judgement cannot be 100% flawless). The SC investigated the case and reduced the number of 26 death sentences to 4!!! (This proves the judgement of the special court only 15.38% correct). Death sentence is something which is going to kill the person. How can a special court be so very careless in giving death? This means that 22 people would have been killed unnecessarily. How fair is that!!??
With all due respect to the honourable Supreme Court and it’s decision, what is the proof that this decision could be fool-proof? May be if there is another higher level of authority of judgement, it is still possible that this 4 could have been reduced to 2 or 1.
[Disclaimer: I am not sure if this is contempt of court. If so someone pls advice, I will remove the unnecessary points]
3.       MERCY APPEAL IN GENERAL:
Why does this particular step exist even after Supreme Court’s decision? It is said that President is the first citizen of the nation. So doesn’t the contempt of court law apply to The President? If so many courts have analysed the case and has given the judgement as death, they have done something so bad that they deserve to be killed. Then I don’t know what is there in considering their mercy? OK! Let it be like they have realized their mistake and are asking for mercy. In that case, Mercy has to be given to all the persons who have asked for it. But NO is the answer for this. Why partiality of the giving mercy?
4.       MERCY APPEAL IN THIS PARTICULAR SITUATION:
Eleven years! Three different persons in the chair! One pending job! Five Reminders! NIL answers! With due respect to Dr.Abdul Kalam, He has served 5 full years has the President and this file would have been lying in his desk for all the five years. He is undoubtedly one of the best and the most deserving person to be in that chair. How can even he not understand that this was also one of his duties? All three responsible should give proper explanation for what has caused this huge delay in rejecting these three pleas.

CONCLUSION:
                These 3 people have been waiting in the jail to be hung for 21 years! All three have been proved to be having involved in the assassination of one great leader and numerous other innocent people.  Then according to me they should have been hung right away. Now after 21 years, hanging them doesn’t make any sense and as the situation is in this part of the country, they would only be considered as heroes if they are hung now. Apart from them becoming heroes, few others would be benefited, the political parties trying to make use of the situation maximum to their benefit and some individuals who love to get into controversies.

Thanks a lot for reading. Waiting for your feedback.

Yours,
Raja Sekaran.R
       

5 Comments:

Kavibalan.S said...

Super machan...! Its not that whatever u have said above is all correct... However I find many useful information in this... Also I could sense the anxiety which is there in the heart of millions of people of our nation, for the delayed judgement and the much delayed decision on mercy plea... I totally agree with u for ur last para..... Good one ....

Shiva said...

I totally agree. Besides Rajiv wasn't a great person after all. I'd say he deserved for what he did to those people. How else could he be accounted for all the merciless murders and rapes commited by the Indian army?

V.Devanathan said...

Good work ... Keep writing buddy ... A wonderful "POST" mortem on Rajiv's death and the events that have followed ....

Praveen Kumar Munna said...

Seriously don't understand why they should take such a long time to decide on the mercy plea.
And I totally don't understand this part of the country who are protesting the death sentence, just because they speak the same language as they do.
Why does language come into picture?

Prasanna said...

nice one da.. I agree to ur points.. but one!! Rajiv was nt a great leader in the first place..
and in this age, death sentence sounds ridiculous.. it must be abolished!!! Death sentence is another form of murder committed by human-created law!! no human has control over life and death!! period!!
And a nice article da.. keep it up!! :)