Fragile Justice

CJI Mr.Khehar has publicly announced that a friend who is very close to him will not be allowed to argue in his court. This move is perhaps to preclude charges of partiality. The intention is good. How practical is this as a guarantor of fairness in justice delivery?

Other judges now know that this advocate is close to CJI. Human as they are, will they ensure that no special treatment is meted out to him? After all, as the popular saying goes, "A great lawyer is one who knows the law. A successful lawyer is one who knows the judge."

This is not to say that there is cronyism in entire judiciary. This only shows the difficulty, if not impossibility, of avoiding personal bias while hearing cases. Cronyism may not subvert justice. But it certainly tilts justice in favour of the friendly, the known and the accommodative.

Bias arises not only due to friendship, but also due to cultural and social factors. E.M.S.Namboodripad controversially observed, “between a well dressed pot-bellied rich man and a poor ill-dressed and illiterate person the judge instinctively favours the former”. 

Salman Khan

Justice has the habit of catching up so late that people start wishing away justice and developing sympathy for the guilty. Justice delivered after 13 years of occurrence of the grievous misdeed of Salman Khan is a classic example.

The 2002 hit-and-run case perhaps marked a watershed in the actor's life. He is supposed to have become philanthropic after that. His brethren and sistren in Bollywood have expressed their support to him though it is difficult to know how sincere their support is. Non-expression of support may anger the actor.

The sessions judge has upheld all the charges including culpable homicide not amounting to murder. Salman Khan has not confessed and even after the judgment, he told the judge that though he was not driving the vehicle, he would abide by what the judge said. His driver, Ashok Singh, in a belated move 'confessed' that he was driving the vehicle when the tragic incident occurred. Ashok Singh should be tried for perjury so that it will deter others from resorting to this ruse. Could Ashok Singh have been so masochistic in the absence of consideration from the actor?

'Able' lawyers are of course (off course may be more meaningful) there to keep Salman Khan away from prison.