Losing sight of a moral compass
Majoritarian logic has no place in a plural society, argue Shivanshu K Srivastava and Nupur Chaurasiya
Justice AK Mishra of the Allahabad High Court made scathing remarks on the CBI trial court judge, saying that he was “unmindful” of basic tenets of law in his 2013 conviction judgement of the Talwar couple in the murder case of their daughter and domestic servant.
According to the judgement copy, Judge Arvind Kumar Mishra observed that it was apparent that the trial judge was “unmindful” of the basic tenets of law and its applicability to the given facts and circumstances of the case and “failed” to properly appraise facts and evaluate evidence and analyse various circumstances of this case.
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“It can by no means be denied that the trial judge, perhaps out of extra zeal and enthusiasm and on the basis of self perception, adopted partial and parochial approach in giving vent to his own emotional belief and conviction, and thus tried to give concrete shape to his own imagination stripped of just evaluation of evidence and facts of this case,” said Judge Mishra.
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Also read: ‘Talvar’ producer overwhelmed with Aarushi verdict
The judge commented that the 2013 judgment was based on “creation of fanciful reasoning” and “presuming facts with indomitable obstinacy and taking things for granted, thus, basing the conclusion on unfounded evidence.”
“The learned trial Judge took evidence and the circumstances of the case for granted and tried to solve it like a mathematical puzzle when one solves a given question and then takes something for granted in order to solve that puzzle and question.”
He said that the trial court could not act like a maths teacher who was solving a mathematical question by analogy after taking certain figure for granted.
Also read: Timeline of Aarushi-Hemraj murder case that shocked the nation
A bench of Justice BK Narayana and Justice AK Mishra of the Allahabad High Court on Thursday acquitted dentist couple Nupur and Rajesh Talwar in the murder of 14-year-old Aarushi Talwar and domestic help Hemraj at their Jalvayu Vihar home in Noida on May 16, 2008, overturning the judgment of the CBI trial court.
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