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Jessica Lal Case: Justice not served

There is a common saying in Hindi movies, “Kanoon andha hota hai” (Law is blind), this sentence stands true to every word in reality too. We are all aware of the fact that the ‘high class’, especially in India are capable of getting away with anything…even a Murder.

On 29th April night, seven years ago…a young model Jessica Lal who offered to act as a celebrity bar-tender was shot dead at a party in Tamarind Court (a newly opened bar then, in South Delhi) for refusing to serve drinks to a guest who landed up at 2 am, way after the bar was closed. This unfortunate incident took place in a ‘high class’ gathering were most of the guests were VIPs, businessmen, top industrialists and celebrities who showed up for the party thrown by Delhi socialite Bina Ramani and fashion designer Malini Ramani. More than 100 people were present that night and most likely had witnessed the death of an innocent women.

However today, prime accused Manu Sharma, son of serving Haryana minister Vinod Sharma, walked free along with eight others after the additional Sessions Judge S L Bhayana said that there was no evidence against the accused and the prosecution had failed to prove its case.

The reasons cited by the judge behind decision are :

  • Three key witnesses — model-turned actor Shayan Munshi, one Karan Rajput and electrician Shiv Dass had turned hostile. They re-tracted their initial statement given to the Delhi Police.
  • The weapon of murder was never recovered from the place of the crime.
  • The CFSL, which examined the bullets —one recovered from the spot and the other lodged in Jessica’s body — found they were not fired from the same weapon.
  • The above reasons basically compelled the judge to let go of the accused and once again putforth the loopholes in our legal justice system. It showed the inefficiency and lack pf credibility in our Police force and also how easy it is for the ‘high class’ people to buy their freedom.

    To Jessica’s family, the court’s decision does not come as shock. Sabrina (Jessica’s older sister) become well aware of the power of ‘money’, who lost all faith in the justice system the day Manu Sharma got out on bail. According to her, the case became weaker and weaker after being dragged in Delhi courts for seven years. She believes that the accused had bought over the witnesses and investigators in the case and stated, “At every step, money was working. Witnesses turned hostile. The forensic report messed up the case and the murder weapon could not be recovered”.

    Jessica Lal’s case like many other cases will never see justice being served. As always, the media and the public will forget, killers will continue to live their lives as respected citizens… but for the families of such innocent victims, life will be an on-going nightmare. A guilt, that they were not there to protect their loved one when they were alive nor bring them peace after their death.

    (picture taken from Indian Express)

    Further Updates, please go here.

    Verdict at last. Read about it, here.

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    achieve their ulterior motive. They are most common among are politicians, terrorist groups, rapists, murderers, etc. For example, Netaji Subhas Chadra Bose’s death in a plane crash in 1945 is a fact or was fabricated by the then Congress government orManu Sharma, the prime accused in Jessica Lal’s murder case. Then there are lies which one commits with the intention of damaging someone else’s reputation or image in the society, out of plain jealousy or grudge. Example -

    Pingback by Desicritics.org: Media, Culture, Politics, Sports and More with a South Asian Focus — May 8, 2006 at 9:41 am | #

    eagle, a typical pg 3 celebrity and last but not the least , new age gung-ho electro-journalist trying ot deliver justice or rather deliverance to the poor departed soul of Jessica lal via television channels. We also have petitions, SMS petitions,blog petitionsand god knows what else, reports that people in Manu Sharma’s home town are boycotting him socially .In Delhi people took out candle light procession , staged a Dharna to protest and raise their concerns.

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    [...] He was convicted on both counts of rape and murder. Allowing the CBI appeal against the trial court verdict acquitting the accused, a Bench comprising Justice R S Sodhi and Justice P K Bhasin said “the acquittal order passed by the trial judge in 1999 has shocked the conscience of the judiciary.” The Bench said it would prescribe the sentence of death or life imprisonment to the convict after Diwali vacation. Priyadarshini Mattoo, a Delhi University student, was found murdered at her Vasant Kunj flat in south Delhi on January 23, 1996. Hopefully this win will also have a positive impact on pending cases, for example Jessica Lall, Manjunathan, Satyendra Dubey and many more. And hopefully from now on it wouldn’t take a father or a sister a life-time worth of struggle and court-room hassles in their search for righteousness. [...]

