Baffling If Not Irritating Salman Khan Saga

               2002 to 2015 is a very long period for the normal dispensation

of justice.In India,same is heard and delivered by following an

elaborate & outdated British system of Jurisprudence as opposed

to quick and flexible Jury system of USA.

Perhaps three major Criminal Acts were also drafted very

carefully,meticulously and certainly with a tinge of bias by the

colonial masters vis-a-vis the offenders or in the instant

case,the road-users or the pedestrians.While they continue to be

the Central Acts enforced & extended even in the post-1947

period,many Central and State amendments have happened in view

of developments or needs of time.However,they donot take place

at regular intervals.Thus the apparent loop-holes go on to help

the opportunists,the moneyed and the mighty.The common man,in

contrast,has to always run from the pillar to post not only for

desiring justice but even for admitting a genuine

grievance-based petition.

6th May 2015 is not going to be only Red Letter Day,when a

development of poles apart seems to have taken place,thanks to

an extremely high voltage drama anchored rightly in public

interest by the electronic media.The Addl.Dist.& Sessions Judge

of Greater Mumbai at last had courage to deliver a judgement

which may have belied expectations not because it had ample

evidence from both the sides but also due to his shocking

decision to permit last minute deposition of Ashok Singh,the

so-called family driver of the only accused-Salman Khan.The

conduct of both of them may lead to suspicion,as it was,if one

may say so,a last minute device to salvage a "precarious"

situation.Due to it,if a statement could be made in all

humility,the Judge attempted to make a mockery of the whole

process when end seemed logical,if not fully conclusive.

At last judgement has been delivered,even if the quantum of

punishment is barely 5 years for one murder and grievous

life-long injuries to 4 others.In good old days,the date

fixed/designated for judgement would normally see everything in

one go,presumably to ward-off any underhand deals,unless in the

opinion of the Presiding Officer, pronouncements had to be

staggered over to a few days,based on the circumstances or the

complications involved.

In the instant case,for the reasons best known to the

Judge,every process was rolled into just 4 hours.Even the

so-called "Speaking Order"was pronounced much ahead of

schedule,thereby giving ample time to defence to work on

"manipulative"processes,both within the Court as also within the

precincts of the High Court.Mumbai Police too gave the

impression of being Casual Referees.Even when the high profile

person was convicted, he was not only seen behaving like a

Super-Star,he became a larger than life figure,all of a

sudden.Thanks to reported laxity by Police and the money power &

over-all reach of the convict,the sparkling white and latest SUV

of Mercdes Benz had free and easy access in all nooks and

corners.Needless to say,an accused or a suspect having a common

background would be deprived of such concessions and

privileges.Rather,Police would have a "field"day with him or

her.

The terrible haste in deciding the quantum of punishment and of

all the things,"sudden breakdown" of power between 12.50 and

13.25 hrs.may lead to genuine suspicion on the part of Court

authorities.One can not say for certain but there was implicit

pressure applied on the ADJ to reduce the maximum period of 10

years to 5 years. One should not also ignore the fact that while

delivering such a crucial judgement of public ramifications,one

does refer to similar cases decided in the past,when Justice was

supposedly given,leniently given or given with a reasonable

compensation to all the victims.

The Judge in question very well knew the relevant Section 389 of

Cr.P.C.that if conviction was to be for a period below 3 years

and if the accused had moved for Bail at the drop of hat,the

Judge was liable and duty bound to hear and dispose-off his plea

then and there.He,at the same time,could have also heard the

same plea with more application of mind,the following

day.Interestingly this did not happen due to award of 5 years

conviction.The matter,therefore was conveniently passed on  to

the High Court,which,with due regards to the Judge,had all the

time in the world to hear an advanced prepared bail petition of

a notorious man.As expected,same was disposed off within no

time.

If it comes to common man,he would need days and days,weeks and

weeks to file a petition of this nature before same is admitted

in a higher court.So the physical might as also money power

assume significance.For the reasons best known to Mumbai Police

and the Municipal authoroties,swift passage was ensured to the

glamourous brothers,sisters and a battery of lawyers between the

two far situated court complexes.

