The writer is a columnist. He is also a former editor of the Mumbai-based English newspaper Mid Day and the Gujarati paper Divya Bhaskar
aakar.patel@tribune.com.pk
Why are we even surprised? If I were the Italians, I wouldn’t come back either and I think it’s understandable if their government lied.
Nobody trusts our justice system, including most Indians, and the only people who say they do are the accused who have no option.
Our record is atrocious and open for scrutiny. Almost any case you take — even one as crucial as Abu Salem’s — will be messed up in monumental fashion. I’m not going to bring up Amit Shah, Gujarat’s former home minister, who is himself on bail and facing serious charges while in office. Who will trust this justice system?
My friend Yug Chaudhary, who campaigns against the death penalty in courts across India, will tell you stories about law in India that will make your hair stand on end. I could tell you a few, too. You need to have credibility if you want the world to send you its citizens for trial. India has none. We should accept that and clean up our act rather than blame the world.
To come to the case of Ram Singh, the man accused of murder and rape who hanged himself despite being unable to use one arm — how did he do this?
I’m interested because my beat as a newspaper reporter was at sessions court and I have spent some time inside jails.
Prisons don’t have fans inside the cell (or shouldn’t). The only way to “hang” yourself is to slip a rope or thin strip of fabric over the horizontal bars of the cell wall and then sit down and allow your body to choke itself through gravity in a noose. This is difficult and requires determination. I’ve not known of many cases where this is successful.
In an orthodox hanging, where a stool or chair is kicked out from under you, or you plunge into the gallows like Saddam Hussein, death comes from the snapping of your neck — not from slow strangulation, which is how it would happen in a jail cell death.
What did Ram Singh do? We have no idea. According to Hindustan Times, “he hanged himself from a rod in the ceiling of his cell in Jail No 3 using his clothes”. The paper added that “another version had it that he hanged himself from the ventilator grill”. Zee News had a third version, that he had “used a part of bed linen”.
The whole thing had been delayed by a day and Times of India said, incredibly, that “the postmortem could not be conducted as Delhi Police could not submit the required papers to the hospital on time”.
One of the cruel things about being in an Indian jail is the lack of privacy. There is always someone around you. Not just the police but other prisoners (one report said Ram Singh shared the cell with three people). Solitary confinement here doesn’t mean what it does in the West.
There are also closed circuit cameras observing inmates, especially those in solitary confinement. How did Ram Singh evade all this?
And then the material is not easy to fashion. Just cutting the clothes you have into straight strips and knotting them properly requires skill and application. A man with one dodgy arm would find it more difficult. Where did he get the tools from?
Making a noose isn’t easy (try it). It requires for the knot to be of high quality, such as a slip knot, and placed in a particular way opposed to the carotid artery.
Nothing about this case should give us confidence in ourselves. Our record is poor and a humiliating and very public demonstration of it is on view every other day. All of us have seen the police do unlawful things, like thrashing offenders, even children, rather than proceed per law.
The police in India in such a case as Ram Singh’s are guilty unless proven innocent.
This is unfortunate, but their record makes it true. And if we accept that, we should not insist that those poor Italians martyr themselves to our incompetence.
Published in The Express Tribune, March 17th, 2013.
COMMENTS (25)
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Much is wrong with the Indian justice system. It's relatively poorly funded, there is corruption particularly at the lower levels, it's slow and vulnerable to being gamed by those who have financial resources and help of expensive lawyers against those who don't. But of all these problems, to focus on this one case - I don't know this area very well, but the article seems rather overdrawn.
@Razi: That may well be true. It is upto people in Pakistan to determine what the true problems are and work to fix them.
India does not shove bad news under the carpet and should continue to openly debate problems. How else would we solve them? I do see articles in Pakistan about problems like sectarian violence, violence on women, disproportionately low amount spent on education etc. but I do not see the media keep on with the issue until the government is forced to act. that is the key difference I have observed in he 2 media. Another difference I have observed is that both hold politicians accountable (good thing) but I have never seen stories about corporate corruption in Pakistani media. Not that Indian media is blemish less - but there have been many scoops on corporate corruption also in India and hat is necessary. Finally no one in India is intimidated by the army while in Pakistan even the judges are afraid to hold them accountable (witness the judgment in Balochistan missing person case where army refused to even send people to testify but no one dared to hold them accountable for contempt of court and there was nothing in he judgment about role of FC).and media too largely tiptoes around very serious issues.
@jsm no diffrent here either man look it davis raymond and many more.. justice sucks in both countries
I wait to hear from Pakistan about the Italians who got away from the clutches of Indian justice system thanks to the brilliance of their diplomats.
@author, You have explored some aspects of 'hanging one self' in a prison. A pair of trousers is long enough and strong enough. May be Ram Singh made a rope, looped it around the grill, stood on the window ledge, put the rope around his neck and jumped. It is possible. We have no knowledge of facts. You complain about lack of justice, then go on to say " police are guilty unless proven innocent". That logic will make Bertrand Russell turn in his grave. That too is obviously illogical.
@ Aakar Patel I want the author writing some successes too about India!.
You have raised points that forces one to think about the weakness in the judicial system's of both India and Pakistan. In my view we have less of the judicial and more of the ' system ' (negative connotation) and this needs addressing.
@gp65 I can say exactly the same thing about some Pakistani columnists that Indians love to celebrate because of their incessant and frequently biased criticism of all things Pakistani. Their criticism is also not legitimate and seems to be only geared at appeasing the Indians who come here.
