Archive | March 2017

A tale of two amici curiae (plural of amicus curiae) aka friendly person of the SC.

For all those who came late

On 16/12/2012 Jyothi was brutalized and raped by six brutes in a moving bus in Delhi and she died on 29/12/2012 in a Singapore hospital.

Of the six one hanged himself in Tihar jail.

One minor was in a juvenile home and was released on attaining majority. Menaka Gandhi famously reported that for the government to arrest him he has to commit another offense, till then he is a free bird. It can be assumed that he is in India maybe even in your neighborhood. As his photo was never published you may not even know him even if he is travelling next to you in a train/bus but he has the liberty to to choose his next victim.

The next four were awarded death penalty by the trial court and duly approved by the HC. The SC has concluded hearing their appeals for judgement. SC had appointed two amicus curaie regarding the implementation of the death penalty. Both of them have given opinion against the death penalty for the following reasons,

1. young age of the accused
2. their social circumstances
3. mitigating circumstances
4. no proof of who brutalized Jyothi

With regard to the Soumya case from Kerala the SC was happy in absolving the accused from death penalty. Soumya was pushed from a moving train and raped by govindachamy. She later died in a hospital of head injuries from the fall. The reasons given by the judges was that govindachamy had no intention of killing Soumya, he “just” wanted to rape her. Moreover there is no proof that Soumya did not jump from the train on her own! govindachamy is in Kerala prison having his daily mutton curry which he earned through a strike. He has put on 8 kilos since his incarceration.

What we can safely assume is that the SC would save these four from death penalty and may give such frivolous reasons. The government as usual would go for a curative/review petition but in vain. They would be happily living in Tihar for the rest of their lives. It should be noted that one of the accused had told Leslee Udwin in her documentary “India’s daughter” that Jyothi should have just lied down and she that paid for her retaliation.

Her cries for help which shocked the whole world would not be heard by our esteemed SC judges. Had these two been appointed earlier one of the accused would never have committed suicide.
Manmohan Singh had said that her death would not go in vain which is just going to happen.

And finally if someone is saying that her soul would not rest in peace, the answer should be “GO TO HELL” both the questioner and the soul of Jyothi.

Advertisements