Ever since RJD leader Lalu Prasad Yadav got convicted in the Fodder Scam, he has been shouting Injustice!
Why Lalu Prasad Yadav is doing so?
But before I share the reasons, a bit of a disclosure: This is not a reasoning from a legal expert. Hence read it as something from someone who has read a bit about the topic.
In Legal System, there’s a concept called ‘Plea Bargain’. To put it simply, plea bargain (also plea agreement, plea deal or ‘copping a plea’) is an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor.
Plea Bargain does exist in India, to what degree, we will not be discussing Here. Lets arrive at the reasons quickly.
Laloo Prasad Yadav is complaining injustice as he was the complainant in the case. In simple, it may be construed as Laloo Yadav becoming a witness or arriving at some sort of agreement, under which he was promised a lighter sentence, if convicted. But this didn’t happen and Laloo Prasad Yadav ended up getting the highest Jail term and Fine. I can assume this happening, as Laloo Yadav’s Lawyer did quote his client’s hundred percent cooperation in the trial. In addition, when Laloo Yadav suspected that the judge would be partial to him, he requested the SC to change the Judge in his case.
Lalu Prasad Yadav’s Case Brings to Fore a Bigger Question relating India’s Legal System and Investigation
It’s true that any such concession arrangement can’t be honoured all the time; if the judge sees a real cunningness in it. For instance, what if the main accused bargains such a leniency in punishment? In such a case the judge is bound to see it as a clever tactic to avoid harsh punishment.
But there’s another side to this as well. What if a lesser of the accused, bargains with the prosecutor such a leniency? In such a case, since the lesser of the accused actually helps the investigation get the main accused convicted; hence his/her contribution must be honoured. And this must be complied with all the time. Why I think so?
Plea bargain and other such tactics help the investigation get information from the accused without using any strong methods (beatings, torture etc. ). Hence when a court fails of honour such bargains, it silently gives its approval to Police custody Beatings and Third degree torture, often used by the Police to derive a confession from the accused. Now powerful people in India, like Laloo Prasad Yadav, never face police high handedness; it’s always the common man. So Laloo Prasad Yadav’s viewpoint here must be seen from this viewpoint as well.