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    Comments

    53 comments | Add your comment »

    Hiren
    Feb 23rd, 2006 at 6:29 am | #

    What happened is deplorable but once the eye witnesses turn against you, there is nothing even a judge can do. There was a rape case in which the judge actually said that someone had done it but in the absence of clear evidence, there was little he could do.

    Hiren
    Feb 23rd, 2006 at 6:31 am | #

    I forgot to mention above that in the movie “Virudh” Amitabh Bachchan kills the killer of his son when he tries to get away because of being well connected. Jessica’s casse is so sad that and so frustrating that it would not be surprising if someone were to resort to the filmi response.

    Utsa
    Feb 23rd, 2006 at 8:28 am | #

    As appalling as it sounds, it is no surprise how the witnesses have been “bribed” to change statements and whats even scarier to think is that such people are out on the streets scott-free and everyone just gets on with their life. Some of us just talk about it/share our thoughts & emotions on this blog and feel satisfied..but what about the families of such poor, innocent victims. Can’t even imagine how they could cope and…their plight..A truly heartbreaking story this was…

    May God give strength to Jessica’s family.

    symphoney
    Feb 23rd, 2006 at 9:19 am | #

    I heard on a news channel today that US has a witness-safegaurd program wherein the witnesses are relocated, given new identities, new jobs et al.

    Even if we are unable to reach those levels, the least we need is protection.

    fonzter
    Feb 23rd, 2006 at 4:01 pm | #

    things r just so worse here….politicians get away with murders….scams…their relatives get away with anything….what the hell is wrong with the judiciary? they’ve made a joke outta it??!

    Nupur
    Feb 27th, 2006 at 7:20 pm | #

    This is nothin new…n there seems 2 b no way out of it….money always wins..n it is disgustin 2 watch it happen..v r no less than those bribed witnesses…maximum v can do it..is discuss n be aware..of it..media shld realise n tap the power of blogs n sentiments…its real public voice…they shld cooperate…..i guess…then only it can b counter balanced…

    P.K. Bhardwaj
    Mar 1st, 2006 at 6:13 am | #

    Where to go????

    Politicians have lost their credibility, police is also corrupt now even the judicial system is also not working to the welfare of common man……….which was the last hope.

    Country is leading indirectly to a “CIVIL WAR”

    SAVE THE COUNTRY PLE………………………ASE.

    Rakesh Soni
    Mar 5th, 2006 at 3:48 pm | #

    I wish had there been someone like SARKAR,who would have provided justice in the case.
    As this is another case of utter falure of the system and events like these will lead us to creation of parlel Sarkar like Godfathers.

    Lil Gurung
    Mar 7th, 2006 at 8:17 am | #

    I think justice system require a overhaul. This is just a tip of the iceberg.
    The common people are suffering and criminals
    are set free. So the justice system be made efficent and accountale for each case.
    this is the high time for us to make opinion about it.
    and Justice be given to soul of jassica.

    anugrah bohrey
    Mar 7th, 2006 at 10:38 am | #

    as a law student i have repetedly heard that we have a “RULE OF LAW”(i.e. law is same for evrybody) in india……………but i think it only prevails in our law books not the system……….because in india if your father is a politician you can escape any thing ..even a murder……….law and judiciary have become mere playthings of powerful politicians……just give it a thought..that if a high profile case in the capital of the country can collapse like this…..what would be the state of justice in far flung areas……..but we as youth of today will not bear this anymore…..today we organised a peace march for jessica…..and we will not stop till jessica gets justice……..if u want to join hands with me mail me at (anugrah_25@sify.com)………we want justice for jessica…….we want justice for all of us….

