JOLLY LL.B 2 MOVIE REVIEW:LEGAL IRRELEVANCY WITH SOCIAL RELEVANCY
Keeping in mind the implied obligations of a movie towards the society,it is expedient to make a neutral analysis of Jolly LL.B 2 Movie for which Legal Irrelevancy and Social Relevancy-two contradictory things need to be reviewed simultaneously.
LEGAL IRRELEVANCY
Movie is one of the essential technique of learning which has influence over people's thought and action.Therefore,it is an implied responsibility on the part of movie-makers to show only such information which is correct and relevant according to actual position so that people can not be misconceived and misguided.
It is pertinent to mention hereunder two major legally irrelevant things shown in the movie-
(i) Judicial Custody on ground of the Narco Analysis-A Prosecution Witness has been sent to three months judicial custody on ground of his video recorded statement of the Narco Analysis wherein video was fabricated and he was shown admitting his statement false at the behest of the Prosecuting Lawyer.
The Court ordered the Narco Analysis of the Witness without taking his consent.Hon'ble Supreme Court in Smt. Selvi & Ors v State of Karnataka & Anr ,AIR 2010 SC 1974 held that no individual should be subjected to Narco Analysis and other such techniques without his consent.The court held that subjecting an individual to such techniques is violation of the 'right against self-incrimination' provided under Article 20(3) of the Constitution and Section 161(2) of the Code of Criminal Procedure,1973 and right of personal liberty.The court also held that the test results can not be treated as evidence.However,any information or material that is subsequently discovered with the help of voluntarily administered test results can be admitted,in accordance with 27 of the Evidence Act,1872.
Therefore, conducting Narco Analysis without the consent of the witness and treating same as evidence against him was far distant from actual legal position.
The Court ordered the Narco Analysis of the Witness without taking his consent.Hon'ble Supreme Court in Smt. Selvi & Ors v State of Karnataka & Anr ,AIR 2010 SC 1974 held that no individual should be subjected to Narco Analysis and other such techniques without his consent.The court held that subjecting an individual to such techniques is violation of the 'right against self-incrimination' provided under Article 20(3) of the Constitution and Section 161(2) of the Code of Criminal Procedure,1973 and right of personal liberty.The court also held that the test results can not be treated as evidence.However,any information or material that is subsequently discovered with the help of voluntarily administered test results can be admitted,in accordance with 27 of the Evidence Act,1872.
Therefore, conducting Narco Analysis without the consent of the witness and treating same as evidence against him was far distant from actual legal position.
(ii) Public Interest Litigation filed in the Court of Session-Like Jolly LL.B Public Interest Litigation was again filed in the Court of Session.Public Interest Litigation is a Writ Petition which can only be filed in the High Court under Article 226 and in the Supreme Court under Article 32 of the Constitution.However,this movie creates a reformative question that there should be the provision in law to file Public Interest Litigation even in the District & Session Court.Trial of a case can not be conducted while exercising power by the High Court and the Supreme Court under Public Interest Litigation as shown in the movie in respect of the Court of Session.It can only direct investigation,monitor investigation and direct a fresh trial by subordinate court.
SOCIAL RELEVANCY
Despite being legally irrelevant in the terms referred above,this movie is socially very relevant.
What this movie depicts in the name of encounters is real.It is not exaggeration to say that most of encounters done by police are fake.Fake encounters are done by police for money and promotion as has been shown very well in the movie or to serve the political purpose.This movie expects from us to be investigative against encounters.It messages us to not understand such police officers brave and hero without knowing the reality.This movie encourages us to fight against so-called brave police officers who are so timid that who murder unarmed innocent person and exhibit their so-called bravery by converting an unarmed innocent person into an armed dacoit,terrorist etc.
The words of the Judge before passing sentence in the movie reflect the faith of people on the Judiciary.The Judge talks about obligation of Judges to maintain and preserve the faith of people on the Judiciary.In many cases of fake encounters,accused persons are being acquitted.It results in loss of faith on the Judiciary by people.
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