On Justice and State Accountability: The Acquittal of GN Saibaba and Others
The QuintIn fact, the procedural lapses, in this case, extend to the fact that the accused were tried and convicted by the lower courts, despite blatant violations of procedure in the collection of material and electronic evidence, and weaknesses in the presentation of witnesses and their statements. Therefore, the court’s finding of ‘failure of justice’, points to the fact that the case should never have been admitted in the first place. The phrase ‘failure of justice’ in this sense, though referring to the legal consequences of procedural violations, alludes equally to the failure of the judicial system’s obligation to protect and uphold the rights of the average citizen. This is the failure to provide justice – understood here not just as upholding law or adhering to judicial procedure, but as a civic virtue and value, a manner of governance that grids the entire idea of rights.