Nayan,
Once again, I would first like to know the reason for
outrage against media ---- is it because the picture
depicted Assam in Negative or is it because it
insulted the woman. From beginning I am seeing the
outburst for the former reason .... had it been ONLY
the later reason , I would probably not have taken up
my pen (keyboard).
My only concern is people are stooping to a lower
level of regionalism against humanism.
Coming to your points --
>>You get me wrong. I am not condemning anyone
You should condemn those who commited the crime and
those who abeted by not trying to prevent it.
>But
>>showing a picture to a Judge is something else and
publishing it in a
>>newspaper is something altogether different. Won't
you agree?
In democracy, the media plays a vital role in shaping
public opinion, in bringing awareness, in keeping the
government on its toes. This picture serves all
these purpose ..... exposing how miserably our
government failed. Just the way a judge will form an
opinion, the public will form an opinion based on
this
>>Do you think that
>>the other pictures of people beating people were not
enough that they had to
>>publish the picture of that stripped innocent girl
to pressurize the
>>government?
If the other pictures would have had the same impact,
why the outburst that this picture has painted Assam
in black ?
>>>nd this
>>would not be the first time. And as you have said
about the PIL. I can
>>assure you that it won't be able to reverse the
process of not being able to
>>control the situation.
Did not expect this from you . ANY criminal
litigation CANNOT reverse what has happened. If you
use this example, these criminals should not be put
through legal process because it will NOT reverse the
situation nor should a murderer be put to trial
because you cannot undo the murder.
>>I simply cannot speak for anyone else other than me.
But let
>>me enlighten you that cases are not won because
there is someone (an
>>advocate) to represent the villain. Cases are won
when witnesses do not
>>falter, when they speak the truth with courage (they
have to appear first).
>>If witnesses do not appear then justice is delayed
and sometimes denied.
1) You wanted an assurance from me if the journalists
will come up as witness as their moral duty. What I
pointed is, lawyers DO send their morality to
vacation when they defend a known criminal. Can you
deny that ? No. So, if a lawyer does not stick to
his ethics/morality why do you expect journalists to
leave their job and work for lawyers ?
2) Is it false that lawyers manage to extend
litigations on flimsy grounds --- like a false medical
certificate stating his client is sick, or pointing
some minor typos in the petition etc (I experienced in
a civil litigation). Just 2 days back there was a
report in a Calcutta daily on one Idrish Ali who is
avoiding his court case claimin he is sick while
doctors cannot find any problem. Who suggested him
about such tricks ... sure not some journalist.
3) If a criminal case is as simple as you cited (cases
are not won because there is someone (an >>advocate)
to represent the villain.) why do you think the
rich and the famous (Sanjay Dutt to Todi) hire the
best lawyer spending lakhs to defend them. They
could hire just a small time lawyer fresh out of
college .... after all it all depends on witness,
lawyers are mere spectators ! Can you enlighten us ?
>>He intends to
>>act on the advice and has presumably started off the
process.
We would wait eagerly to see the outcome but I have
serious doubts. It is not first time that media
(Indian/International) has published such photos.
>>but for your information, I also do not volunteer my
services. And this
>>would not be the first time.
I guess you made a typo.
>>Dada,
>>You get me wrong. I am not condemning anyone. You
are quite right in saying
>>that a picture often speaks much more than a
thousand line. In fact I would
>>go on to agree with you that pictures do play a
vital role in courts. But
>>showing a picture to a Judge is something else and
publishing it in a
>>newspaper is something altogether different. Won't
you agree?
>>BY the way, your logic that the Government would
have hushed the matter as
>>they tried at the early stage has one very small
hitch. Do you think that
>>the other pictures of people beating people were not
enough that they had to
>>publish the picture of that stripped innocent girl
to pressurize the
>>government?
>>And as to your question about the lawsuit about the
media, Dr, Bikash Kumar
>>Das called me up yesterday about the same thing and
I have advised him on
>>this very topic as how the media has violated the
Indecent Representation of
>>Women (Prohibition) Act, Cable Television Networks
(Regulation) Act, Article
>>21 (Right to life/live[with dignity]) as has been
guranteed by the
>>Constitution of India and provisions of the Indian
Penal Code. He intends to
>>act on the advice and has presumably started off the
process.
>>I would not hesitate to represent the victims if
asked for by them(pro bono)
>>but for your information, I also do not volunteer my
services. And this
>>would not be the first time. And as you have said
about the PIL. I can
>>assure you that it won't be able to reverse the
process of not being able to
>>control the situation. And even if a PIL is filed,
do you know what will
>>happen? It would mean just another pending case for
many years and
>>appearance fees for us advocates. It won't make
people kill each other. It
>>also won't make people hate each other.
And lastly, the assurance you want from me as to no
advocate will represent
the villains, I simply cannot speak for anyone else
other than me. But let
me enlighten you that cases are not won because there
is someone (an
advocate) to represent the villain. Cases are won when
witnesses do not
falter, when they speak the truth with courage (they
have to appear first).
If witnesses do not appear then justice is delayed and
sometimes denied. And
as you know delay is the worst form of denial.
regards,
nayanjyoti medhi
On Nov 29, 2007 11:32 PM, Krishnendu Chakraborty
<krish_gau at yahoo.com>
wrote:
> 1. From the outrage we are seeing here, people are
> more concerned at Assam's Image NOT at modesty of
the
> woman (refer postings of BD, JS) .
> First, please clarify the reason of this outrage
>
> 2. A picture often speaks much more then a thousand
> line .... that is why photo journalism exists.
> Without this picture you would not have seen such
> reactions (Quote from CM --- "They are animals").
> you as a lawyer should know it better that the
> impression this picture is going to have on a judge
is
> much more then a thousand lines. In US court
system,
> pictures do play a vital role (I have some interest
in
> law though I am not a lawyer)
>
> 3. Every person in the society has their own role
to
> play ......By your logic, a journalist covering war
> should go and treat war victims instead of
reporting.
> Journalists are often termed as heartless but
because
> they are, you can become aware of the crime
happening
> around the world.
> Did the media person Arnab Goswami (who is being
> highly praised) try to resist the hooligans ?
>
> 4. If media would have given the photos to
> police/government instead of publishing it, there
> would NOT have been the pressure on government and
> Government would have hushed up the matter (as they
> tried initialy)
>
> 5. If media people start flocking the court as
> witnesses, will advocates cover their role ?
>
> 6. Many are pointing that media was wrong but you
as
> an advocate can easily file a lawsuit against media
if
> they are wrong. Will you?
>
> 7. As an advocate, will you represent the victims
> (this and other similar cases) pro-bono
>
> 8. For every criminal case, you have a criminal
> advocate trying to save the criminal. Can you, as
an
> advocate, give us assurance that NO advocate will
> represent these (or other similar) criminals?
>
> 9. Will you, as an advocate, file a PIL against
GOA
> as to why they failed to control the situation?
>
>
> I am all with you to protect Assam's interest ... .
> But you seem to be blaming the wrong person for
> degrading Assam ...... count me in if you are
> condemning the right set of people .... the
> government, police et al.
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