[This is an AHRC Statement.]
Seldom does just one verdict betray the rot that permeates the judicial
system right from the policing to judiciary. The Supreme Court of India’s
recent verdict on 24 September, 2016 was one such verdict. In acquitting death
row convict Dhal Singh Dewangan, a resident of Chhattisgarh, the
verdict exposed the façade that passes off for forensic investigation in
India, the shoddiness with which lower judiciary deals with evidence and the
denial of justice to those most in need of the same- the poor and the
marginalised. The judgment, sadly, also exposed the bitter truth that despite
all the occasional outrages over this or that gory crime, there is hardly any
momentum for justice system reforms in India.
Even a most
cursory look at the circumstances of the cases expose the travesty of justice-
for both the accused and the victims. The Sessions Court in Durg of Chhattisgarh
had convicted Mr. Dewangan for the murder of his wife and 5 daughters in 2012.
The High Court of Chhattisgarh had later upheld the verdict in 2013 and
confirmed the death sentence. The Supreme Court’s verdict shows that they both
did it on the basis of only circumstantial evidence, that too such one which
did not establish a “complete chain of evidence”.
To begin with,
the accused was found lying unconscious in his house with all others dead,
killed by sharp weapons to be precise. The police rushed him to the nearest primary
health centre (PHC) and yet did not place anything on record about his status-
whether he was faking it and if not, then what made him unconscious. Not a very
brilliant example of investigation, isn’t it?
Further, the
police failed to seize the clothes the accused was wearing immediately after
reaching the site of the crime. Even more interestingly, the seizure memo
records that the accused was wearing a “Istamali’ (later explained as a Lungi,
an Indian version of wraparound, though both are not the same) while arrest
memo showing him wearing “full pant and shirt” adding “nothing found on the
person of the accused except clothes worn by him”. What is missing here is when
did the accused change his clothes as police itself had found him unconscious
and rushed him to the primary health centre! The police have even failed to
examine the constable who accompanied the accused to the PHC to explain the
anomaly.
Yet, the worst in
the investigation was yet to come. The police had not collected any finger
prints at the crime site- not from the house and not even from the iron knife
found there and claimed to be the weapon used for committing the murders! Just
the thought that this fact slipped the attention of all- the police which
failed to take fingerprints and the judges at first sessions and then high
court who still awarded death sentence to the accused should send a shiver down
the spine of those believing in rule of law and its corollary- protecting the
life and person is the responsibility of the state and thereby law enforcement
and delivering redress of judiciary, if the law enforcement fails to do that.
The Supreme
Court, therefore, was absolutely correct in reaching the conclusion that the
evidence produced did not “form a complete chain of evidence as not to leave
any reasonable ground for the conclusion consistent with the innocence of the
appellant nor do the circumstances exclude every possible hypothesis except the
guilt of the accused.” So it was in setting aside the conviction and ordering
the accused’s immediate release if not wanted in any other case.
However, the
judgement leaves many more questions than it answers, such a shoddy status of
investigation in India being capable of taking people to gallows being first
and foremost of them. Equally important and discomforting question emanating
from the judgement is the denial of justice to the victims. They would never
get justice now as the judgement hasn’t took the investigation to task and
ordered it for reopening the case. A woman and her five daughters are now
killed, but apparently by no one.
And then, the
case is more a norm and not exception. The all-India conviction rate in 13,25,989
cases under IPC crimes tried in 2015 stood at less than half 46.9%. Take the
petty crime cases with plea bargain away and it would be far worse. Yes, bulk
of this conviction rate comes from slow justice system forcing scores of
undertrails admitting to their guilt irrespective of having committed the crime
or not, after spending more time in jail than the total sentence the crime
carries. To put it in proper figures- despite being under continuous media and
civil society gaze after the infamous Delhi gang rape cases in 2012, the
conviction rate in rape cases tried in 2015 stood at just above 29%- or almost
half of overall conviction rate, and even abysmal 19.8% in attempt to rape
cases.
Only thing sadder than this is the fact that no one would even seek justice for them, there would be no “No one killed mother and 5 daughters” campaigns, no one would take out candle light processions for them, no one would be screaming in studios of news channels about the crime against women. And this would be not because their lives are so insignificant, so incidental to Indian society, at least the often very well meaning civil society activists part of it.
It would be
because despite all their claims on the contrary, right to redress and justice
being the very core, the hinge on which all other rights rest is something they
miss more often than not.
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