Sunday, October 30, 2011

GODDESS OF JUSTICE IS BLINDFOLDED:

JUDGMENT CAN BE CRITICISED BUT NOT THE JUDGE.

It is beautiful distinction for academic intellectual brooding first-

GODDESS OF JUSTICE IS BLINDFOLDED:

It means Goddess of Justice being blindfolded does not see but simply hears but as per law hear say evidence is no evidence. Some witness, who has seen the occurrence deposes before the Court and the Court just records the statement, adjudicates and decides the matter by delivering its judgment and the basis of material on record. There is sky height difference between seeing by self, hearing and believing a statement and recording the judgment on the basis of hear say. Mind is a manipulator of things, looks at things and interprets the site in a color of the glasses put on the eyes which look at the thing(s). Therefore, the narration by the witness is not a white paper which can be appreciated by the Justice had it himself actually seen the happening with its own eyes coupled with its own experience and understanding of life and law on the subject. If the Justice is not blindfolded, it could look into the eyes of the witness to find the real truth because Eyes and body language never lie but the words of mouth often lie for obvious reasons. Children are from us but not of us in the same manner judgment is from a judge but not from the person who is acting as a judge as part of his duty. Judgment is the brain child of the Judge on duty but not from the individual performing the duty of a judge. Mind is like a computer, it displays what ever has been feeded in it and the material incorporated in the floppy is hear say evidence. Mind is not fool proof it is liable to make mistake, error of judgment, therefore, judgment is liable for error of judgment, hence appeals are provided from the judgments from lower courts to the Superior Courts upto the Supreme Court but here also some of the Judgments of the Apex court have been reversed because change is the law of Nature and each Individual is UNIQUE and original since GOD always creates the Unique Originals only and due to the change of thinking process and appreciation of the circumstances it must have been observed that the judgment already delivered needs to be amended/ reviewed and/or revised afresh in the best interest of Natural law and in the larger interest of Public.

Each Unique Individual apart from normal five senses possessed the 6th sense bases of Inner Voice and the feeling of his heart. The person by virtue of his above unique qualities may be feeling differently than the digital calculations done by his Mind on the basis of material on record but the person performing the duty of a Judge is bound by the set procedure laid down years before. Life is a flowing river, much water has flown when the statutory law(s) were enacted, change is the Law of Nature and we are supposed to live life moment to moment, never to look back into the past and never to peep into the future which is uncertain, but our Courts go by precedents. Government departments and law enforcing agencies are obliged to follow the written law/instructions and guide lines on the subject which are the brain child of Mind but Life is beyond Mind. Life is spontaneous, flexible and adaptable to circumstances and situations while the codified law/instructions and guide lines are rigid to which the flowing life cannot be adjusted. That is why standing Laws, standing forces lag behind than the criminals. Terrorists, Naxalites and Maoists because they are law and law enforcers or implementers all in themselves and deal with the situation there and then with all their ability and capability at their command to achieve the purpose. Pt JawaharLal Nehru used to say I am interested in things done not in excuses.

Its time now that the Goddess of Justice is not blindfolded, it must have a vision, awareness and act consciously from moment to moment as per the situation at hand. It is absolutely correct that judgment may be criticized but never the Judge performing his official duties following the procedure and Law in force. Human being has become in instrument to satisfy the Law where as Law must satisfy the needs of Human beings in a Social Welfare State which is voted to power by the Voter who is supposed to be Sovereign in a Republic. Lets hope wisdom may dawn and the foresight of Justice B.N. Agarwal, Retired from Supreme Court of India saying EVEN GOD CANNOT SAVE THIS COUNTRY may prove wrong in the best interest of beloved citizens of our beloved India and it be not simply a wishful dream.

No comments:

Post a Comment