Monday 27 January 2014

THE AMERICAN COLLEGE UPDATE….




Hurrah! The false criminal prosecution launched against me in April 2008 under the instigation of the former Bishop & Co ended at last, after 5years 7months and 2days. I stood trial in a special sessions court in Madurai. 

The charges were hurling of casteist abuses on a student and criminal intimidation of him. The jail sentence could have been not less than two years. On 27th November, the Judge called me in and said he would pronounce the judgment at 2.00 P.M. As I walked out of the court hall, the court peon hurriedly followed me in the corridor and scratched my back from behind and in a soothsayer’s voice said, “You are going to get a favourable verdict and please reward me suitably as soon as you hear that.” I only laughed.

At 2.00 P.M. the judge pronounced my acquittal. As I walked out of the court hall, I was received by two of my AC colleagues. (Of the hundred odd loyalists only two remain now). Both sounded very sympathetic and one of them asked me why I should not launch some legal action for having been harassed through a false case by my enemies. I said I did not have a clear answer. But I started thinking as we all walked towards my lawyer’s chamber.


The crucial thing for my acquittal as far as I know, was the categorical admission by the student-complainant during the cross examination, that the complaint itself was false and he did it only under instigation. He further stated that he made such averments initially in the court under compulsion only. He explicitly expressed his regret to the court. 


In my understanding it was perjury. After testifying before the court that day, the complainant came straight to the cafeteria where I was sitting with my lawyers, fell on my feet and asked to be forgiven. I too, in flamboyance spoke words of forgiveness and consoled the youngster saying that all that melting of his soul happened because he happened to tread on the soil of a noble institution called American College. Like a repenting Tamil movie villain in the closing scene, he promised to return to me as a great man much reformed though. I instantly suffered the super consciousness of an Indian Guru.


Now, let me come to the implied suggestion of my friend that I should prosecute the youngster. But I tell him that, this more than five years of harrowing experience, has only taught me greater wisdom than thirst for seeking justice through courts.


Whenever I ask my lawyers about perjury they joke at me saying that my ideas are coloured by courtroom scenes of Hollywood movies. They say that there is no strong perjury law in India. It seems that judges also are not keen on perjury offences committed during court proceedings.


But I blame Lord Macaulay and the British who laid the foundation for our criminal jurisprudence. They surely believed in the oriental notion that Indians are congenital liars. Perhaps they thought, a strict law on perjury would be too harsh on the natives. Less said better about our parliamentarians. They themselves constantly lie on anything from travel claims to declaring wealth. It is quite natural that in the 66 years of freedom they have not thought about stopping lies told in the courts or under oath.


For me, moral laws look somewhat more important than laws of the legislature and pronouncements of the courts. See here, the instigator is not under scrutiny. He is the real criminal. He instantly turned a youngster into a wrongdoer through lure of money. But moral law worked in him at least in slow ferment and changed him in 5years 4months 3 days forcing him to make the confession of truth finally. In fact, the moral ferment worked 3 months faster than the ordinary law through the court. I won. 


“Jesus” said my friend, hearing this. This suddenly reminded me of the Christian Law. I asked my friend “Do you want to know about the Christian Law?” He said “I will be pleased sir…. after all we are Christians.” Then I said, “About 2000 years have lapsed after Jesus was killed through false charges and illegal prosecution… Christian Law does not seem to have caused any ferment in our minds in 2000 years.… especially in the minds of Bishops, High Priests and church men…see how our new Bishop himself recently faced a false case … a rape case.”
With certain desperation and finality, my friend asked me “What is the earthly use of these courts then?” I answered him saying that we certainly need them because this is where both the criminals and the innocent are brought together to tell their lies and truths and wrestle. They call it rule of law, an important ingredient of a civilized society.


Chinnaraj Joseph

2 comments:

  1. "And though they say, The LORD lives, surely they swear falsely"- Jeremiah 5.2...... just came across these words in FB sir.... and thought they were so apt..... :)

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