Tuesday, January 4, 2011

[rti_india] Should Jury System be revived?


Dear All,

Background on the Jury System that was prevalent in India is forwarded herewith.

The question is whether should Jury System be revived?

Will it help justice delivery system & respite to the suffering Common Man at denial of justice?


Babubhai Vaghela,
M - 9427608632

Asha - Yeh Raaste Hain Pyar Ke, Chalna Sambhal Sambhal Ke - Yeh Raaste Hain Pyar Ke [1963]

Rafi & Asha - Yeh Khamoshiyan Yeh Tanhaiyan - Yeh Raaste Hain Pyar Ke [1963]


---------- Forwarded message ----------
From: Babubhai Vaghela <vaghelabd@yahoo.com>
Date: Thu, Apr 15, 2010 at 3:46 PM
Subject: Those who had not seen 1963 Hindi Movie "Yeh Raste Hai Pyarke" - History of abolition of Jury system in India because of single legal case "Crime of Passion" (Should Jury system be revived?)
To: right-to-information-act-2005 <Right-to-Information-Act-2005@googlegroups.com>
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Dear All,

Placed below is the brief of the case that changed justice system in India based on single criminal case. A Black & White movie - Yeh Raste Hai Pyarke - was then made that I saw while studying in High School. 

Should the Jury system recommence in India for delivery of justice to the suffering masses, for peoples'  participation in justice system and  help curb judicial corruption - moral as also physical due to abuse of power and due to undue & unjustified non-transparency?

While the main argument of higher judiciary that it should be kept out of the RTI is for judiciary to be independent. The  moot question is whether judiciary ever has acted independently?

RTI era provided an opportunity to look into the relevant papers for an informed decision making.

(Vonod Khanna starrer Achanak was also based on Nanavati case but filmed with an entirely different perspective.)


(Babubhai Vaghela)
C 202, Shrinandnagar V, Makarba Road Vejalpur, Ahmedabad - 380051
M -  94276 08632

(Administrator - Google Group - Right to Information Act 2005)

Background :

In the late 50s, Nanavati case – a criminal case, famously called as "Crime of passion", brought a big change in Indian legal system and after this case Jury system was abolished from India. 

Accused was a Parsi naval officer CommanderKawas M Nanavati who was charged for killing the lover, Prem Ahuja- a sindhi businessman, of his Anglo Indian wife Sylvia. Nanavati was often away on his duty in the sea and leaving his wife alone in Bombay. Prem Ahuja, the rich Casanova, allured Sylvia and thus started a story of love and betrayal, which ended with a planned murder of Prem by Cdr Nanavati.

YB Chandrachud, who later became Chief Justice of Supreme court, was public prosecutor in the case. Ram Jethamlani , being a sindhi, was helping prosecution to nail the parsi Nanavati and Nanavati got life sentence. Nanavati was very bright naval officer and whole Navy was also supporting him. Case also became a battle between Parsi and Sindhi communities of India and who's who of both the communities became involved in the case. Time takes strange turn and soon circumstances became like this that a well known Sindhi businessman fell in a serious legal trap and he appealed for mercy before President of India. He knew Ram Jethamlani through a common friend and asked him to intervene in the case. On other side Parsi community was putting pressure on the govt. to pardon Nanavati. Ram Jethamlani utilized his maneuvering power and soon a settlement was made and both the accused got mercy from President. Nanavati left India with his wife and children. Both the communities were satisfied. Due to controversy about the role of Jurors involved in this high profile Nanavati case, Jury system was abolished from India. (Though Basu Chaterjee made an interesting film "Ek Ruka Hua faisla" ( remake of 12 Angry Men) in mid 80s where fate of a person, accused for the murder of his own father, is decided by 12 members of a Jury where 11 members of the jury are in favor of life sentence and only one person, KK Raina , opposes the decision and argues and in the end convinces rest of the jurors that accused is innocent).

Ye Raaste hain Pyar ke (1963) :

Actress Saadhna's husband Rk Naiyar had directed this film. Dashing Sunil Datt had played the character which was based on Nanavati. Later he did almost similar role in BR Chopra's Hamraj . Strikingly beautiful Leela Naidu had played the role of Sylvia.

Song – Ye Khamoshiyan ye tanhaiyan

Leela Naidu had been Femina Miss India and Vogue magazine had described her as one of the most beautiful women on earth. She had acted before in Hrishikesh Mukherjee's Anuradha where she had played title role and film was awarded with President's Golden lotus award, now known as National award. Leela Naidu did few films only. She married twice, first to Hotelier Bikki Oberoi and later she married to Poet Dom Moraes. She did 2 films with merchant Ivory also. Last time She was seen in Pradeep Krishn's Electric Moon and before that in mid 80s she did Shyam Benegal's Trikaal also. If she had acted only in one film Anuradha even then she would have been remembered by the people.

Rehman had adequately essayed the role of Prem Ahuja.

Song – ye raaste hain pyar ke

With a charming smile and suave persona he was so befitting in the role of a lady charmer Prem. Whenever character artists will be discussed in a proper way, Rehman will be a prominent figure there.

Song – Aaj meri zindagi

Ashok Kumar , Motilal and Shashikala were other actors in in the film. Courtroom verbal battle between Ashok Kumarand Motilal is another highlight of the film.

Ravi had given the good music. Though the case was a highly discussed case in India but perhaps film did not get that much commercial success but it is a good watch and to some extent a rare film based on a real life story.

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