Shiban Khaibri
Supremacy of law or the rule of law in India entails that the law rules over all people including the persons administering the law and that the law is administered and enforced in a just manner. However, it also is a fact that the one, who no more lives in this world and needed justice during his life time, also got justice for which those who are living must endeavour to get the same for that person. Film actor Salman Khan , as most of us know has been convicted by a court in Mumbai in a hit and run cum rash driving case which took a long period of 13 years. It could have been earlier if the accused had come forth with all facts and “proper witnesses” in time and fully offered to the law to get justice. The way debates and discussions and opinions are put forth lavishly post deliverance of sentence and granting of bail, none of any murmurs were heard during these 13 years as to why the case is getting lingering on. However, the greatness, the firmness, freedom from any external influences and the impartiality of the Indian laws has once more, been proven in the instant case that nobody, howsoever influential in status, fame and riches can escape the confines of the law. He got a five years rigorous sentence under various charges under IPC, including culpable homicide not amounting to murder, besides under various provisions under the Motor Vehicles Act, as he was found guilty of ramming his speeding car against a bakery shop killing a person on the spot and wounding four others sleeping on the pavement outside the shop in the year 2002. Quite unbelievably, he got bail within three hours from the pronouncement of the verdict though for two days only and before the currency of bail would get over, the High court was pleased to set him free by suspending the sentence given to him by the Sessions court. The bail bond of Rs. 30000 furnished by him on the orders of the court made the process complete to set him free during the time his appeal against the sentence was disposed of. Next date of hearing is listed on June 15, 2015.
The verdict of the sessions court which tried the case , while demonstrating that none needed to vain fully presume that he or she could “manage” the justice and confuse or mislead with cock and bull stories and managed or tutored witnesses, as the learned courts could very ably and truthfully see only the truth content and deliver the verdict on that base, at the same time can a common man, not necessarily a poor man, aspire to get justice , particularly the bail the way the famed actor got and if not, due to various reasons, could administering justice to all , evenly and proportionately justly be ensured and claimed? What if the distance between the lower court and the higher court could have been that of a four or five hours drive which an ordinary convict elsewhere under the same umbrella of our laws could have never made it, would definitely mean that he could not get justice. Conversely, if that unfortunate convict as generally could have not engaged a battery of top criminal lawyers would perhaps either have got more punishment or decidedly gone to jail right from the court and not got the breather of bail so fast.
Again, the way running commentaries nonstop on minute to minute basis exclusively were available on most of the TV Channels, were seen over busy in dissecting each and every movement right from whose mood was how at home and in court , the emotional feelings of those very close relatives who shadowed the accused and remained all with him and how “Hawans” and poojas etc were performed and “Chadars” were offered to invoke heavenly blessings to get a reprieve of “proved innocent” amply demonstrated as if in a country of 125 crores everything else had come to a standstill for full four days excepting actor Salman Khan’s court case, the sentence, the bail, the reaction of cine actors and fans et- al. The victims, alas, were all missing from the unprecedented uninterrupted day night coverage and none paid any attention or importance towards them excepting the law through the learned court which made it amply clear through its judgment that no person shall be deprived of his or her life and liberty except as according to the procedure established by law. It rubbishes and condemns therefore the analogy of “Kutay ki tarha soyengay to kutay ki maut marain gay” as said by a known playback singer who tried to perhaps justify the death of the victim caused by the car overrunning his body as he was asleep on a footpath. This ‘more loyal than the king’ sycophant, who having tongue in cheek, in the burst of “love” for the convict actor friend of his, tried very hard to justify the absurd remark but could not succeed till he tendered an apology.
To escape the rigors of the law, as it dawned albeit the 240 page judgment, the actor employed every means available including the crane theory, tyre burst theory, not in the driver’s seat theory etc; but could not succeed in misleading the course of law . The reason of this case getting dragged so long is because of either the accused avoiding presence in the court, or the main witness giving one version and then retracting therefrom and then his driver trying to take blame on himself deposing that it was not Salman but he, who was at the wheels etc but still all the charges were eloquently proved against the actor. He first got the bail on the same day for two days up to May 8, and same very day he got bail from the High Court till disposal of his appeal against the conviction. Salman, therefore shall not have to go to the jail and shall be free for all practical purposes as his sentence stands suspended. The rule and the precedent generally can be granting a bail to the convict if the sentence is less than for seven years and an appeal is preferred against the conviction before a High Court.
Who says that our country is poor, as the actor under reference is one of the top ones to be paid very handsomely, all managed by us Indians. We have one of the richest cricket organizations in the world called the BCCI. We not only “love” cricket as a sport but love its commercialization , auction of players, cheer leaders, plunging of Bollywood actors to make hay in IPL tournaments, leave aside bookies’ business and ” fixing” business. If we were poor, how could we manage to sustain all these? The same is true of our cinema world. The bee line of “friends and well wishers” to the Galaxy apartments, the colleagues from the Bollywood, the politicians, the vote bank managers , the fans, the great number(s) of cameras totting inquisitive personnel were “busy with what” for nearly four days nonstop, raises many questions . The actor has reportedly three more (criminal) cases elsewhere away from Mumbai and is on bail. A postman in 1984 who mismanaged a money order for Rs. 58 and faced 350 court hearings, was subsequently acquitted but not before he had lost every thing. There are 2.5 lac inmates waiting in jails, most of whom have no money to furnish bail bonds, perhaps these ones must be having abysmally low faith in the system which calls loudly for reforms. These are moments to introspect and what is there to celebrate about or distribute sweets?
Trending Now
E-Paper
Follow our WhatsApp channel