INVESTIGATIVE PROCESS
DETAILS ARE LACKING REGARDING THE PROCESS OF INVESTIGATION AND THE FEW DETAILS THAT ARE THERE ABOUT THE PERIODS OF AKBAR AND AURANGZEB DO NOT HELP US TO DRAW A COMPLETE PICTURE.. TRAILS WERE HELD IN THE OPEN COURT. WHEN THE LITIGANTS APPEARED BEFORE THE COURT WITH HIS COMPLAINT ,THE MIR-I-ADL AND THE QAZIS LEARNT THE CIRCUMSTANCES OF THE CASE THROUGH ATHOROUGH INTERROGATION. THEN THEY RECORDED THE EVIDENCE OF THE EYEWITNESSES OR WITNESSES. THE LITIGANTS COULD EMPLOY VAKILS OR LAWYERS. SOME rulers had appointed lawyers lawyers to offer free legal advise to those who could not afford to engage one on their account
GENERALLY THE LAW DISPENSING AUTHORITY GAVE A LITTLE GAP BETWEEN THE HEARING OF A CASE SO AS TO HAVE TIME TO DELIBERATE OVER IT AND THEN BEGAN THEIR ENQUIRY NEW. DUE WEIGHT WAS GIVEN TO THE EVIDENCE TENDERED BY THE WITNESSES.. IN CERTAIN CASES,THE EVIDENCE OF THE HINDUS WAS NOT ADMISSSABLE DURING THE REIGN OF THE AURANGZEB. CAPITAL PUNISHMENT WERE DECIDED BY THE KING HIMSELF EVEN WHEN SUCH CASES WERE TRIED BY DIFFERENT AUTHORITIES. CASES WERE TRIED EXPEDITIOUSLY AND PROLONGING OF THE LITIGATION WAS GENERALLY DICOURAGED .
AURANGZED MADE A RULE THAT NO ONE WAS TO BE DETAINED IN JAIL WITHOUT THE AUTHORITY OF THE QAZI:NO WARRANT OF ARREST SHOULD BE ISSUED UNLESS A PRIMA FACIE CASE EXISTED AGAINST THE PERSON AND THE ARRESTED PERSON SHOULD BE PRODUCED BEFORE A LAW-COURT AT THE EARLIEST. AURANGZED DID NOT FAVOUR INDEFINITE DETENTIONS WITHOUT TRIAL OR CONVICTIONS .HE ALSO FRAMED REGULATIONS FOE THE RELEASE OF THE ARRESTED PERSON ON BAIL. ALL THESE THAT HE EUALLY KEEN TO ADMINISTER JUSTICE EVEN-HANDEDLY IN CASES IN WHICH THE PRESTIGE AND INTEREST OF ISLAM WERE NOT INVOLVED.
THE RULERS OF THE MEDIEVAL PERIOD DID NOT SHOW THE SAME AMOUNT OF CONCERN TOWARDS THE ESTABLISHMENT OF SOUND JUDICIAL JUDGEMENT AS DID THE RULERS OF ANCIENT INDIA . WITH THE EXCEPTION OF FEROZ TUGHLAQ.ISLAM SHAH,AKBAR,AURANGZEB NO RULER THOUGHT IT NECESSARY TO ISSUE ANY LEGAL CODE FOR THE GUIDANCE OF THE JUDGES.. THE EXISTING LEGAL CADE LEFT UNCOVERED THREE-FOURTH OF THE POPULATION VIZ, THE THE HINDUS. A SILVER LINE IN THIS NONE-TOO-HAPPY PICTURE IS THAT BY LEAVING THE CASTE AND VILLAGE PANCHAYATS UNDISTURBED,THE MEDIEVAL RULERS ENABLED THEM TO CONTINUE AS EVRE AND EXERCISE THE SAME INFLUENCE AS BEFORE.