Qasab Ajmal Case - Does Indian Judicial System need overhaul?

Recently the house of Anjali Waghmare who has agreed to defend the lone surviving terrorist from Mumbai terror attack was attacked. It made national news headlines. Most of the liberal and intellectual people are condemning this act and want a senior lawyer to take the case of Ajam Qasab. Their argument is that if he does have a lawyer and fair trial in lower court then he will be acquitted by the apex court. On the other hand, majority of the people do not see any point why this man need to be defended in the court and on what basis. He was shown on the camera killing innocent people. Second group is so convince to hang Qasab that they see the act of providing a lawyer unpatriotic and against the national feeling.

Though the law requires us to provide a lawyer and a fair trial but some of the the arguments of the majority people can not be ignored. We have seen the case of Afzal guru. He has been sentenced to death many years back and his sentence has been confirmed by the high court and the supreme court as well but the government of India is ready to hang him. After seeing the outcome of this case and many other cases where we are feeding the terrorists in the high security prisons, many people find it hard to trust the Indian judicial system.

One of the problem of this judicial system is that it takes too long. In a simple case like this why should it take months to sentence the accused. It should take just couple of days and the court should be able to deliver the judgement. But the chances are that it will take years and after that the case will be dragged for years in the high court and the supreme court. After all this drama there will be petition for clemency under article 72 of the Indian constituion.

It seems that the time has come for the change in the judicial system. Of course the court can not take their decision at their own if the investigating agencies are not efficient. But if these agencies are not efficient and can not produce documents and evidence to support their case then the court could release the accused. Court can not work on the media hype of the case. Media might accuse any one or prove guilty anyone but the court needs to work on evidence and they should demand for evidence in first few days and take their decision as quickly as possible.