The Death Penalty
PART – ONE
THE SIMILARITY
One
19th February, 2003
Supreme Court of India, Delhi
The crowd packed in.
Lawyers, journalists, commoners, protestors, all rushing in the direction of the courtroom, eager for the significant proceeding, hoping for a positive verdict. It was a bench trial in favour of the prisoner, who was on death row, yet the execution date wasn’t decided by the court. This trial acted as the final proposition to lure out the identity of the notorious killer. Innumerable protestors were waiting, just beside the Court premises, alongside the media. Banners screaming for justice could be seen.
Inside, a panel of five Supreme Court judges made their way to their appointed seats. Justice V. Rathod was the Chief Justice of the Supreme Court. The other judges included S. Balakrishnan, who was the first Judge from the Dalit community and was rumoured to be the next Chief Justice of the Supreme Court. All the judges were dressed in scarlet robes, with grey silk bands and a bench wig. There was utter silence upon their arrival.
Justice V.N. Rathod surveyed the crowd, the counsel parties and then proceeded to look at the convict, Rahul Arora. He was cuffed, his head low, his face hardly reflecting any emotion or interest.
The prosecutor was already on his feet, ready to present arguments and expose the convict further. The defending lawyer, on the other hand, was appointed accordingly. It was expected of him to make Rahul Arora confess, by conferring with him on the same subject, but his efforts didn’t bear any result.
Rahul Arora was still as doped with medications, as before. The notorious killer had taken all necessary precautions and had wiped out the memory of his subordinates by doping them to an extent where they wouldn’t even recognize themselves. According to medical and rehabilitation experts, the effect of the drug was so high that any measures taken to cure the subject with medications, would have only resulted in death. Ultimately, the authorities had no choice but to drug Mr. Arora with similar contents of those drugs, to keep him alive. As a general rule, any confession made by a witness, innocent or guilty should be with a sane mind. An exception was made in this case, however. It was otherwise.
And so was it with the other convict, Abort Hazer. As strange as the name may sound, the stranger was the person himself. No statements or confessions were made by Abort Hazer during his trial. The court had therefore decided the date for his execution. 23rd March 2003.
Rahul Arora was in a similar fate as Mr. Hazer, and there seemed to be no hope for him to crack.
‘The court has received a final motion for the dismissal of execution, in favour of Mr. Arora.’ Justice V. Rathod spoke whilst looking at some documents.
The famed public prosecutor, Ujwal Nikumb stood up and began, 'Your honour, I’d like to politely point to the Court, that we have been over this, numerous times. Every motion filed by the defence was backed with no evidence of innocence, nor any confession. The defence is just stalling the case, which is why I would like to appeal for the dismissal of the motion right away, and a fixed date of execution for the guilty.’
The crowd applauded deafeningly, with a certain symphony. The protestors hailed in favour of the prosecutor. Ujwal Nikumb always had a great deal of support in every case. He had proved his worth, time and again, solving high-profile cases, like the 1993 Bombay Bombings, the murder case of the renowned actor, Gulshad Kumar, etc. He had been provided with the highest security any Indian prosecutor could ever have and he had earned it. The crowd went silent as soon as Justice V. Rathod’s gavel banged hard, demanding silence.
'Your point is valid, Mr. Nikumb. But the court would like to remind you to not self-proclaim on its behalf.’ He ordered.
‘My apologies, Your Honour.’
‘Further, I would like to ask the defence if they have any evidence or argument favouring Mr. Arora’s innocence, or is it still under the assumption of the sheer possibility that the suspect might confess?’ Justice Rathod looked at the defence counsel intently.
Defence Attorney Sumit Sharma was a respectable lawyer who would always withhold victories, but his anxiety would mess with his posture and change the tide of the case often.
‘We certainly don’t have any evidence but we do have a plea, which might make my client confess on the matter.’
'Your honour, I would like to address that the keyword ‘might’ was used by the defendant.’ The prosecutor said.
‘Indeed, it was. What is the plea you wish to mention?’
'With all due respect, Your honour, I would like to request that the court refrain my client from the death penalty if he chooses to confess and reveal the identity of the notorious killer.
The crowd roared with rage, cursing the defence Attorney. The judges on the bench looked at one another, incredulously. It took three bangs by Justice Rathod’s gavel to silence the crowd, anxiety was gripping Sumit’s confidence.
‘Objection, Your Honour! The defendant’s plea is ridiculous.’ Ujwal protested.