    Subhash Gupta
    Mar 8th, 2006 at 6:55 am | #

    In the outcry on the recent judgment in Jessica case, everyone including the press and media is criticizing the role of the police and the administration in either destroying , distorting the evidence in order to help and save the accused in either ways but I do not under stand why they keep their lips tiet on the role of the judiciary in hushing up the case. If one see the chronology of the proceedings and the time of delivery of the judgment there appears to be a nexus even in the judicial process. Will the press and media didn’t knew that the judge S.L. Bhayana now immediately elevated to the bench of High court of Delhi hails from the same town where the influential accused Manu Sharma belongs but no one dared to highlight and underline this fact, secondly none in the media or press tried to explore the competency of the judge by comparing his other judgments delivered previously in other similar cases and the reasons of the haste shown by him in delivering the judgment when he knew that he is shortly being elevated to High court or if the elevation was a pre condition to discharge Manu Sharma in the case. Its another doubt why the court took four days in publishing the judgment when it had already announced the same in open court or was it due to some deal at the higher political level or in demand of his share of flash in the deal. The judiciary can not save its skin and escape the charges of having nexus with the accused in this case which helped the accused by giving them clean chit and one day they all have to reply it. I would welcome comments from the esteemed readers to open a new debate on the role of the judiciary in the killing of Jessica. I DO KNOW BUT CANT SAY AS WHO KILLED JESSICA , I CAN SAY FOR SURE THAT IT’S THE JUDGEMENT THAT KILLED JUSTICE IN HER CASE. I am sure you will agree with my view,
    Regards
    - Subhash

    Sarika Pugla
    Mar 8th, 2006 at 10:28 am | #

    When I see such unjust things happening in India, I feel sad that we have a slogan for our India “Mera Bharat Mahaan”. Bharat to tabhi mahaan hoga jab wahaa ke log mahaan honge. Politicians/rich people and their relatives can get away with anything; right from a small ghotala to a major crime like someone’s murder. Hum log itne gire huye kaise ho sakte hai.

    On one hand, I am proud that we have a great economist and renowned personality as our Prime Minister, whereas on the other, I feel ashamed when I hear of so much injustice. Hamare desh mein aam aadmi ki jaan ki kya yehi keemat hai?? yeh prahsan baar baar mujeh dukhi karta hai aur aise kisse sun kar mera sir sharam se jhuk jaata hai.

    Now that the case is reopened, I sincerely hope that everyone associated with this crime will be punished so that no one will ever dare to do such a thing again. Jaago Bharat!!!!

    Neeraj Kumar
    Mar 15th, 2006 at 2:42 am | #

    I completely agree with the views of Subhash Gupta. The judciary acted hands-in-glove with the Police and the accused. How can it be humanly possible to dictate and type judgment of 179 pages in just few hours? Where was the Gun? The judge just forgot to ask manu about the Gun. The judge just discarded the statement of one of the witness who deposed in the favour of the Police on the ground that his name did not appear in the list of invitees, which has been prepared by Bina ramani after the incident to help the investigation ! There are so many uncomfortable questions about the conduct of the Judge that media is shying from asking. Is it because they are afraid of the Power of Contempt available with the Court? The Supreme Court rushes to pass the strictures against the Executive but they stoutly defend their fellow brothers.
    All of us must stand up and speak about this malicious decision.
    NEERAJ

    Anil
    Mar 15th, 2006 at 11:47 pm | #

    For too long we have turned our heads the other way and for too long, if it did’nt happen to us, we just did’nt care. Now we’ve made a start and it’s time to stand up and be heard against injustice to people close to us, to people who we don’t know, for people who share our country.

    It warms my heart and touched countless fellow-countrymen, no doubt, to see the overwhelming response at all levels of our society against a blatant example of justice not served, of the rich and mighty getting away with murder, of collusion between the protectors of law and criminals, of an entire judiciary powerless to deliver.

    This note is dedicated to Jessica Lall and to all her compatriots who have stood up to demand that justice be delivered, that a wrong be un-done, that her killers be punsihed. It took seven years before the system tried to sweep it under the rug, hoping the public with a short memory move on with their lives – It could’nt have been more far from reality and for that, I’m proud to be a citizen of this nation knocking at the doorstep of greatness.

