Monday 14 October 2013

All the accused convicted in the Laxmanpur Bathe massacre have been acquitted clean by the Patna High Court, in tune with earlier such acquittals in other Dalit massacre incidents. The whole story is dedicated to the gross injustice thereby meted out to the victim community.
These projections are misleading. The findings of the court which form the basis for such acquittals have not been cited. Why?
The requisites of an objective legal reporting have been overlooked. A prosecution case commences at the level of the police where courts have no role to play until investigations are completed and final form , like that in the shape of charge sheet is submitted. The police role ends there to an extent, in that its role with that of the State as prosecutor out-stands in pursuing the prosecution including adducing of evidence.
The Court has to over look every fact or fiction which the prosecution case either omits or fails to either contain or substantiate.  Court has to give its finding in accordance with the law. An appellate Court, like the Patna ahigh Court in the present case, has to travel extra yard, to agree or disagree with the findings of the trial court.
The above analogy would be wholly philosophical without the exact reference to the contents of the judgment, which ought to have been cited and discussed in detail instead of irrationally describing half glass of water either as half-empty or half-full.

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