If my assessment is right its I think its slightly better than Pakistan but falling short of UK and US.
Well said sir,Truth is in between not black not white its grey I think our justice system is 70% perfect. 7 out of 10,I suppose.3 and 1/2 stars out of 5.
@Ali Tanoli: Strange, you Pakistani's say that no India existed before 1947, so from where this million came. You all Pakistani's are confused.
@Akaar Patel, The justice system is flawed, selective and slow, we all know. But the problem is more basic than that. People do not take their responsibilities seriously. The casual attitude of people in every walk of life has made India a nation that has started to rot. In a status concious society. People are indoctrinated right from birth with beliefs that make life less dependent on real knowledge, effort and common sense, and more on non-sensical religious beliefs emanating from at least 12 million places of worship. It would be surprising if the outcome was any different. The solution is privatise 'GODS' backed up by the full force of law. Oh, but you will say the justice system is too slow for it to be effective.
@Lala Gee: I always feel pity when the trolls take pride in the virtuousness of the Indian justice system and try to defend some grave injustice. Oh sorry if that hurt you... Next time we the 'Indian Trolls' (reads more like Indian Artillery) shall take pride in Pakistani justice system (because the lawyers and judges are busy executing decent governors and celebrating the murderer as a champion and ordinary Pakistanis are themselves so 'proud' of it!!) where the judge replaces an elected PM and Army conducts periodic coup (Its a Pakistani version of elections i guess - only difference is the Army chief elects himself every time!!!)....
@Lala Gee: At least in India judges don't have to leave their country to save their life after passing judgement and stop referring Indian as Hindu. India is a country for Hindu, Sikh,Muslim, Jain .... unlike yours which is only for Sunni Muslim.
There are also closed circuit cameras observing inmates, especially those in solitary confinement. How did Ram Singh evade all this? Very Simple... Its the exact same way Mr. Aakar Patel selectively evades logic as regards 'Songress' (previously called Congress).... By the way Mr. Patel you must be reminded you are writing this article in a newspaper of a country which is gradually moving towards - 'Shariat'....
Failings of the Indian justice system Mr. Patel, if there is one thing that Pakistanis will surely learn from you it surely is how to create nuisance value and sell it to someone... Kudos by the way for the 'business' tactics that you have built up meanwhile to sell your 'Articles'...
@Aakar: The fact that Indian courts have long pendency and a measure of corruption in the lower courts are legitimate criticism of the Indian justice system. The large number of under-trials who wait for years at end to be tried while still in jail is another blot.
This absurd conspiracy theory is not one though that merits such criticism.
@Lala Gee : Problems in India are discussed openly in India. No one accused Amir Khan of reducing India's prestige internationally by discussing one problem after another in his series Satyamev Jayate. Problems can only be solved if they are acknowledged. People have a problem with Aakar Patel, Seema Mustafa etc. because their criticism is not legitimate and geared primarily for appeasing their Pakistani audience.
@Lala Gee: Sir, how dare you try to expose the Indian justice system, and that too in a Pakistani newspaper, which has already been conquered by the ‘Hindutva’ die hards with their endless trolling. Dude the right question is - Sir, how dare you try to expose the Indian justice system, and that too in a Pakistani newspaper, which has already been conquered by the ‘Islam’ die hards with their endless trolling.
Sir, how dare you try to expose the Indian justice system, and that too in a Pakistani newspaper, which has already been conquered by the 'Hindutva' die hards with their endless trolling. Be prepared for verbal lynching by the claimants of self-righteousness, which, in fact, they also really believe-in as well. It would be amazing to read the justifications given by these righteous people supporting the dispensation of quick justice, in violation of law though, to the 'accused' in case police was involved. Anyhow, thanks for being honest and telling the truth, which world already knows in more detail than the Indians themselves. I always feel pity when the trolls take pride in the virtuousness of the Indian justice system and try to defend some grave injustice. However, to be fair though, Pakistani justice system is also not very different either. Perhaps, this fact could provide some solace to these claimants of self-righteousness.
@Ali Tanoli:
Well said Sir. You surely must be an internationally recognized expert historian.
@ Author, Just to remind Aakar Ahmad,
In October 1984, more than 3000 innocent Sikhs were butcherd in Delhi alone, the capital of India just in 2 days and in which not even one non-Sikh got killed. This was when Congress was in Power for which no serious investigation was done, SIT was formed by the Supreme Court and no journalist hounded Congress for its complicity in most horrific massacare of fellow citizens.
For this genocide of Sikhs, not even one person has ever been convicted and found guilty by the same justice system. There are witnesses who pointed out fingers to three then stiing MPs of Congress in Delhi namely HKL Bhagat, Sajjan Kumar and Jagdish Tytler and Kamal Nath. HKL Bhagat died but rest are enjoying and sharing bread with Congress high command. Did you ever write about that lapse of Judiciary? Amit Shah has his case in the court and let the decision come.
"To come to the case of Ram Singh, the man accused of murder and rape who hanged himself despite being unable to use one arm — how did he do this?"
Are you serious? How do you know that he was unable to use one arm?
How the heck in the world was he driving a BUS in crowded New Delhi with one disabled arm? heck, you can't even drive a car with one arm. Please check your sources.
I agree with your writing after a long long time. Indian justice system is a BIG FAILURE. By allowing this guy to be hanged, our justice system has murdered the rape victim for a second time.
The right content for the land of conspiracy theories. Kudos to Mr. Patel, at least he sells his wares in the right markets.
rigid india since millions of years...