THE HINDU Editorial Vocabulary - May 9, 2018 - Topic 2

For a fair trial

On shifting the Kathua rape and murder case

In shifting the case of the abduction and gang rape of an eight-year-old girl in Kathua district in Jammu and Kashmir to Pathankot in the neighbouring State of Punjab, the Supreme Court has taken the first necessary step towards ensuring a fair trial. It is unfortunate that despite the horrific nature of the crime, which took place over several days in January, when the girl from the nomadic Bakherwal community went missing, some sought to see the incident along sectarian lines. 

Contradictions on communal and political lines came to the fore. The formation of a Hindu group in support of those arrested by the J&K Police Crime Branch, and the action of some lawyers in Kathua in heckling the police when they came to file the charge sheet, contributed to the impression that the atmosphere in the town is too vitiated for the conduct of a fair trial. In addition, sections of society, including political parties and lawyers, demanded that the Crime Branch investigation was not fair and that it should be handed over to the Central Bureau of Investigation. Fortunately, the Supreme Court has not countenanced this demand. Considering that the investigation was conducted in a fairly quick manner and the charge sheet was ready within two months, there is no legal reason for the probe to be taken out of the hands of the police and handed over to another agency. In the normal course, only deliberate inaction on the part of the State police is a reasonable ground for shifting the probe to another agency.

The transfer of a criminal trial from one State to another is an extraordinary step that the Supreme Court alone is empowered to take. The State out of whose jurisdiction the case is taken may have reason to feel aggrieved as it is seen as a reflection of its handling of law and order. However, in this case, the reason for transferring the Kathua case to Pathankot is no reflection on J&K. It has been done solely in the interest of a fair and speedy trial. The court has reasoned that for a genuinely fair trial, “there has to be a free atmosphere, where the victims, the accused and the witnesses feel safe”. In addition, the court has passed directions necessary to ensure a speedy trial too: day-to-day hearings, no unnecessary adjournments, and no delay between the examination of witnesses and their cross-examination. In a departure from the rule that the prosecutor is appointed by the State to which a case is transferred, the apex court has allowed J&K to appoint a public prosecutor to conduct this case. The trial will also be in camera. The court’s directions should inspire confidence in the justice system and instil courage among the witnesses. It is now up to the investigators and prosecutors to ensure that the guilty are punished.

Vocabulary

Abduction: the action or an instance of forcibly taking someone away against their will.

Example: They organized the abduction of Mr. Cordes on his way to the airport

Unfortunate: having or marked by bad fortune; unlucky.

Example: The unfortunate Cunningham was fired

Synonyms: unlucky, hapless, jinxed, out of luck, luckless, wretched

Horrific: causing horror.

Example: Horrific injuries

Synonyms: dreadful, horrendous, horrible, frightful, fearful, awful

Contradiction: a combination of statements, ideas, or features of a situation that are opposed to one another.

Example: The proposed new system suffers from a set of internal contradictions

Impression: an imitation of a person or thing, especially one done to entertain.

Example: He did an impression of Frank Sinatra

Synonyms: impersonation, imitation, parody, caricature, burlesque

Vitiate: spoil or impair the quality or efficiency of.

Example: Development programs have been vitiated by the rise in population

Countenance: a person's face or facial expression.

Example: His impenetrable eyes and inscrutable countenance give little away

Synonyms: face, features, physiognomy, profile, (facial) expression, look

Deliberate: done consciously and intentionally.

Example: A deliberate attempt to provoke conflict

Synonyms: intentional, calculated, conscious, intended, planned, studied

Empower: give someone the authority or power to do something.

Example: Nobody was empowered to sign checks on her behalf

Synonyms: authorize, entitle, permit, allow, license, sanction, warrant

Accuse: charge someone with an offense or crime.

Example: He was accused of murdering his wife's lover

Synonyms: charge with, indict for, arraign for, summons for, cite for