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**Victim** (job)     17 April 2013

Last jury trial in india

 

https://en.wikipedia.org/wiki/KM_Nanavati_v_State_of_Maharashtra

https://hindiserials.tv/savdhaan-india-at-11-crime-alert/

 

 

KM Nanavati Vs State Of Maharashtra. Folks today i came across a very interesting case which ended the jury trial in india. I am sure most of the lawyers would know about this but this is how our india reacted when wife's were involved in adultery. Please share your thoughts.....

 



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 3 Replies

**Victim** (job)     17 April 2013

 

I never new that indian legal system use to operate in this manner then why they stopped it ? In United States, being a U.S. Citizen we get selected for jury duty within 3 or 4 year cycle. Once the summonse are mailed to jurors, they are asked to come to court on a particular day at a particular time. If you are scheduled to work then law states that you must participate and employers can't stop their employees from appearing in jury duty. (It's the law !) If the selected jurors are in school or college or GC holder then they are exempt from this trial. Then in a big court house jurrors are assigned to specific case either civil or criminal case. After being sorted in this manner, jurrors are asked to come to court room where they are given series of questions related to trial. Especially if you know someone related to the case then judge will exempt you to appear in that particular trial. If all questions answers which are set according to trial are met - then again the sorting takes place in which jurror will be called to come infront of judge and lawyers from both sides also stand next to judge and if they have any objection as far as jurrors interest in that case lies then they can request judge to exempt that particular jurror. After this rigorous series of questions if you are lucky enough ( I feel privileged !) and get to sit in that trial then you are not even allowed to discuss case details with any of your family members or friends or any media person. As far as pay from work is concerned most jobs pay while employee is serving as a jurror during trial and court will also pay you.


Oh yes, bunch of jurrors do not like to sit in trial so they try all kind of nuisance such as coughing thousand times in front of judge pretending that they have viral infection so that judges can dismiss them but it doesn't work that way. No cell phones are allowed in the court room even a minor vibration in phone would be picked up by the sensors in the court room and police officer can immediate ask you to shut it off. A proper attire is required while serving as a jurror. Atlease 5 or 6 jurrors are required for trial to take place.  So far this is how United States legal system operates.....why can't indian legal system operate like this ?

Tajobsindia (Senior Partner )     17 April 2013

1. Jury trial was abolished by GOI in 60's.

2. The jury in the Greater Bombay sessions court pronounced Nanavati not guilty with an 8–1 verdict, which was overturned by higher courts, on the grounds that the jury was misled by the presiding judge!

3. The case you have quoted itself speaks volumes as to why jury trials are not suitable in India.

4. The ld. Session’s judge considered the acquittal as perverse and referred the case to the high court. The prosecution argued that the jury had been misled by the presiding judge on four crucial points. One, the onus of proving that it was an accident and not premeditated murder was on Nanavati. Two, was Sylvia's confession of the grave provocation for Nanavati, or any specific incident in Ahuja's bedroom or both. Three, the judge wrongly told the jury that the provocation can also come from a third person. And four, the jury was not instructed that Nanavati's defence had to be proved, to the extent that there is no reasonable doubt in the mind of a reasonable person. The court accepted the arguments, dismissed the jury's verdict and the case was freshly heard in the high court. Since the jury had also been influenced by media and public support for Nanavati and was also open to being misled, the Indian government abolished jury trials after this case.

5. Donot allow us to remind you of instance of US Jury trial gone bad in several cases which were overruled later by Supreme Court (of a State) and what is the general opinion of Jury trial by different States of The United States of America itself !

**Victim** (job)     17 April 2013

Sir while jury system itself is time consuming and expensive it doesn't allow judges to come to the heart of the case right away. The good part of jury system is that jurrors are from diverse group and if based on the trial proceedings, jurrors believe that accused should be acquitted then they are free to go. The key is who is making decision ? Don't you think it is good to have more than one person to decide on you rather than having one judge or two or three bench in SC or HC (where my hair can turn grey) until they make their decision. The bad part of this is if the accused is falsely acquitted then this is when Supreme Court Comes in to the role where they have powers to rule lower court decision and i am sure this happens in india also. But don't you think that while most of victims like me are still fishing in lawyers club india they could have been better well off on the hands of the people where they know that law is clearly misused and they would have had better chances to start a new life right away rather then dragging the issue for years and years. I beileve jury system is excellent atleast defendant gets a fair trial chance and judges can do very less about it.


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