“Let All the Noble Thoughts come unto you from every side”
is the ultimate axiom and vision of Vedas. Yet, from whom, where, to whom, and after all, what are these noble thoughts is my perplexing concern. For all of us, teachings begin from our homes. So, inevitably, a mother should know the values and the virtues lest her children may go beyond the control. If we trace ourselves back to those virtues and values imbibed onto us by our mothers, we find ourselves moving closer to the vision of Mahatma Gandhi, specifically the concept of Rama Rajya which is still surmounting onto our consciousness and we feel the necessity to fight for a litigation free world..
Think about the most modern civilizations around the globe and we realize that those civilizations that rule the best parts of this world are in fact, indebted to our culture and heritage. They borrowed our culture and got themselves well nourished and thereafter, they behave and maintain that level of status and dignity that suits the universal consensus. But, Alas!!! We have failed miserably owing to the fact that we do not even know how to behave.
It is owing to this attribute that we see around us, a habitat of pain and suffering. We, the attorneys at Miranda and Miranda law chambers, are in full congruence with the wishes of Dr Shashi Tharoor in achieving and cherishing his dream – “a litigation free, crimeless and, in all respects, a dispute less world” in accordance with the Arsha Bharath Samskara emancipated by Mahatma Gandhi, the father of our Nation. In fact, look within us and we find that all are silently anticipating a world devoid of those pains and sufferings wherein people live in peace and harmony by cherishing the noble ideas of brotherhood.
The Indian judiciary is akin to dew in the dawn and a Lilly in the month of May. My dear juniors, all of you have to uphold its serenity and sanctity. These days, the vacancies as judicial officers are not being filled but declared unqualified which is much associated with the lack of spirit and thirst to uphold the legal fraternity. As you may know, the subordinate judiciary is executing the law and the higher judiciary is interpreting it. The lowest judiciary that runs 24 hours in this country helps the delivery of justice unto the general public to their satisfaction.
Yet, even the said subordinate judiciary is facing its own dilemmas. “Judiciary has taken the people into confidence but the media is trying to demolish us”, this is the statement made by the Honorable Judge B. Sudheendra Kumar on the last republic day. His lordship was so pained and heartbroken while he was addressing the media people regarding the pathetic situation in our country in respect of delivering justice in a democratic structure. This is because the press plays an important role as the fourth estate but are they able to understand the nuanced problems faced by the Indian Judiciary before slashing it with a pen? Herein, the proverb stands true i.e. the Pen is mightier than a sword. Just peruse any of the newspapers and anyone can understand that Honourable Judge B. Sudheendra Kumar spoke about a glaring reality.
God had made the law and it is for the Almighty to punish us. In course of time, the power of making law and delivering punishment was given to the Kings and we were fed with the notion, “King knows no wrong”. As much water has flown down the stream, men evolved and turned civilized. He, in unanimity with his brothers, gave the Constitution to himself as a means to guide him and his fellow members. Thus through the Constitution, anyone, even you, can be a part of the judiciary and can punish a man and execute him in conformity with law. Thus, what the judiciary has obtained is that power which the gods and the kings were possessing. So, my dear juniors, always remember this, a man selected for the judiciary is the man of God. And, whoever forgot this mighty law is on a path of annihilation and self immolation.
Forgotten are those days when men were transported to uninhabited lands and left to perish as a punishment at the order of the Queen. Yet, even nowadays, Police is behaving as if they are the imperialists. They do not seem to be friendly to the society. Police should be the public servants to bring the offenders before court and it is for the court to decide his guilty mind.
It also seems quite paradoxical that people do not like the police as well. The general public throws stones at the police, the most barbarous and contemptuous weapon practiced in the ancient era, primarily used for ex-communicating a prostitute as visualized by various religious texts and treatises including poet laureate Kumaran Aasan, the Holy Bible and the Holy Quran.
Why don’t our children/generation remember the picture of a policeman helping a blind man to cross the road instead of the image of a police man charging at the public with his baton and tear gas like a tyrant henchman of the imperial monarch. They should change the mindset of the people and inspire confidence that they are gentle and servants of the people. In this respect, the judiciary is not at all a party to reform them, it is the duty of the State to reform them, even cosmetic changes are effective: I wonder what prevented the police from wearing a white dress and being friendly to the citizens instead of wearing a Khaki uniform and behaving aggressively.
Police act, as if we have no Higher Judiciary / Supreme Court in this country. They have a Nelson’s eye that we have got thousands of Judge-Made laws that protect the citizens. Encroaching on the judiciary by the state functionaries is being bravely and boldly prevented from time to time by the Judiciary with the strength of the largest written Constitution in this world.
In fact, it is because of the lower judiciary that our county has not gone into the hands of a Military Rule as we witness in our neighboring countries which got independence contemporaneous with our country. Let me thank the higher judiciary that never hurts the lowest judicial officers unlike in the olden days. Miranda and Miranda Law Chambers sincerely and honestly believe the Indian Judiciary is built in the Aarsha Bharath Samskkara and hence it cannot be unsacremented by any external forces.
A colonial style of investigation defeats the ends of justice. The criminal law is set in motion by the filing of the First Information Report. The person who is accused in a criminal case is arrested and detained in custody for 60 / 90 days on a mere statement of the victim. When a lady says she is raped, the accused will be put under detention immediately thereafter. No investigation follows against her until the Final Charge sheet is laid. No surveillance is put as against the victim. No investigation is forwarded against her to bring out the veracity of her statement subsequently. At least the police should know what are her own subsequent statements to others in respect of the facts and circumstances that culminated into an offence.
Even though modern techniques such as Brain Electrical Activation Tests etc. are held unconstitutional, the same can be done at least for the investigating officer to get himself satisfied as to the veracity of the statements made by the victim as well as the accused. Although personal liberty or individual freedom are well recognized and conceptualized through tens and thousands of judgments that dedicated pages and pages for fundamental rights and individual liberty by the Lords of this country; all of the same turns futile and of no avail owing to the conduct of the Police. Even Bill Clinton would have been convicted, had the trial been conducted in India and the case was investigated into by the CBI.
Legal procedure should be modeled in such a manner so as to minimize pre-trial detention. Citizens are put behind the bars without any investigation whatsoever. With respect to such atrocities, sometimes the Courts turn helpless as they are fettered by procedural laws. Needless to say, the State is the prosecutor and it is for the courts to deal with the accused, when he is brought by the police before the court, irrespective of his power or influence.
Every person is presumed to be innocent until proven guilty through due judicial process and therefore, we cannot direct the State as to who the real accused in a particular crime is and whether he has in fact committed the offence, during the pre-trial stage because of the independence of our judiciary and we are just reluctant to lay hands on the State machineries. We cannot take law into our hands and this calls for a systemic change in investigation and detention procedures. Above all, Police should behave themselves.
I sincerely express my gratitude to all my senior members of the bar and Honorable Judges at this court centre, especially to His Lordship Justice K T Thomas, Supreme Court of India, His Grace Most Rev. Dr. Soosai Pakiam M, Metropolitan Archbishop of Trivandrum, His Lordship Justice R Basant, His Lordship Justice Pios Kuriakose, Honourable and worshipful District and Sessions Judge Mr. B Sudheendra Kumar, my respected Senior Sri. Sasthamangalam S Ajithkumar, Advocate Mr. V S Babu Gireesan and Dr. Muni Narayana Prasad of Narayana Gurukulam for their valuable inspiration and advice.
Dr. Clarance Miranda
Advocate
Doctor of Arts with Award of Excellence & Distinction
Criminology Major: Belford USA
Roll No K/ 962 B / 1992.
High Court Bar No C169.