Allowing Further Investigation Without Accused Being Heard - A Travesty Of Justice? Poem by Bernedita Rosinha Pinto

Further investigation allowed by Supreme court
is such an injustice to those who are innocent
as it does not allow the accused to defend
his right to justice and equality;

the law must give equal opportunity to the accused
to be heard and every accused should not be treated
with disrespect and indignity
as proceedings take years to conclude
and society does not remain tight-lipped.

Also, some of the judges of the courts
use further investigation as an umbrella
to cover their flaws and claws
in the process of prosecution
and they even take it as a pretext to harass
the innocent accused further;

why is the accused not allowed to step in
and argue whether there is a need for further investigation
when law promises equity and natural justice
as per the constitution and the rights therein?

As when the Investigating Officer commences
the further Investigation,
he takes an opportunity to manipulate
and to fabricate information which can detriment
the acquittal of the accused;

also the accused is compelled to undergo
more of torment and mental torture
as further investigation is just a game played
where the operators of justice gather their wit
with an excuse of pursuing further information
which may not be genuine or corresponding;

yet the assistant public prosecutors
and the judges form a nexus and fall in the fray
to attempt further harassment
when they cannot succeed in convicting an accused
who is an innocent person of principles;

the judges and the prosecutors maneuver
the act of further investigation
like a cricket match where they make
the investigating officer as their batsman
and they ask him to go, search and score
any information that can demote the dignity of the accused
who shall be presumed as innocent until proven guilty;

the judge acts as a referee
and awaits for positive further information
which can be generated by the Investigating officer
to appease her or the victim;

the assistant public prosecutor as the bowler,
chooses to spin the ball in sideways direction
even where the facts are distorted or irrelevant,
he wants every wicket of truth to fall
as the judge has called the shots
just to jeopardize the acquittal of the accused.
.
O' what a show of injustice to watch silently
without raising any voice against such injustice
that such a paradox brings upon an accused
a sense of helplessness
as he has to accept the infringement
of his fundamental right against self-incrimination.

And while the lamp of injustice keeps glowing,
will the Legislature never want to set right
the aspect of further investigation
as what is first recorded at the time of incident
and the final report that is prepared is perhaps
the only true and reliable evidence
while what follows as further investigation
can be either manipulated, extrapolated or even fabricated.

Further investigation thus becomes
a chance for faulty and unjust proceedings
against the accused to be either overlooked
or concealed in the pages of the court records
while the accused who is innocent succumbs
to the perils of prejudice and injustice;
so I urge the Supreme Court of India to look into this section
of further investigation and save innocent people
from jeopardy and procrastination
for life that is only once lived should not be
filled with anguish and the innocent must live life
in a dignified way filled with peace and justice.

NOTE:
(Section 173 (8) Cr. P. C; Courts Not Obliged To Hear The Accused...
The Supreme Court reiterated that a Magistrate is not obliged to hear the accused before any direction for further investigation is made under Section 173 (8) CrPC,1973.

This poem is to highlight Sec 173 (8) - is it a Travesty of justice
as there is breach of principles of natural justice when the Court does not afford the accused an opportunity to be heard.