Comments on: Kawas Nanavati and Jury Trials in India http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/ Tue, 02 Dec 2008 14:23:59 +0000 http://wordpress.org/?v=2.0.1 by: Quizman http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-318 Tue, 30 Nov 1999 00:00:00 +0000 http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-318 ..and also resulted in a Gulzar film, "Achanak", starring Vinod Khanna as the armed forces officer. ..and also resulted in a Gulzar film, “Achanak”, starring Vinod Khanna as the armed forces officer.

]]> by: Charu http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-319 Tue, 30 Nov 1999 00:00:00 +0000 http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-319 Oh ! I was going to say the same thing. About Achanak. One look at Vinod Khanna in the movie and I can imagine how charismatic a killer can be.... Oh ! I was going to say the same thing. About Achanak. One look at Vinod Khanna in the movie and I can imagine how charismatic a killer can be….

]]> by: Yazad http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-320 Tue, 30 Nov 1999 00:00:00 +0000 http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-320 Yeh Raaste Hai Pyaar Ke with Sunil Dutt and Leela Naidu came out much before Achanak and was a more authentic potrayal of the affair. But the case matters less to me than the legal issue of jury trials and why they were abolished so perfunctorily. Yeh Raaste Hai Pyaar Ke with Sunil Dutt and Leela Naidu came out much before Achanak and was a more authentic potrayal of the affair. But the case matters less to me than the legal issue of jury trials and why they were abolished so perfunctorily.

]]> by: Gautam http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-321 Tue, 30 Nov 1999 00:00:00 +0000 http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-321 How exactly was the Jury Trial system abolished? Was there a provision, of a right to trial by peers in our constituition, like there seems to be in the American Constituition? Also how were caste issues dealt with in Jury trials? How exactly was the Jury Trial system abolished? Was there a provision, of a right to trial by peers in our constituition, like there seems to be in the American Constituition? Also how were caste issues dealt with in Jury trials?

]]> by: richa http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-322 Tue, 30 Nov 1999 00:00:00 +0000 http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-322 The sordid details of the case made interesting reading.i was absolutely unaware of this drama in the 50's. no wonder it inspired so many movies. The sordid details of the case made interesting reading.i was absolutely unaware of this drama in the 50’s. no wonder it inspired so many movies.

]]> by: vivek http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-323 Tue, 30 Nov 1999 00:00:00 +0000 http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-323 Check out the fiction book called The Death of Mr. Love by Indra Sinha Check out the fiction book called The Death of Mr. Love by Indra Sinha

]]> by: Kishu http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-324 Tue, 30 Nov 1999 00:00:00 +0000 http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-324 Check out the facts of the case and dwell into the distinction between culpable homicide (referred to as manslaughter in the UK) and MURDER with special emphasis to act done by "grave and sudden provocation". Maybe the Indian jury does not have the maturity to discern finer points of law...??? Check out the facts of the case and dwell into the distinction between culpable homicide (referred to as manslaughter in the UK) and MURDER with special emphasis to act done by “grave and sudden provocation”. Maybe the Indian jury does not have the maturity to discern finer points of law…???

]]> by: Yazad http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-325 Tue, 30 Nov 1999 00:00:00 +0000 http://www.yazadjal.com/2003/11/12/kawas-nanavati-and-jury-trials-in-india/#comment-325 Kishu, I've provided links to a detailed feature on the trial. During the appeal, the distinction was made between culpable homicide and murder. Nanavati it seemed had planned it -- he goes to the Naval HQ to pick up a gun, etc. Although provocation existed, it was neither grave nor sudden according to the evidence. It looked premeditated and well planned, leading the appellate judge to rule that it was murder. This all is fine. I am not satisfied with the "immaturity of Indian juries" argument. That to me seems more like a failure to *choose* a good jury. The American system has a process in which prospective jury members are questioned by lawyers for both sides and they could be vetoed. Also, my main questions still remain unanswered. 1. Why were jury trials abolished after just one failure? 2. Were there other cases of the jury being influenced? 3. What is the history of jury trials in India between 1947 and 1960? Kishu,

I’ve provided links to a detailed feature on the trial. During the appeal, the distinction was made between culpable homicide and murder. Nanavati it seemed had planned it — he goes to the Naval HQ to pick up a gun, etc. Although provocation existed, it was neither grave nor sudden according to the evidence. It looked premeditated and well planned, leading the appellate judge to rule that it was murder. This all is fine.

I am not satisfied with the “immaturity of Indian juries” argument. That to me seems more like a failure to *choose* a good jury. The American system has a process in which prospective jury members are questioned by lawyers for both sides and they could be vetoed.

Also, my main questions still remain unanswered.

1. Why were jury trials abolished after just one failure?

2. Were there other cases of the jury being influenced?

3. What is the history of jury trials in India between 1947 and 1960?

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