If one is found guilty of breaking a rule before the court of law, he is supposed to serve the requisite punishment. There is no place for either media trials or for that matter a judiciary which believes it has the powers to send people to jail without a conviction. It is a real sorry state in India that despite of being the largest democracy, more than half of the people in jail are still undergoing trials and have not been proved as convicts for what they are accused. Has anyone ever thought about what the person and relatives go through, who is to bring back the lost time?
One such victim to media and justice-delayed trial is Subrata Roy. If he is guilty he needs to rot in jail but to deny him a bail every time is violation of the very principles that the Constitution of India was founded on. “I am in complete disagreement of the justice meted out by the Supreme Court to Subrata Roy. If an actor, Sanjay Dutt is allowed on permanent parole to look after an ailing wife, why is Tarun Tejpal not allowed to meet his dying mother? I know I will have an army of feminists attack me for this, but the fact is Sanjay Dutt was tried and convicted. Tarun Tejpal has been jailed, convicted and will probably be tried. Is this fair? Most importantly, is it right?” said a famous socialite.
Subrata Roy is being tried in a civil matter and is now in jail because the judges want a proposal. To send a man to jail indefinitely without allowing him bail is once against the principles of freedom and liberty that are every Indian’s rights.
Amartya Sen in his wonderful book ‘The Idea of Justice’ opines that there is an inherent difference between neeti and nyaya. One is about the process and the other is about justice. But then he goes on to explain, that justice is ultimately all about fairness. According to this logic, in Subrata Roy’s case, there has been no fairness. The socialite adds to his statement “this is what mobocracy is all about and this is what we often deem to be kangaroo justice. We all need to pause. People like me who go on television and pronounce judgment on people or those who have the faith of every Indian sitting in court-rooms and dispensing justice as if we were living in medieval times. We need to question the fairness of all we do. In that, we shall find the answers to a more robust and free India.”
We can clearly make out a very positive support for Subrata Roy outside the jail. There are many politicians, famous actors and actresses who have claimed their support for him in public. Let us pause for a minute and think what is it was us and not him in this given situation. If we all agree that being famous is why he is being misjudged, can we not come forward for his support like other cases?