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	Justice in India Is a Mirage By Bijo Francis United Press International January 5, 2009 http://www.upiasia.com/Human_Rights/2009/01/05/justice_in_india_is_a_mirage/1223/ Hong Kong, China — The High Court in the Indian state of Kerala has granted a bail request from two priests and a nun who were arrested last November for the murder of a nun more than 16 years ago. The court’s strangely worded statement is the latest twist in a case that has dragged on for years. The statement issued by a High Court judge said: "The courts can go only on the basis of the facts covered by the case records. But the public is still chasing a mirage. They fail to realize that the truth lies far away. I wish to state only these two lines: Forgive them, Father. They do not know what they are doing." The incident in question occurred on March 27, 1992, when the body of a young nun known as Sister Abhaya was found in a well at the convent where she lived. The case was investigated by the local police, the crime branch of the state police and the Central Bureau of Investigation. Yet after 16 years, these investigators are not able to convincingly conclude whether this is a case of murder or suicide. If it is a murder, they have failed to identify the motive and method of the killing, as well as those responsible for it. Because the case involves the Catholic Church and members of the clergy, it has been portrayed as an example of persecution of a minority religion, greatly complicating what might otherwise have been a simple matter. During the course of the investigation the case has taken a number of different turns. Whenever there was a reference to the case by the government, the investigating agency or the court made it a media sensation. The local media printed and circulated their versions of the case, for and against the accused. It is in this context that the three accused approached the High Court for bail. While considering the bail applications, the court showcased its lack of professionalism by wandering around the case, discussing the evidence in detail and making unwarranted citations. The lawyers in the case have shown the same lack of professionalism. At one point the court expressed shock when told that neither the prosecution nor the defense lawyers had been properly briefed by their clients. The court further expressed anguish that the lawyers had dared to appear before the court with information obtained from media reports, rather than from proper briefings with their clients. The court also expressed wrath that much of the evidence gathered by the Central Bureau of Investigation was not credible, and observed that some of the evidence appeared to have been tampered with. This situation has aroused adverse public sentiment – which unfortunately has affected the accused – but it is not without reason. Since the day of the nun’s death, it is widely believed that the Catholic Church has been engaged in keeping things hushed up. Public statements by senior members of the clergy stand proof to this. The incapacity of the investigating agency and the court to convincingly conclude the investigation and the judgment in this case during the past 16 years has rightly turned public sentiment against the entire justice system. In this case, as in thousands of others, the justice system resembles a blind person searching for an elephant in a dark room. Yet the judge has tried to put on a bold face. The judge in the bail-order said, "Judges are made up of stronger metal. They do not, like candles, burn out or melt away in the heat of any threat which they may find on the next day's media headlines." One might not agree that whatever is published in the media is true, but the fact that the media often represents public sentiment cannot be ignored. Was the judge making an indirect admission that media reports had affected the court’s impartiality? The court was cautious enough to impose some conditions while allowing the accused to be released on bail. To ensure that they will not tamper with the evidence or the witnesses in the case, the court has directed that the three not be allowed to use telephones. Making or receiving calls would lead to having their bail revoked. After witnessing all of this, the public is probably ready to apply the court’s own language – “Forgive them, Father. They do not know what they are doing” – to the justice system itself. This case, which has been floundering for 16 years, is proof that seeking justice in India is like chasing a mirage. -- (Bijo Francis is a human rights lawyer currently working with the Asian Legal Resource Center in Hong Kong. He is responsible for the South Asia desk at the center. Francis has practiced law for more than a decade and holds an advanced master's degree in human rights law.)
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