Punishment not sole form of delivering justice, says SC


New Delhi, Sep 29 | The Supreme Court on Wednesday held that handing out punishments is not the sole form of delivering justice, as it quashed criminal proceedings and set aside the conviction of the accused in two appeals.

A bench of Chief Justice N.V. Ramana and Justice Surya Kant, observed that criminal proceedings involving non-heinous offences or where the offences are predominantly of a private nature, can be annulled, irrespective of the fact that the trial has already been concluded or appeal against conviction stands dismissed.

“Handing out punishment is not the sole form of delivering justice. Societal method of applying laws evenly is always subject to lawful exceptions,” it said.

The bench said the high court, noting the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Section 482 of the CrPC, even if the offences are non-compoundable.

The bench emphasised that the touchstone for exercising the extraordinary power under Section 482 would be to secure the ends of justice. However, grave offences, or offences which involve moral turpitude or have a harmful effect on the social and moral fabric of the society, cannot be construed betwixt two individuals or groups only, as they have the potential to impact the society at large, it noted.

The top court said the high court can “adopt a pragmatic approach, to ensure that the felony, even if goes unpunished, does not tinker with or paralyse the very object of the administration of criminal justice system”.

It emphasised powers of the high court, under Section 482 of the CrPC, and the Supreme Court, under Article 142 of the Constitution, ought to be exercised carefully in the context of quashing criminal proceedings.

“In doing so, due regard must be given to the overarching objective of sentencing in the criminal justice system, which is grounded on the sublime philosophy of maintenance of peace of the collective and that the rationale of placing an individual behind bars is aimed at his reformation,” it noted.

The top court invoked powers under Article 142 and quashed criminal proceedings and consequently set aside the conviction in both the appeals, against the Madhya Pradesh High Court and Karnataka High Court verdicts, where the non-compoundable offences were not compounded, even after the parties had reached a settlement.

Source: IANS

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Does MBA really help in getting a better job offer ?

Does MBA really help in getting a better job offer ?

Most students pursuing an MBA come with the sole objective of having a decent job offer or a promotion in the existing job soon after completion of the MBA. And most of them take loans to pursue this career dream. According to a recent survey by education portal Campusutra.com  74% MBA 2022-24 aspirants said they would opt for education loans.

There are exceptional cases like those seeking master’s degree or may have a family business to take care of or an entrepreneurial venture in mind. But the exception cases are barely 1%. For the rest 99%, a management degree is a ticket to a dream job through campus placements or leap towards career enhancements. Stakes are high as many of them quit their jobs which essentially means loss of 2 years of income, apprehension and uncertainty of the job market. On top of that, the pressure to pay back the education loans. Hence the returns have to be high. There is more than just the management degree. Colleges need to ensure that they offer quality management education which enables them to be prepared for not just the demands of recruiters and for a decent job but also to sustain and achieve, all along their career path.

  • So, what exactly are the B Schools doing to prepare their students for the job market and make them industry ready ?
  •  Are B schools ready to deliver and prepare the future business leaders to cope up with the disrupted market ?  

These are the two key questions every MBA aspirant needs to ask, check and validate before filling the MBA application forms of management institutes. And worth mentioning that these application forms do not come cheap. An MBA aspirant who may have shortlisted 5 B Schools to apply for, may end up spending Rs 10,000.00 to Rs 15,000.00 just buying MBA / PGDM application forms.

While internship and placements data of some management institutes clearly indicates that recruiters today have specific demands. The skill sets looked for are job centric and industry oriented. MBA schools which have adopted new models of delivery and technology, redesigned their courses, built an effective evaluation process and prepared the students to cope with the dynamic business scenario, have done great with campus placements despite the economic slow down.

However, the skill set being looked for by a consulting company like Deloitte or KPMG may be quite different from FMCG or a manufacturing sector. Institutes need to acknowledge this fact and act accordingly.

  • Management institutes should ensure that students are intellectually engaged, self motivated and adapt to changes fast. In one word ‘VUCA ready’.
  • B Schools should encourage students to participate in national and international competitive events, simulations of business scenarios.
  • Institutes should have the right mix of faculty members with industry exposure and pure academics.

The placement records of 2021 across top management institutes indicated the fact that recruitment is happening, skilled talent is in demand and certain management institutions continued to attract recruiters even in the middle of an ongoing crisis.

It is time, all management institutes rise to the occasion, understand market realities and identify areas of improvement at both ends – students and faculty.

After all, the stakes are high at both ends. B Schools taking corrective measures will stay while those which are lagging will end up shutting down.

Author Name : Nirmalya Pal


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