    Let’s keep on our toes, track the quest for justice till Jessica Lall gets it, till Manu Sharma realises that it’s time to stop grinning and begin paying for his monstrosity.

    piyush
    Mar 17th, 2006 at 5:11 pm | #

    HE should be hanged in front of RED Fort.

    apurva
    Mar 20th, 2006 at 10:14 am | #

    india has no man left in it .here crime wins justice. money is a man in india .. corruption is the food of this man .. india can never progress with this attitude .. all people have become blind deaf and dumb. in a nation where one man can win freedom one millon souls cant give justice to one soul shame on us.. i am ready to take a step if any one else is contact me on my email id

    S.Sengupta
    Mar 22nd, 2006 at 9:26 am | #

    Hi,

    I am really moved to see all your comments. While I fully agree on the fact that Manu Sharma should be punished to the maximum, I also have a strong opinion in favour of punishing Shayan Munshi. If Jaheera Sheikh who was from a much lower rung of the society is being condemned for being hostile witness(whatever be the reason), then why not Shayan Munshi? I really cant buy the argument that a wannabe Bollywood star did not understand the FIR written in Hindi!!!!!

    However friends I am a consultant and is launching up a new news website. It is a major project supported by a Japanese Software Develpment giant. It is one of its first kind in India. The idea is to form a contributory news portal. Though it is in line with blogs but will be supported by major advertisement campaigns. The site is supposed to be launched on 1st of April. For corporate security reasons I cannot let you know the name of the website right now but I would very much appreciate if you send your contributions to my mail at consultingsudipta@gmail.com. I want you people to write your heart out and I promise to provide you a platform where it gets noticed by everyone and thus create a voice of nation. On receiving the article I would mail you the name of the website where your article will be published. Remember this is a much bigger platform than a normal BLOG but you dont have to be a reporter in order to get your article published. So plz write articles of reasonable sizes(abou 200 words…is tht ok?) in word or text document and mail it to me. You can be the opening reporter of one of the most popular news site of future.
    Plz note: You need to send articles on any topics and not comments. If you want your identity will be kept secret.

    inspire
    Mar 23rd, 2006 at 1:24 pm | #

    glad people still find time to worry about ’someone who died seven years ago.’that in itself is a step forward.but i dont believe justice has been bought.its people who have been bought.people sell their principles for money.unless that reform takes place in their hearts,no judicial reform will help.

    im scared
    Mar 23rd, 2006 at 3:50 pm | #

    i hvnt even completed my studies……..i hv been following the “jessica lal case”and am all the more scared of the world outside…if this is the way things work,i dont know whether i will be able to survive for long……..now,funny or childish it may sound….i no longer dream of achievivd really high positions and all bcoz now i feel if you really want to reach there , you will hv to bcom a part of them……..i wuld rather be satisfied with wat little i hv rather than challenge ppl with money and power…bcoz i know ill be alone in the fight……CONGRATULATIONS TO THE SYSTEM!

    shery yohannan
    Mar 31st, 2006 at 3:09 pm | #

    it is true that justice showed a rotten face towards jessicas case,but collective public pressure and continous media support will never allow the killer to continue to leave as a respectful citizen.

    Sid 9810702770
    Apr 27th, 2006 at 8:51 pm | #

    Sid 9810702770

    what the fuck is happening to our administrative & judicial system
    i am sure jessica must be looking down from up there and laughing
    and probably saying that we guys have still not learnt a lesson
    and another one bites the dust.
    its been seven long fukin years n the justice is still out of the question
    she is dead,her father was the next to go.
    are we waiting for her entire family to follow & the youth to jus go back to sleep
    although reopening the case rekindles our hopes again……..
    lets hope that this time justice delayed since 1999 will not be denied to jessica &her family.

    Aritra
    May 12th, 2006 at 6:53 pm | #

    When is Democracy really going to be restored? Especially when we take so much interest in restoring democracy in our neighbouring countries, isn’t it time we did something in our own land! Isn’t it time we rose up as a nation for the sake of justice?

