A Brilliant Scan of the Bombay High Court Acquitting All the Twelve Accused by Mihir Desai

[Sukla Sen]

Just brilliant!

I. It has so very cogently and lucidly brought out the following three grounds, meticulously and conscientiously uncovered by the Court, on which all the 12 accused have been acquitted:

AA. The witnesses produced are found unreliable.

BB. The integrity of the seized incriminating materials -- RDX etc. -- was not maintained as per the book.

CC. Most importantly, the confessions were extracted via custodial barbaric torture.

II. The judgement has very admirably refused to pander to the blood lust of the public.

III. The gaps in this sort of path breaking judgement:

AA. No compensation ordered either on the ground of torture or ruination of lives.

BB. No fixing of accountability of the concerned officials of the investigating agency which took the easy and cruel path of showing up a rabbit as a tiger in order to claim solving the case and botched up the investigation.

IV. The real culprits of the heinous crime, hence, have gone scott free and, most likely, are roaming free.

Just one gap in the article.

It doesn't flag the role of the lower court that went whole hog with the prosecution.

This is no doubt an excellent illustrative case vividly giving out the state of criminal investigations and the justice system in the country. In particular, where Muslim "terrorists" are involved.

Peace Is Doable