Articulation Series part 8 topic- Encounters
Q: Do you think Encounters are a better and faster way to get Justice?
A: I don't think Encounters are a way to get Justice because we have a rule of law and illegal encounters go against it. Also they are based on the premise of revenge while Justice is about Fair trial and due process of law which is a fundamental right under article 21 of the constitution
Q: But Justice is also about speedy trial, it is said that justice delayed is justice denied..
A: Yes certainly, ensuring speedy justice is a need of the hour but speediness does not mean arbitrariness and speediness must be ensured within the constitutional framework. Also fairness cannot be compromised for speed and both are equally important.
Q: you said illegal encounters are against justice, what is a legal encounter then?
A: A legal encounter is that which follows laid down rules and principles for eg:if the death is due to firing by the police in self defence or to save the lives of others, initial firing below the waist, etc
Q: With respect to fair trial, we only talk about rights of accused but no one talks about rights of the victim..
A: The rights of both the victim and the accused must be protected. The Fairness part will ensure rights of the accused while the speed will ensure the rights of the victim
Q: Do you think Encounters are a better and faster way to get Justice?
A: I don't think Encounters are a way to get Justice because we have a rule of law and illegal encounters go against it. Also they are based on the premise of revenge while Justice is about Fair trial and due process of law which is a fundamental right under article 21 of the constitution
Q: But Justice is also about speedy trial, it is said that justice delayed is justice denied..
A: Yes certainly, ensuring speedy justice is a need of the hour but speediness does not mean arbitrariness and speediness must be ensured within the constitutional framework. Also fairness cannot be compromised for speed and both are equally important.
Q: you said illegal encounters are against justice, what is a legal encounter then?
A: A legal encounter is that which follows laid down rules and principles for eg:if the death is due to firing by the police in self defence or to save the lives of others, initial firing below the waist, etc
Q: With respect to fair trial, we only talk about rights of accused but no one talks about rights of the victim..
A: The rights of both the victim and the accused must be protected. The Fairness part will ensure rights of the accused while the speed will ensure the rights of the victim
No comments:
Post a Comment