Opinion - Letters to the Editor   

Zahira's conviction

If by convicting Zahira Sheikh, the Supreme Court is making an effort to curb the practice of witnesses turning hostile, it is unlikely to achieve the desired result. The reason for the inconsistency of witnesses is intimidation by the rich and powerful. Monetary inducements are no less significant. Any attempt to discourage people from giving false evidence should address the cause, not the effect.

Tripti Vachher,
Dehra Dun

* * *

The Supreme Court ruling sentencing Zahira to one year in prison is unfortunate. Hereafter, no one can be expected to come forward to testify.

S. Vairamani,
Chennai

* * *

Those who take the judiciary for a ride like Zahira did should certainly be punished. But what is surprising is those who bribed/intimidated her are free. The Best Bakery case drives home the need for a strong witness protection programme. Besides providing adequate protection to witnesses from intimidation, the state should ensure that they are not under pressure and have not been bribed to testify.

Moina Khan,
New Delhi

* * *

Zahira's case speaks volumes about how witnesses can fall prey to the designs of unscrupulous elements. At least now, she should expose those who manipulated her into doing what she did. The verdict in the Best Bakery case is a blow to the Gujarat Government. It is hoped it will mark the beginning of justice for the victims of the 2002 riots.

Nasreen Shaikh,
Nagpur

* * *

Witnesses are subjected to unimaginable pressure. The unprotected, vulnerable people risk everything. It is society's as well as the Government's responsibility to create an atmosphere in which witnesses can be upright. `Damned if you do, damned if you don't, jailed if you backtrack' is hardly an ideal situation for potential witnesses.

K.S. Ramakrishnan,
Chennai

* * *

That Zahira was a victim does not in the least militate against the punishment of imprisonment, which she deserved and invited. The very object of the criminal justice system will be defeated if witnesses like Zahira are allowed to change their testimony often, allowing criminals to walk free. Let the sentence serve as a warning to other witnesses.

M.P.R. Nair,
Kochi, Kerala

* * *

It is wrong to lay all the blame on witnesses for the prosecution's failure in criminal cases. It is the duty of courts to get at the truth even if witnesses turn hostile. Undue importance should not be given to the outcome of the cases without looking at the root cause of witnesses turning hostile. It is society that is largely to blame because it has failed over the years to provide moral support to victims, complainants, and witnesses in criminal cases.

Malkangiri Ravi Kumar,
Hyderabad

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From the opinion expressed by the Prime Minister and the Chief Justice in the conference of Chief Ministers and Chief Justices, it is clear that corruption in the judiciary and the growing tendency of witnesses to turn hostile are defeating the rule of law. Section 193 of the Indian Penal Code provides for punishment to those giving false evidence. The judiciary can use this provision more often. On corruption, it is well known that no judge can be corrupt without the help of a lawyer. Any law seeking to curb judicial corruption should ensure against such a nexus.

As for judicial delays, just as justice delayed is justice denied, justice hurried is justice buried. Therefore, a reasonable time frame must be prescribed for the completion of a trial.

P.N. Ramachandran,
Kozhikode, Kerala

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