Wise Judges Foolish Judgments
Yet another tryst with criminal law. Usual story. Boy-girl fall in love. rural setting. high caste, low caste. parental objections. Girl married-off within her caste. Husband incompetent.
On the 1st anniversary the girl called Megala elopes with her ex-lover, and crosses into Karnataka, get married and gets pregnant. The boys parents move a habeas corpus in the Madras High Court, and the police secure the couple from Karnataka and produce them before the Chief Justice's bench of the Madras High Court. The then Chief Justice and his brother judge, notice that as Megala is already married, she cannot live with the boy with whom she had eloped, and direct the police to register a case against the boy for offences of adultery and bigamy (As per the written orders of the court).
Now the inspector of police registers the court's orders as an FIR, and arrests the boy and the judicial magistrate remands him to custody. Although both the offences under sections 494 & 497 IPC are bailable the foolish magistrate refuses to grant bail because the FIR was instituted upon the Chief Justice's orders. The Sessions Judge does likewise. However Justice R.Balasubramanian, a sensible and dignified judge of the Madras High Court laughed at the case and granted bail.
The boy spends 11 months in jail, and the police laid a chargesheet against both the boy and the girl for adultery and bigamy.
Now look at what the law says,
(1) A complaint of bigamy can be initiated only by the husband or the wife. In this case complaint instituted by Chief Justice's bench.
(2) A complaint of adultery can be initiated only by the husband and only against the adulterer and not the wife. In this case complaint instituted by Chief Justice's bench.
In the meantime the boy bribes the cops and quits the country. Girl attends trial proceedings every fortnight. Boy proclaimed as an absconder and warrants of arrest issued by the court. Will the Tamilnadu police go to Dubai to nab him ?
On the 1st anniversary the girl called Megala elopes with her ex-lover, and crosses into Karnataka, get married and gets pregnant. The boys parents move a habeas corpus in the Madras High Court, and the police secure the couple from Karnataka and produce them before the Chief Justice's bench of the Madras High Court. The then Chief Justice and his brother judge, notice that as Megala is already married, she cannot live with the boy with whom she had eloped, and direct the police to register a case against the boy for offences of adultery and bigamy (As per the written orders of the court).
Now the inspector of police registers the court's orders as an FIR, and arrests the boy and the judicial magistrate remands him to custody. Although both the offences under sections 494 & 497 IPC are bailable the foolish magistrate refuses to grant bail because the FIR was instituted upon the Chief Justice's orders. The Sessions Judge does likewise. However Justice R.Balasubramanian, a sensible and dignified judge of the Madras High Court laughed at the case and granted bail.
The boy spends 11 months in jail, and the police laid a chargesheet against both the boy and the girl for adultery and bigamy.
Now look at what the law says,
(1) A complaint of bigamy can be initiated only by the husband or the wife. In this case complaint instituted by Chief Justice's bench.
(2) A complaint of adultery can be initiated only by the husband and only against the adulterer and not the wife. In this case complaint instituted by Chief Justice's bench.
In the meantime the boy bribes the cops and quits the country. Girl attends trial proceedings every fortnight. Boy proclaimed as an absconder and warrants of arrest issued by the court. Will the Tamilnadu police go to Dubai to nab him ?
Now decide for yourselves. We shall give Kasab a fair trial.
posted by SJ @ 11:16 AM
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