‘Objection Sustained.’ Justice Rathod regarded. He turned towards the Defence Attorney. ’I believe the council is aware of the charges Mr. Arora holds. On that account, he can’t refrain from the death penalty, nor can his confession or testimony hold him liable for any special treatment. Unless there is evidence of his innocence, the motion for the dismissal of the death penalty would be denied, and I’m warning you to refrain from making such preposterous pleas again in my court.’
‘Apologies, Your Honour. This was our last shot to learn the truth about the serial killer. Hence, I chose to take the risk, which I now hold back.’
Everyone present in the courtroom, to some extent, agreed with Sumit’s reasoning. Unless some magical evidence popped up from the ground there was no way the public would know about the killer’s real identity. Abort Hazer, too, was done with his final trial, so there was no chance of any confession from his side. The only hope of finding the truth was through Rahul Arora.
'Alright. The court shall have a ten-minute recess. The defence better use this time efficiently, the suspect would be asked for the final count. Irrespective of the yielding results, the motion for dismissal is denied and the death penalty stands.’ Justice Rathod declared.
The crowd celebrated their victories in silence, on the declaration of the death penalty. All the judges left the court-room. The prosecutor bowed at the Chief Justice with a triumphant smile. All that was left now, for him, was a final attempt to make the suspect confess. He glared at Rahul Arora, whose head hung low.
Sumit Sharma wheeled his gaze towards Rahul and whispered,
'This is your last chance at justice. At least for the sake of all the suffering, dead and living, confess! Reveal his identity, no harm would come to your close ones if that’s what you are afraid of.’
‘I do not have a family.’ He spoke in a slow, beaten voice.
‘Then what’s stopping you from exposing him?’ Sharma enquired, annoyed.
‘Memory. I don’t remember anything.’
That’s it, Sumit’s patience was drawn out. He knew it was futile to press Rahul any further. He couldn’t blame him, though; the effects of those drugs were said to be harmful. He slumped in his chair, besides his co-counsel and waited patiently for the recess to end.
After a couple of minutes, all the judges returned. Both Nikumb and Sharma knew that the judges had already decided on a date of execution.
Mr. Ujwal began,
'Mr. Rahul Arora, I’m going to ask you a few questions, with respect to all the violent events that took place five years ago, which I already have in the previous trials.’ There was hardly a nod in response.
‘Do you know the identity of the serial killer?’
'I don’t know.’ He replied softly.
'That could be interpreted in two different manners, Mr. Arora, please only reply with a ‘YES’ or a ‘NO’!’ There was a moment of silence in the courtroom, the crowd was watching keenly.
‘I don’t remember.’ He replied.
‘Mr. Arora, may I remind you that you are under oath.’
‘I don’t remember his identity.’ Ujwal let out a sigh of frustration.
‘Very well. Do you deny the fact that you were in league with the killer when he commenced these atrocious acts? Do you, perhaps, also wish to deny the fact that you were involved in the mass-murders and various other murders committed by the serial killer?’
‘I don’t deny it.’ The spectators cursed him under their breaths.
'Do you know the location of his hideout? Have you had any contact with him while you were held as a prisoner?’
‘I don’t know.’
‘Were you in any way or form, coerced by anyone for not testifying against him?’
'I don’t know.’
‘Do you withhold any crucial information regarding him or his plans?’ ’I don’t know.’
‘Is the serial killer still alive?’
‘I don’t know.’ Ujwal gritted his teeth and paced away.
There wasn’t a single objection from Sharma, as he too had hoped for a disclosure. Chief Justice Rathod studied Rahul Arora for a moment and then looked towards the judges around him. They nodded in unison.
'Mr. Rahul Arora, as an accomplice and active participant in the three mass murders committed by the serial killer, The Stalker and for the deaths, estimated to be around ninety-three people, furthermore charges for withholding the real identity of the serial killer, you are hereby charged with Section 120B of IPC, Section 302,303 of IPC and Section 194 of IPC, respectively. On these grounds, the court decides to sentence you to the death penalty. The hanging will be executed on 15th March 2003. The court is adjourned.’ The courtroom echoed with the sound of the gavel, and the crowd’s roars of joy and happiness. Journalists and reporters scribbled down notes hurriedly, they had a piece of breaking news.
The dead would finally be avenged.
A story judged on the basis of its initial stages is a missed opportunity towards a marvellous journey savoured by those who flipped till the end of all pages.
~The Stalker