    Bijoy
    May 19th, 2006 at 9:45 pm | #

    Unbelievable – a country of billion people could not get a justice for a case like this! We can pin point Shayan, but he is no different than rest of us. Do we have a courage to shake the country by asking fundamental right -Justice? We can form groups at different parts of the contry, enroll members and create a critical mass for Jessica Lal case. Ignite people by non-violance, storm the country by sekking full investigation. No blame on a particular institution (police or judiciary) will do anything.

    We must demand if we truely love the country. Mera Bharat Maahan is a slogan, we need to mean it. If we simply wait hoping somehow someone will bring justice, we are simply in illusion. It will be another hog wash.

    So my friends, let’s do something instead of waiting to see another circus.

    Shweta
    May 22nd, 2006 at 6:38 am | #

    just another sensational murder….whats the growning consensus ppl? ne one can shoot ne one…just like that..be it meher bhargava..or pramod mahajan..could be u or me…and since, as the indian youngsters ( who incidentally form abt 45% of the population) all we can do is blog in the hope that the crazy physcopath killers out there will read our “healthy opinion” and understand how wrong and immoral they are, we may as well start considering careers in bullet proof jackets …”jackets fr all brackets”..be it clubbing shopping or just sitting at home..its a must have in this ironically “super civilised age”.
    think abt it

    Aritra
    Jun 6th, 2006 at 9:30 pm | #

    If the murderes of Jessica don’t get punished, the destiny of this country is awaiting a very dark future. Not Shayan Munshi the killers need to be put behind the bars. Somehow the real culprit seems well immuned under the benign wings of certain political dadas who rule the system. Maybe its time to make use of our democratic rights. Its time the real masses decided to execute justice…. Lets rise and stop not till the goal is reached.

    MOHIT PATIYAL
    Jun 7th, 2006 at 1:56 pm | #

    thanks, your content was excellent adn abiut the issue “THE WHOLE STORY MADE ME SPEECHLESS”

    concerned
    Jul 5th, 2006 at 4:23 pm | #

    v can do sumthin only if shayan munshi is with us,n if he is ready to speak th truth.Jessica must get justice.

    Mitesh
    Oct 2nd, 2006 at 6:31 pm | #

    MANOJ KUMAR SAHU
    Nov 9th, 2006 at 6:52 am | #

    ITS A REAL TRAGIC TO BE IN SUCH A SITUATION ON THE BACKDROP OF WHICH THE COUNTRY HAS A VINTAGE OF GANDHI, BOSE AND OTHER FREEDOM FIGHTERS WHO TAUGHT US NON VIOLENCE AND SELF RESPECT………..BUT THE CRIMINALS AND THEIR SUPPORTERS SHOW THE POWER OF THEIR SUPERLATIVE MONEY DISPLAY & ESCAPE……. I MYSELF BEING A PATRIOTIC INDIAN WOULD CONDEMN IT AND WOULD TRY TO MAKE WHATEVER IS POSSIBLE TO PUNISH THE CRIMINALS, RATHER THEN CONSOLIDATING THE FAMILIES OF THE VICTIM……………………………

    psarathy
    Nov 9th, 2006 at 7:39 am | #

    Now i see that the most powerfull lawyer has thrown his weigtht behind this case. You could clearly see the media activism coming down on this case as they dont want to go on the wrong side of the power lawyer. What the political power could not get for manu sharma it looks like the money power to hire a power full lawyer will get it. Offcourse, it look like the justice will be vicitim as already diversion tactics like police only killed has been started in the case. I donot know suddenly what wisdom done on the defence to come with such a defence. Hope our judge see through all these argument and give a verdict which will increase the trust of the people and judiciary and not bend by senior and powerful lawyer

    Mohit
    Nov 9th, 2006 at 2:03 pm | #

    It’s so sad to see one of the biggest lawyers so shamelessly defending the culprit.Where were his reveleations for all these years-something like ” a sikh youth killed Jessica,or jessica commented on the manhood of the person and was shot hence” should have come years and years before.Mr. Ram must be a rich man and still it amazes me to see what people can do for money.At least he should take his age into account.After all, he ‘ll have to reply to God one day as well.I think if Manu is found guilty by court,Mr. Ram should also be sent to jail along with him for trying to mislead the court.

