Rule of penology

Dear friends,    

Rule of penology.

There were two headlines about Uphaar Talkies in the news papers. First says money 'Douses' fire, but not the burns. Another heading was 'Rich can get away by paying money: Victim.

Can an ordinary man is in a position to pay 60 crorers of fine? The Ansals have to pay that much of amount and in addition to it they had been in jail for a long time about a year. It is true that the victims have lost their family members and wish that the accused should e awarded exemplary sentence. Even if Asnsals are sent for jail for maximum period of sentence of two years what the victims those who are alive and the kit and kin of the deceased persons will achieve more. It is just a pseudo satisfaction and nothing more. In fact the brothers have been sufficiently fined and no liberty has been given to them. Even if review petition to be filed by CBI might be allowed they will be sent to jail for one year more but at the same time the Supreme Court may sufficiently reduce the imposed fine on them. Ultimately the sentence and fine should be according to penology and not arbitrary.

Secondly it has become a fashion of few people who are interested to damage the democratic system of India by attributing allegations against judiciary that rich can get away by paying money. Be sure it is never done. The courts have no interest or personal likes and dislikes to enhance or reduce sentence.  Now a day every person has become a learned judge - an advocate and thinks that he is the expert of the experts. Every body including an employee or servant is leader and looks, talks, behave and act like a Neta. He always cross his limits and thinks that his opinion is final opinion and no one should give second thought to it. One may have one's own opinion and may express but at the same time one cannot attribute allegations against others.

If a fine of Rs. 60 crorers is imposed on an average person same sentence will be uttered. No question of poor and rich arises before judiciary. While sentencing an accused it is always necessary to look in to the   circumstances of the case, nature of the offence, under what circumstances the offence was committed and most importantly the antecedents of the accused person.

Thanks.

P.V.Namjoshi

Advocate, High court only.

108, Dashahara maidan,

Ujjain, M.P.