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| ‘CM seems unaware of principles of natural justice' | | Nobody shall be a judge in his own cause | | ET Report
JAMMU, Oct 9: Ever since the alleged custodial death of National Conference worker, Syed Yusuf in Crime Branch custody, the Chief Minister has been talking of a judicial commission. Omar has also expressed willingness to face the commission.
The judicial commission, Omar must know, cannot punish anybody. It can only recommend measures. The recommendations of a commission are not mandatory. The government may or may not accept them. The government of the state for the time being is run by Omar Abdullah. If the commission finds Omar involved in Yusuf's killing, what shall he do? Obviously he will reject the recommendations and thereby cause `miscarriage' of justice. This is why jurists have said that a person should not be a judge in his own cause. It is against the principles of natural justice.
A judge is not supposed to hear the case of his relatives. He has to make a statement to this effect if such a case comes up for hearing before him. Such case, in the best interests of justice, is transferred to some other judge.
There is another reason fore the people to reject probe of the death by a commission. Successive state governments have eroded the credibility of institutions. The fate of the Jan Commission that probed the twin rapes of Shopian in 2009 is known to every body.
The history of Commissions in India speaks volumes about their inability to administer justice. The demand for resignation of Omar Abdullah and his MoS Home, therefore, carries weight. As long as they continue to remain in office, a free and fair probe by any agency is not possible. Remember justice is not only to be done it must also seem to have been done. |
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