Sunday, April 21, 2013

JUSTICE (? ) OF PEACE

Magistrate: Dictionary defines as Public Officer responsible to administer law and justice.          : United Kingdom : Magistrate is known as JUSTICE OF PEACE.

Magistrates in India are criticised for being mechanically remanding persons brought before them to police custody or judicial custody for two weeks.The Supreme Court has passed strictures on this tendency more than once.. Instead of administering law most of the Magistrates simply function as extensions of Police.

Gunavati means a woman possessing good qualities as a person. In Tamilnadu Judicial Service there is an officer called Gunavati (source :newspapers ).In 2000 she remanded one woman to custody for two weeks..the woman was cheated by her lover once he learnt that she was pregnant.. She complained to the police. When taken to the Magistrate , Gunavati remanded her without any enquiry. The complainant became the accused , who did not know why the Magistrate sent her to custody.  DNA test showed that the person who cheated her was responsible for her pregnancy.

It took more than twelve years for the case to be decided upon, Gunavati filed false affidavit before the High Court denying any wrong-doing. The High Court ordered that Gunavati should compensate the complainant with Rs 100,000 with costs amounting to Rs. 10,000. The court passed severe stricture on the conduct of Gunavati and recommended the state government to initiate disciplinary action against her.

A great judgement, no doubt. But it took more than ten years to get justice for the woman whose right  of free movement and liberty was deprived by a judicial authority arbitrarily., thanks to a determined lawyer and the majesty of higher judiciary.





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