Friday, June 30, 2017

HC slams CBI judge for being ‘robot’ at trial

Gujarat high court said that the inaction on the part of the CBI judge, D L Patel, during the trial was one of major reasons it was ordering a retrial in the Amit Jethava murder case. Justice J B Pardiwala said, "I am very sorry to say that the presiding officer also failed in his solemn duty to reach the truth. The presiding officer remained a mute spectator for one reason or the other and continued to witness the drama of mockery of justice."

The HC was unhappy at the way the CBI judge remained unperturbed through the trial. The HC said that the judge cannot remain "a robot" or "a recording machine" while witnesses were being won over. Judges are not merely "passionless thinking machine" who do not react to a situation and do not become suspicious when witnesses turn hostile and the prosecution does not ask them questions, the HC said.
The HC criticized trial courts because the "tendency to acquit an accused easily is galloping fast" to show high disposal of cases. Courts' responsibilities increase at a time when crime is increasing.

The HC judge said that the maxim, 'Let hundred guilty persons be acquitted, but not a single innocent should be convicted, is changing the world over and the courts are compelled to accept that "society suffers by wrong convictions and it equally suffers by wrong acquittals".

"A judge does not preside over a criminal trial merely to see that no innocent man is punished. A judge also presides to see that a guilty man does not escape," the HC order reads.

Justice Pardiwala called for a need to change in the judiciary, "Time is ripe for the courts to take some positive action...the need of the hour is robust judging."

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