Wednesday, June 18, 2008

The Astrology of a Criminal Appeal

Criminals are ruled by Rahu, the North Node of the Moon. The allegation of criminality is also ruled by Rahu and might be caused by the Rashi Drishti of Rahu to the Arudha Lagna. Such a case would presuppose the absence of criminality in the person under scrutiny, though the allegation would pertain to exactly the same thing. For instance, Rahu in Vrishchik or Mesha Rashi aspecting the Pada would lead to an allegation that the native committed a violent offence though just going by this placement of Rahu, the truth would be exactly to the contrary. Rahu deceives and could indicate a frame-up.

On the contrary, the allegations could be quite true. Indeed, the whole thing might be viewed divorced from the reference of an allegation. There may be a crime and people may be accused of it. The truth of the situation, that is, the truth or falsehood of the criminal involvement of a native would be judged properly from the Lagna Bhavas.

An appeal from a Judgment and Order is ruled by the planet Budh as this Graha provides the options and multiplicity to approach the courts again. Litigation is adversarial, indicated by the 6th House from the Lagna, and the planet Shani is the Naisargika Karaka for the same. Shani indicates loss as the Karaka of the 6th Bhava from the Lagna and also brings about the nuisances and sufferings from the same. The party that loses the case before a certain court has the option to file an appeal either before another Bench of the same Court or before a higher Court. There are various kinds of appeals and the plurality is indicated by the planet Budh as stated earlier. Budh also indicates other options and possibilities coming into play such as a party being only partially aggrieved by a Judgment and Order and moving the appellate court only against that part of the Judgment and Order against which it is aggrieved.

Parties insofar as they are human beings would be indicated by the planet Jupiter/ Guru as it is also called Jiva. A corporation may also sue or be sued and so may states, government bodies etc. These are all juristic persons and personality is attributed to them through a legal fiction. Such parties would be a combination of Jupiter and Mercury, as the latter planet playfully imbibes the personal element to the party. However, even behind such parties, there are inevitably human beings indicated by Jupiter, only that they are in the background of things. Without digressing too much into it, some other antics of people are also interesting when they use Venus (corporate) to cover their tracks and try and evade liability including tax liability. In legal terminology this goes by the name of 'lifting the corporate veil' and in astrology this corporate veil would be brought about by Venus and Rahu, the latter specifically indicating the deceit sought to be perpetrated by couching individual actions behind a veil.

The sign Tula or Libra stands for the courts and the judiciary as the sign is depicted by scales indicating the balance of justice. The colour of this sign is black and contributes to the black garb of lawyers and judges, the latter symbolised by the planet Jupiter. Thus the inanimate courts and the garb should be seen from the Rashi whereas the officers of the courts themselves should be judged from the planet Jupiter.

Let us consider the quite specific case of a criminal appeal, any criminal appeal at the outset, that might be filed before the Hon'ble Supreme Court. Firstly, the criminal appeal has to be distinguished from a Criminal Special Leave Petition that might be filed craving for special leave from the Hon'ble Supreme Court to allow the party concerned to appeal against the impugned Judgment and Order. Here, it may be pointed out that a Judgment would partake of the qualities of Jupiter as it is concerned with the law while the Order is concerned with direction (s) and specifics that have necessarily to be enforced. These latter could also be punitive in nature as should be traced back to Surya and Mangal, the two Grahas that have the power to issue 'Danda' or punishment. This should be interpreted as carrying the basic element of necessary enforceability rather than embodying punishment simpliciter.

So, a criminal appeal or any appeal before the apex court is statutory and some enactment would contain a provision that would allow the aggrieved party to prefer the same as a matter of right. Both the codification and the inherent right to file an appeal, whether criminal or civil, point to the greater role of Jupiter in directly appellate jurisdiction, whether civil or criminal. Codification is an important constituent of the law of which Guru is the Karaka. The codified law in the form of statute or code or a manifest bare act of the same would be a type of book and thus ruled by Mercury. But the constituent right and the codification veer more towards Jupiter as they emerge from the heart of the law of the land.

Readers will appreciate that these two benefic planets form a huge planetary backdrop of the legal profession and litigation. This could be a reason why the profession is considered to be one of high learning, knowledge and wisdom requiring years of painstaking study and reading. In fact, when an arguing counsel takes on the personality of the Petitioner or the Appellant on the one hand or the Respondent on the other, saying 'I', 'mine' on behalf of the party, it is Mercury at play again.

A direct appeal to the Supreme Court is thus something of a special case and bypasses an intermediate stage of issuance of notice or refusal of the same.

There is some existential conflict in all litigation but in a criminal appeal the pulls can be seen in the fact that Rahu denotes criminals and Guru denotes the right to appeal. There is a sensibility of Guru-Chandala Yoga which manifests either as an uneasiness in defending a possible criminal who may have committed a heinous crime though there is never any way of truly knowing whether someone is guilty of a crime or not. One works on the basis of the records available which could be reliable and may not be reliable. On the other hand, there could have been a mistake or a frame up in which case the proceedings against the accused persons are again a manifestation of the Guru-Chandala Yoga in that a bald and scandalous allegation to the Arudha destroys the credibility and freedom of the accused.

If justice is done in the eyes of life then Guru wins and if not then Rahu does. But the discomfort of the battle assails the human being witness and participating. Or perhaps it might be better to say that the humanity (Guru) of the human beings present and participating is always stressed depending on which side of the litigation they are on in the facts and circumstances of a given case. This is so because Guru rules the value system of the Jataka.


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