On top of it,no court will hear a plea of the common citizen

after say,4 or 5 pm on a routine day.In this case,the ADJ worked

2.5 hours extra to ensure that the all powerful convicted and

maligned criminal came out with flying colours between 7.10 and

7.15 pm.He was facilitated with an Interim Bail till Friday,the

8th of May,2015.Ironically,his widely reported serious Nerve

disease got "cured" all of a sudden.Late in the evening,it was

like a marriage celebration in the convenient company of "fake"

actors, who indulge into the intricacies of the dreamland at the

cost of the innocent emotions of the common man.

One has only talked about the processes,rightly or wrongly or

hurriedly followed by the courts,Prosecution,Defence or the

Police.What about the long sufferings or claims of the kith and

kin of one dead and the continued physical trauma of 4

others,who were reportedly "promised" adequate compensation

during the trial stage.The Judge,I am sorry to state,has simply

forgotten about it or has purposely done it or maybe,for

him,only punishment was the top priority item.Certainly with

todays turn of events,the victims may not have the courage and

resources to to file even a review or appeal petition,forget

about opposing what has been "awarded".It may be interesting to

note that in all high profile cases of hit and run by the

celebrities,compensation was certainly awarded,even if

punishment meted was far below the expectations.

Another issue which should not be ignored in this context is

that in the cases of JayJaylalitha and Raju Lingam,despite their

mammoth power,nuissance and reach,Interim Bail was not given

immediately or so easily.Same had taken a week or fortnight.So

one may have reason to believe that Mumbai ADJ has acted, as

also not acted or has come definitely under the undue pressure

of of the High Court at the behest of some "invisible hand".

This case is no longer of a Media trial type.But for the

media,people in general would not know the nuances of law,forget

about even thinking about exploring the ways and means to secure

justice,even if same appears to be delayed.

The preferential treatment given to the "enfant terrible" by the

High Court may not be malafide,but certainly hurting,unfortunate

and inhuman at this stage.

In the same way,ridiculing the woes of the common man(pavement

dwellers)by the Singer Avijit and the Choreographer-turned-Film

Director Farah Khan,was not only shocking, same added further

insult to injury.

In sum and substance,the stand of the poor victims or whoever

ignited their feelings,is certainly vindicated.Five victims in

question may not have got the justice they deserved or had

wished for.The door of High and Supreme Court still can be

knocked.If same also fails,Justice will be ultimately dispensed

with by the Almighty some day.Salman Khan may be inside jail on

8/5/15 for a short or long duration (5 years) like Sanjay

Dutt.But no sensible woman is likely to enter into a conjugal

relationship with him Even if same happens,either by crook or

hook,she is bound to get the same inhuman and rough treatment

earlier perpetrated to the likes of Aishwarya Rai,Katrina Kaif

and many other budding film actresses who would innocently

become his ready "prey" at the various stages of their

respective struggling careers.

The punishment prescribed by the Britishers for the Culpable

Homicide Not amounting to murder would continue to play havoc

with the innocent lots by assisting the filthy rich automobile

owners.The pedestrians and road-users may continue to lose their

life and limb unless drastic and human oriented amendments in

relevant Acts see light of the day.

The S.Khan case has given a fresh food for thought in public

domain in the backdrop of 3 recent high profile cases of Delhi

which would have been also suppressed  and delayed further,but

for the active media and some responsive and public spirited

Judges.

While at the upmarket Galaxy Apartments,majority of the film

stars would be celebrating the un-deserved and out of way

Interim Bail to the spoilt brat of the Indian Film Industry,the

widow of the slain victim and the 4 partially handicapped

persons may not have enough strength and courage to take their

dinner even.This is how life has to go on in a so-called

democratic country like ours.Nevertheless,it is said-"Bhagwan Ke

Ghar Me Der Hai,Par Andher Nahin"(There may be delay in God's

Court,but there will not be always darkness)