‘Justice loses character when becomes revenge’: Indian Chief Justice

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TBS Report
07 December, 2019, 08:45 pm
Last modified: 07 December, 2019, 08:49 pm
The killing of four accused in the vet rape and murder case in an alleged 'encounter' led to celebrations in some quarters and concern in others

Indian Chief Justice SA Bobde on Saturday said justice can never be instant and loses its character when it becomes revenge.

The chief justice came up with the remarks a day after all the four accused in the rape and murder of a young veterinarian in Hyderabad were shot dead in an alleged encounter. 

The news of killing in the 'encounter' led to celebrations in some quarters and concern in others.

The justice system must reconsider its attitude towards laxity in disposing of criminal matters. The judiciary must be aware of the changes and perception about itself, said Bobde at a function at the Rajasthan High Court, reports PTI.

"I don't think justice can ever be or ought to be instant, and justice must never take the form of revenge. I believe justice loses its character of justice if it becomes revenge," said Bobde who took over as the Indian chief justice last month.

"There is a need in the judiciary to invoke self-correcting measures but whether or not they should be publicised is a matter of debate," he said.

Indian Law Minister Ravi Shankar Prasad, who was also present at the event, urged the Chief Justice of India (CJI) and other senior judges to ensure that there is a mechanism to monitor quick disposal of rape cases. 

The women of the country are under pain and distress and crying for justice, said Ravi Shankar.

The chief justice also advocated making pre-litigation mediation compulsory that could help avoid litigation altogether.

"We have to devise methods for not only speeding up litigation but all together preventing it. There are laws which provide for pre-litigation mediation," he said.

Bobde also referred to the press conference held by four senior most judges of the Supreme Court last year and described it as "a self-corrective measure". 

On January 12, 2018, Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurien Joseph had held a press conference saying the situation in the top court was "not in order" and many "less than desirable" things had taken place. 

Later in the year, Gogoi succeeded the then CJI Dipak Mishra.

"I believe the institution (judiciary) must correct itself and indeed it did when the much-criticised press conference was held. It was nothing more than a self-corrective measure and I do not wish to justify it," Justice Bobde said.

The 25-year-old veterinary doctor was allegedly raped and killed by smothering and later burnt on November 27. The incident led to widespread outrage and brought back memories of the December 16, 2012 Nirbhaya case. Police arrested the four accused on November 29.

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