Oct. 24
INDIA:
Heavy workload possible reason for 'serious mistakes' in Soumya case: Markandey
Katju
Former SC judge Markandey Katju on Monday said the apex court had made some
"serious mistakes" in the Soumya case by commuting the death sentence of the
accused to life, and attributed it to "judges not being able to give much time
to cases due to heavy workload of pending cases".
In a Facebook post, he said, "I genuinely believe that the Supreme Court had
made some serious mistakes in its judgement by reversing the death penalty
awarded by Kerala High Court".
"Possibly these mistakes were made because the court was so overburdened with
work that it cannot give as much time to cases as they deserve, which they
would have otherwise done, had it not been for this heavy load of cases to
decide," he said.
The Former Press Council Chairman also said that when he first heard that he
had been issued notice, asking him to appear before the court on 11 November,
he was "upset" as he thought the SC was trying to "humiliate" him since he had
criticised their judgement and such an order was "unprecedented".
Hence, he had initially said that he would not appear before the court as
directed.
However, when he received the apex court's notice and read it, Katju said he
realised the court used "very respectful language to me and had requested me,
not ordered me, to appear since they seemed to be sincere about their desire to
reconsider their judgement and did not have a closed mind."
"Since reading the Supreme Court notice, I felt that the judges had no
intention to humiliate or insult me, rather were anxious to get my help in
reconsidering their judgement, I have decided to appear on 11 November at 2 PM
(the date and time fixed)," Justice Katju said.
Quoting celebrated British Judge Lord Denning, Katju said 'The Judge has not
been born who has not made a mistake'.
"We are all humans, and all of us make mistakes, but a gentleman is one who
realises his mistake, acknowledges it, and seeks to make amends," Katju said.
"This should apply to judges too. I myself have sometimes made mistakes in my
judgements," he said.
(source: jantakareporter.com)
CHINA:
Doubts over death sentence should delay its execution
Jia Jinglong is to be executed anytime soon, after he and his attorney were
reportedly informed of the Supreme People's Court's approval of his death
sentence.
We are not in the position to call a halt. Yet we feel strongly that the order
must not be carried out. Not because social media are rife with cries against
the ruling. But because the circumstances are anything but normal, and there
are some outstanding questions that need to be properly answered. Legal
experts, from professors to lawyers, deem the sentence problematic.
Jia shot and killed the head of his village in 2013, and he was convicted of
murder. His death sentence is controversial, though, for the murder was a
reaction to the ruthless, illicit forced demolition of his home that the victim
allegedly masterminded.
Legal professionals have argued that Jia qualifies for a lesser sentence, a
reprieve for instance, as he tried to turn himself in and confess to police
afterwards.
Considering both the judicial authorities' new emphasis on prudence in applying
the death penalty, and the reasonable doubts surrounding the sentence, we urge
the court to demonstrate discretion, and avoid the double tragedy to which we
are dangerously close.
Whatever happens, Jia's case should not be allowed to slip away as if it were
just another regular criminal offense. Because it is not. Outside the
courtroom, there are pricey lessons to be learnt.
"I am a victim...from the very beginning," Jia told the first-instance court in
self-defense. "I would not have embarked on such a road of no return had there
been a way out."
The murder took place months after his home was demolished by force. He called
the police in the vain hope of stopping the demolition. He tried to negotiate
for compensation afterwards. He lodged complaints to local authorities. He
found himself helpless, hopeless, with no way to have justice done.
As in many similar cases, Jia used to be an ordinary citizen concerned
primarily about living a normal life. Like others who ended up desperate,
vengeful and hurting themselves and others to have their injustices noticed,
Jia would probably not have acted as he did if his loss had been properly taken
care of.
When residents are victimized by those who have power in their hand, they
should not be deprived of the hope of having their wrongs addressed and justice
delivered.
(source: Opinion, China Daily)
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