Two plus two..

Two plus two..

In mathematics and arithmetic calculations two-plus-two is always four, but in social issues where two or more than two persons interact with one another and want to arrive at some common point of view, the result of two-plus-two is not always four, this may be three, five or six which may be acceptable in certain cases as in these issues, conclusion cannot be drawn in black or white and there is always room for grey area. But if two-plus-two makes ten, twenty or more than that, it certainly creates problems in the society. If such abnormally unexpected results are arrived at in government decisions, official decisions of bureaucracy, or decisions of the Judiciary then these decisions are really harmful for the State affairs and society in general and for individuals in particular. It is commonly observed that decisions of higher courts are sometimes different at one-hundred-and-eighty-degree opposite to that of the decisions of lower courts. One may be compelled to think that if the facts of the case are same, the law and rules related to case are same then how one decision can be made just opposite to the other decision. At a certain point of time when crime was allegedly committed, the facts about happening of the incidence were narrated and allegations were levelled against the accused in the FIR and after investigations charges were framed against the accused, then after going through all the necessary steps of court proceedings under certain laws / Rules, the courts decide the case. The appellate court again studies the case, goes through the prescribed proceedings and decides the case. The results of decision of the appellate court are sometime very surprising when we see that the trial court awarded for example, penalty of death sentence to the accused, whereas the appellate court exonerates the accused from all the charges and acquits the accused honorably. Similarly, in many cases the accused are awarded penalties of imprisonment for many years, the convicted person prefers appeal in the higher court. The appeals remain pending for many years and the convict keeps on spending long time of his life in the prison. Then one day the accused is informed that the court has declared him innocent and hence freed him from the prison. If one court dismisses an employee from service, the other court reinstate the same employee with all benefits. These cases prove that glaringly wrong calculations of two plus two had been made at one of the forums. Similarly in the cases where different articles of Constitution and/or Laws are presented before the honorable higher courts for interpretation, big teams of highly qualified and experienced lawyers argue the cases and present references in support of their arguments before the honorable Courts comprising of highly qualified honorable Judges having vast experiences of decades of years, but the interpretations by the honorable Supreme Court are sometime totally opposite to the interpretation made by the High Courts. Even in some case one or more learned members of one bench disagree with the interpretation made by their fellow members of same bench. Here again someone may think that there is certainly a miscalculation of two plus two. A common man, a lay man like me is surprised as to how two plus two is calculated so differently by the honorable judges after going through the same references and listening the same arguments made before them by the learned lawyers. In my humble opinion the huge differences of opinion may be due to lack of understanding/interest in the case, casual behavior towards the case or some ulterior motives of some of the decision makers. People expect that the confusing points must be clarified by the courts and not the otherwise. If the decisions are made with casual behavior or pre-determined minds then this would prove to be a sheer wastage of time and resources, besides having serious repercussions on the individual and collective life of the society and the country.

Author: Ch. Shakoor

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