It happened in one of the universities of India, Nagpur University, that I was a participant in an inter-university debating competition. My partner fell suddenly sick; he was not able to participate. I was speaking for the subject, he was speaking against the subject. I spoke for the subject, and I asked the judge – who was the chief justice of the Supreme Court – that permission be given to me to speak on behalf of my partner too, because he was sick.
But he said, “How is that possible? You have just now spoken for the subject.”
I said, “Logic is a prostitute. You just give me a chance and I will show you.”
He was interested. He said, “There is no harm. Try!”
I spoke against the subject. I won two prizes: first prize, against the subject, second prize, for the subject. Naturally, I spoke more emphatically for the sick man. And I told the chief justice, “Now do you see? Logic can prove anything, can disprove anything.” And law is only an application of logic in a particular direction.
So legal experts go on arguing, confusing the judge, confusing the juries. It takes years, and even then most of the criminals are released, most of the murderers are released. So much expense, so much wastage of time, so many people involved – finally the murderer is released. In fact, the man who can save the criminal is thought to be a greater expert in law than the man who cannot save the criminal. But by saving the criminal you are harming the innocent person.
It would be far simpler if there were no mediators. Two simple, common men cannot create so much smoke. The judge should be perfectly educated. The situation in America is just the opposite. The judges are elected, elected by the common masses, by political parties. They don’t know even the ABC of law. They are utterly ignorant about jurisprudence – and they are to decide! And confronting them are experts of law who can confuse anybody.
Justice has become more and more impossible. The whole legal profession is illegal, there is no need of it. And judges cannot be elected – that is not democracy, that is sheer stupidity.
The judge should be absolutely knowledgeable about the human mind, human psychology, the laws of the land, the values of the constitution. He cannot be elected; he has to be appointed according to his merit. And then it is so simple: two common men cannot deceive him; within three days the case will be over and the criminal will be caught. But it is strange – judges know nothing of justice, and they have to face experts of law. And behind them are hiding all kinds of criminals. Even such a simple thing people cannot understand – that justice is an expertise.
And there are means which can be used – science has provided so many means so that the courtroom’s whole structure will be different. The man who is testifying should be standing on a lie detector – not knowing it is there. There is no need for any oath. The days of the oath are over; nobody cares about the oath.
I know professional witnesses…. I used to live in a city where the high court of the state was. I had a friend, and I was surprised that he was always moving around the courts; I thought perhaps he was employed there.