Smearing the face of justice

Justice loses character if it becomes Revenge.

Lynching by mob, of “cow smuggler”, killing a person allegedly involved in “Human trafficking”, or the recent one encounter by police of 4 people allegedly involved in heinous crime like “Rape” are some of the incident that nourishes a belief system of revenge mentality. Celebration of such incident by common people is nothing but celebration of social coronation of these amature revenge seekers in par of judiciary. The person for which revenge was taken, had he/She been alive, He/She must have asked the perpetrator the most crucial question “WHY”. This is the same why that judiciary investigates, this is the same “WHY” that has now been buried by these revenge seekers.

“Judicial system” of any country is like “Economic prosperity” both are has become very complex but are flourishing because of very fundamental philosophy “Faith”. Faith on Currency and Justice delivered by judiciary keeps economy and Judicial system respectively alive. On the other hand activities like “revenge” has same impact on “Character of Judicial system” as that of Fake currency on economy. Both makes the entire system collapse from inside in long run.
Talking about ethical grounds, revenge is an emotional outcome. And emotions are engendered by local circumstances which can be natural or artificial. So taking life of someone without any standard investigation just based on sudden emotional outburst can’t be sanctioned on ethical ground.    
Perpetrator of crime does not belongs to any particular class, they can belong to any economic/political/social background. It was this understanding that gave birth to the idea of “Independent judiciary”. For example Prime minister in our country is real executive head unlike President who is nominal . If Prime Minister commits any sort of crime its easy to use executive machinery bestowed on him by constitution  to frame any one else in the absence of judiciary without any one guessing his indulgence. This is possible and hence unlike “President and Governor “                                                                                                               the constitutional maker has given no legal immunity to Prime minister and infect has equated him other ordinary people of India under Article 14 . Its only through an Independent judiciary that can dig the root cause through constitutional machinery to check any spurious activity.

Revenge mentality of society shows a loose grip of law and enforcement agency, but celebration of such act exudes much darker picture. It project a society  that has lost its faith and credibility of judicial system; A society which no longer wants to wait for justice ; A society  which want instant justice, or any action masquerading as a just action no matter how much injustice that act has encapsulated from within. Therefore every act of revenge smears the face of justice, one of the most important pillar of Democracy. The more will be action of killing(Revenge) more will be celebration by people shattering belief system that has been crystallized after a long period of struggle. Onus of saving these belief system in short run and democratic values in long run lies with judiciary by reinforcing rule of law and not abiding by the popular feeling. Judiciary has to use its available machinery to educate people the most basic fact that “Pima facie judgment” is often wrong. Re-crystallizing the  belief that “even if justice is delayed for an indefinite period, but an innocent person shall not be persecuted in this judicial system”. In practical death of an innocent person provides double blow to reputation of judiciary. First it completely erodes faith of that person(innocent) and their known relatives and friend. Secondly it motivates the criminal to make mockery of justice again and again.
Worst of all, when executive machinery like police system is involved in such “act of revenge”. It provides a massive blow to the “character of justice”. The message that even police does not have faith in judiciary is nothing but a call for resuscitating medieval era.

Government on the other hand has moral responsibility to embellish social fabric with judicial faith but since it’s a blow on the reputation of judiciary therefore judiciary without any explicit help of other pillars of democracy, need to overhaul the entire machinery to maintain both faith and Independence from judiciary . even if cooperation is required that cooperation should be led by judiciary and not by legislature or executive. Judiciary must ensure that the constitution is upheld and justice is delivered with  “procedure established by law” . No war is win by emotions and war against crime is no exception. Other than judiciary and executive it should also be our moral responsibility in rebuilding the faith in judiciary after all we are the major stake holder of democracy. Its high time that instead of listening  to media trials and rumors we should listen their voice who were killed, for whom revenge are being planned.

Had they not been dead they would have asked the most crucial question “Why”. Why only he/She was killed? .they would have asked this not only for them, but for this society as well so that others would not face the same consequences. Once revenge is taken irrespective of whether the person killed was real perpetrator or not, you can’t ask why on his/her behalf.