Lawfully yours: By Retd Justice K Chandru

Law will catch up with ‘dentist’ ASP, but lesser evils in custody go unpunished

Weeks after details of an alleged custodial torture by an IPS officer surfaced, the accused person was suspended with Tirunelveli District Crime Branch police filing a case. The third-degree torture by the then Assistant Superintendent of Police included plucking the teeth (three or more each) of a trio picked up for questioning in a case between two gangs. Since the case is very strong and evidence of torture too glaring to be concealed, we’ve seen action in the case. What about other minor cases that go unheeded? Is there no way out to put an end to custodial tortures?

— Rajasekharan, Kelambakkam

Despite rights enshrined under Article 22(1) of the Constitution and the 11 commandments laid down by the Supreme Court regarding the rights of the pre-trial accused in DK Basu’s case (2011) the police have not learnt their basics. The judges who ought to have zealously safeguarded these rights are not keeping enough vigil. The Sathankulam magistrate mechanically ordered remand without seeing if there is any injury on the person of the accused two who died in custody. Despite the complaint, no action was initiated, though the guilty police are standing a murder trial. The ASP who became a dentist will certainly face action. But the innumerous lesser evils go unpunished. Public vigil is the eternal price for freedom.

Bench fixing: Attempt to have horses for courses will never succeed

In an ongoing public interest litigation, what are the legal options if the opposing party lodges a complaint against a judge who has already finished two hearings? The opposing party or defendant has persistently sought time to counter the petition filed for public cause. But, so far, instead of countering, the defendant has only lodged a complaint stating that they don’t want the particular judge to chair the Bench. The motive appears to prolong matters.

— A Doss, Madhavaram

Bench fixing is a game which lawyers play. One of the tricks is asking the judges to recuse themselves from hearing or seek the transfer of the case to another court. Sometimes they succeed in delaying matters by their deeds. But mostly, such tricks never succeed. Lawyers and clients don’t have the right to choose the bench for their cases. The attempt to have “horses for courses” will never succeed.