[Assam] From Tehelka

[Chan Mahanta]

At 7:38 AM +0530 3/2/06, mc mahant wrote:
>" System" is Faulty all over.
>
>We want back the system where there Was no Lawyer, Judge( 
>Demigod?),Lockup (Which has a hard floor and an unclean hole going 
>nowhere),No Lawbook, No Jail, No Hangman.
>
>If the system worked for last million years before East India 
>Company arrived it can be remade to work in 2007++
>
>mm


*** That is way too simplistic. Things have changed over the 
centuries. What might have worked fine three hundred years back, 
would not necessarily work today, because the variables, the factors 
that impact society's well-being, have changed dramatically. If a 
public official steals from the public coffers, and there is no way 
to hold her accountable, then we get what we have in place today in 
desi-demokrasy. It will be the same with any other form of 
governance. Anarchy is NOT a solution, but an enlightened system with 
functioning institutions of state is. NO SYSTEM is perfect. For that 
matter NOTHING IS perfect. Pursuit of perfection is not the issue, 
but a system that can constantly be challenged and improved over time 
to respond to the needs of society as it continues to evolve, IS. 
That is where Indian style governance has shown its abject failure. 
But just because Indian style governance does not work, we cannot 
assume that ALL governmental systems are bad, or unhelpful.











>
>
>From: Chan Mahanta <cmahanta at charter.net>
>To: umesh.sh05 at post.harvard.edu, Chan Mahanta 
><cmahanta at charter.net>,assam at assamnet.org
>Subject: Re: [Assam] From Tehelka
>Date: Tue, 28 Feb 2006 21:19:47 -0600
>
>blockquote, dl, ul, ol, li {padding-top:0;padding-bottom:0;}
>U,
>
>
>I was afraid your concept of a 'justice system' was seriously 
>faulty. That is why I asked for an explanation of your assertion 
>that the 'system' is not faulty. And you validated my fear. It IS 
>very faulty!
>
>If you look up Webster's English Dictionary, it will tell you that a 
>'system' is 'an orderly, interconnected, complex arrangement of 
>parts'.
>
>Typically a justice system would be much more than a judge as you 
>perceived it to be. It would include the laws, investigative 
>apparatus ( the police, CBI etc.). a prosecuting apparatus ( in the 
>US it is the District Attorney's or the US Attorney's office), the 
>court system ( lawyers, clerks, sherriff's office, magistrate etc.) 
>, the judge and a jury system ( in the USA that is --I am not sure 
>India has a jury system) and the penal ,system ( jails, prisons, 
>halfway-houses, work-release programs, parole system, etc.)
>
>
>I will tell you a bit more about it later. At the moment I am 
>falling asleep on the key-board. Good night all.
>
>cm
>
>
>
>
>
>At 12:40 AM +0000 3/1/06, umesh sharma wrote:
>
>I meant that the judge will decide a case based on the evidence 
>presented. If no witnesses come forth - or later "trun hostile" 
>under pressure from the other party  -- it is the police which is to 
>be blames which cannot protect citizens from thugs. Courts come in 
>the picture later. Thats what I thought.
>
>
>
>Umesh
>
>Chan Mahanta <cmahanta at charter.net> wrote:
>
>
>
>>it is not the justice system - the law and order system which is responsible.
>
>*** Can you explain what you assert here and why you do so, Umesh?
>
>cm
>
>
>At 3:45 AM +0000 2/28/06, umesh sharma wrote:
>>I have been following this story like many similar ones - it is not
>>the justice system - the law and order system which is responsible.
>>If all the witnesses refuse to testify - thanks to threats, 
>>bribes >and trudgery of long visits to courts for years - then you 
>>cannot
>>blame the judges as having biased judgement.
>>
>>It is similar to mafia rule where witnesses "turn hostile." It
>>happened famously in Parliamentarian DP Yadav's sons alleged killing
>>of their sister's lover -after he danced "opnely' with her on his
>>birthday near Delhi. The deceased was son of a senior IAS official.
>>
>>Whats the cure. Those who have been in US for long can perhaps
>>enlighten how the mafia bosses were rif off.
>  >
>>Umesh
>
>
>
>
>Umesh Sharma
>5121 Lackawanna ST
>College Park, MD 20740
>
>1-202-215-4328 [Cell Phone]
>
>Ed.M. - International Education Policy
>Harvard Graduate School of Education,
>Harvard University,
>Class of 2005
>
>                
>
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