Re: Musharraf’s treason trial
I only partially agree with what you wrote. From my knowledge and understanding:
It should not happen that two prisoners charged with same crime are judged … and same judge gave two different judgements at same time, as, if that would happen then judge is biased and is not worthy to be judge. Government should see that this do not happen, and if it happens then government should know that person on the post of judge is not worthy of being judge, and need replacement.
Anyhow, what you wrote could happen when we have two different judges or same judge giving judgement at two different times. Reasons:
1: Judgements of judges have elements of personal perceptions towards crimes. That means, two judges may have entirely two different perception of a particular crime and thus can give two different judgments for same crime. Though it could be unfair for a person judged (some finding favourable judge and other finding unfavourable judge), it can be considered as flaw in human judgements, even though both judges could be sincere, honest and unbiased.
Sometime judges also have perception towards person or community getting judged, and thus it is duty of state to see that judges appointed are impartial towards person getting judged, as such judge could become unjust towards particular person or community. Ideally, such person should not be a Judge. (relevant to Musharraf case)
It is also possible that judges have their own grudges or relationship with person getting judged, and in this case also it is duty of state to see that judge that has personal grudges or relationship do not judge a person, as such judgment would be full of biases. Thus, government should have law where accused can ask that judge should be changed, and such plea should be heard. (relevant to Musharraf case)
2: It is possible that same judge gives two different judgements for same crime, but at different time. This happens when judge giving judgment is going through different mood at different times. Even though it is not desirable, but still, it is acceptable as long as judgements are not too far from each other, and there are no biases in judgements.