    Prakash Nair
    Nov 9th, 2006 at 4:13 pm | #

    Justice should be done in Jessica’s case. If the murderer will escape, then an average citizen will lose his faith on our judiciary. At any cost the murderer should get the maximum punishment. Atleast Life imprisonment. Indian Judiciary should prove that the Law is above the money and muscle power. I pray God for Jessica’s soul and for justice.

    Mehak Malhotra
    Nov 16th, 2006 at 7:16 am | #

    Please give me your view/opinion/comments.

    Do you feel that Jessica Lall’s case is going to fall victim to the wits of a lawyer’s arguments? Please give me your opinion: (yes/no) by clicking on the link below.

    Yes – if you think the case is emerging to be a battle of wits and confrontational skills of a lawyer.
    No – if you think the defense lawyer is doing his job judiciously in order to arrive at the truth of the case.

    http://www.indiademocracy.com/issue/user/issue.jsp?issueid=iss20061111160833

    While many of us were looking at Jessica Lall’s case setting a new trend and faith in the judicial system; the recent arguments made by Mr.Jethmalani have narrowed the hope. What the future holds for this case, time would tell – will it be lost to maneuver and manipulation once again or eventually result in providing justice!!!

    Mehak Malhotra

    Tulika
    Nov 28th, 2006 at 1:14 pm | #

    well.. jessica lal’s case is nothing very new or shocking where obviously powerfull people do have an advantage over common people.. They have the money to buy witnesses,ofcourse put pressure on the existing witenesses.. But everyone has been talkin about why did witnesses get hostile?…i say why they shudnt b hostile.. the accused is the son of a politician.. he could do anything and everything to ensure that no one speaks against him.. and eveyone wants to live to be safe..they have a conscious..they do feel guilty..but when there’s tremetous pressure.. the strong people do fall.. We all know our judicial system.. and it would do less to safe gaurd the witnesses.. now.. the case is takin a new turn.. and believe me..they’ll try every means to twist and turn the case.. as long as they have people listening to them.. but everyone knows whats the truth.. no one will act.. untill dont know..how many years down the line.. the agony..the pain… which the jessica lal’s family has been going through is understandable.. the sting operation done have clearly revealed.. the truth.. but no one pays heed to it.. and what more of a proof do the judicial system need,do they want the accused to admit to the crime been done..and we all know how baseless the thought is.. All we can hope is that be it late..the justice be delivered.

    ToxicMind
    Mar 12th, 2007 at 10:33 am | #

    Enough’s been said. Everywhere. But what the hell can be done about it?

    Akash
    Sep 10th, 2007 at 1:29 pm | #

    Wat’s going on??Can the judicary be SOO biast?Manu Sharma has used his influence to turn all the evidences’ stand…such men should be punsihed by the people

    Anthia Mishra
    Sep 30th, 2007 at 3:49 am | #

    How long do Delhi police think they can get away with murder. I accuse the police 100%. My husband was murdered in 2005. He was an NRI Indian visiting his father in his village. He had only just left Australia three days before. I have enough evidence to accuse the police, doctors, CFSL Rohini and the hotel for concealment of his murder. What justice will I get from Australia? My solicitor says that they can adjourn the case as much as they like. I have 3 young children who want justice for their Dad.
    It is so evil. I appeal to anyone who can put me in touch with Jessica’s family and the family of Priyadarshini Matoo as well. i think that the numbers of these murders and number of cases is huge. I have already collected a database from Australia of concealed murders and police lies in Delhi and of Indians and of many tourists from all over the world – the proof is there – stand up to the police.

    shweta
    Nov 1st, 2009 at 11:28 am | #

    i had heard about many death but it was very shocking to know about jessica lal.

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    Sakshi Juneja

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