Justice delayed is justice done
Dr KK Aggarwal
We are all familiar with saying “Justice delayed is justice denied”. But this by no means is a rule.
Most recently, the parents of the murdered 14-year-old Aarushi Talwar, both dentists, were acquitted of the murder of their daughter after 4 years of imprisonment since 2008 by the Allahabad High Court.
Earlier, Dera Chief Ram Rahim was convicted after 15 long years and sentenced to 20 years imprisonment.
Wrong has been done in both circumstances. While, the parents of Aarushi Talwar suffered imprisonment despite being innocent, in the other case, the Dera Chief was free for last so many years and enjoyed a free life in spite of doing wrong and probably kept on doing wrong.
The irony of the situation is that had these been cases of medical negligence, there would have been a public outrage against the doctor concerned. He/she might well have been arrested without the allegations being substantiated.
Both the above stories with two extreme judgements, became national headlines, exemplify justice delayed but justice done.
This then further raises a question, can the judges be made answerable? One who judged the parents of Aarushi guilty and other, who allowed the Dera chief to lead a free life.
If not, then why action against doctors?
In medical negligence cases, the benefit of doubt should always be given to the doctor unless mens rea can be established or the principle of res ipsa loquitur ‘things speak for themselves’ can be applied.
Justice should be imparted without any delay. It is wrong to delay justice.
Disclaimer: The views expressed in this write up are entirely my own