Today I thought something, what if I was the defense
lawyer for the convicts in Nirbhaya case, and what would I do to save my
clients from the execution of death sentence in the last minute. I was thinking
of various arguments and suddenly something striked my mind. I framed arguments both as a devil's advocate & as advocate of justice.
A devil's advocate's argument:
I came across interview of Hangman who hanged the
convicts today morning. This interview was taken five years ago, and the
hangman made a statement that “When these
four rapists come before me, I would make them suffer before they die by leaving the knot loose". While thinking words of Honorable Chief Justice
of India SA Bobde’s words came to my mind. Hon’ble CJI in a press release
stated that Justice can never take the
face of revenge. The intention of justice is not to put the convicts in immense
pain before they die. If revenge is taken, there is no difference between
justice & revenge. So the point I would raise before Court is how can the
authorities entrust such a duty to a hangman who in open media told that he
will make the convicts suffer before they die?
After
the late night legal battle, though the petition was dismissed by Honorable
Supreme Court & High Court for want of new grounds, this point was not
taken. May be it could had been a possible ground to stay execution until
another hangman is found.
As Advocate of Justice:
I thought from Nirbhaya's mother's perspective, every
girl's perspective. The pain nirbhaya had gone through for days and she
couldn’t even have a drop of water before she was martyred.
I realized something that justice is something beyond
what rule books dictates. As an advocate, my role should be inclined towards
responsibility as officer of court. The role of each advocate is to become a
means to deliver justice and not to delay justice because each lawyer is ultimately
a servant of justice.
As an advocate situations will arise where I have to pick
the side. This doesn't mean prosecution side is good and defense is bad. This
doesn't mean that an advocate saving an accused person from punishment is
devil's advocate. Such a prejudicial approach isn't good. An advocate appeared
for an accused is doing his duty by ensuring that the accused get access justice.
But, advocate shouldn’t embarrass the
law and delay the justice, because justice delayed is justice denied. The
moment an advocate does something towards delaying justice, he cease to become
a promoter of justice and becomes a devil’s advocate.
The only submission I have to make is both devil’s
advocate and Promoter of justice reside within us, both good and bad reside
within us. It’s upon us to pick up the side, remember one thing, WE always a choice to make.
