Commenters have suggested that Justice Iyer is getting senile. Not really, it is Justice that has suffered from an onset of senility. Amartya Sen will be writing a book about what V R Krishna Iyer has already put in practice. Justice, acording to Sen, will not be achieved by identifying specific principles that are to be upheld, violation of which would constitute injustice. Instead, like pornography, we will know injustice when we see it. So, Justice Iyer saw injustice in hanging Dhananjay Chatterjee, so he opposed hanging him. He sees injustice in dowry harrassment, so he supports hanging those who drive women to death for dowry. The relevant principles can be thought up after we figure out which side we are on.
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Is it an onset or an already-set, an always-set of senility?
common law, trial by jury, empathetic jurisprudence; all these senile notions have existed since yore.
If we could judge based on a non-senile algorithm, why do we need judges?
First, he should learn some humility. Instead of addressing himself royally as ‘V R Krishna Iyer”, he should call himself, ” I am Krishna Iyer.”