Delayed Justice

The centre’s decision to award a compensation package totaling Rs 330 crores to the victims of the riots that rocked Gujarat in 2002, can at best be described as a pre election effort at applying a healing touch.

A bogey of the Sabarmati Express was reportedly set on fire on February 27, 2002, at Godhra, killing 58 persons. This sparked off the worst ever communal rioting in post independence history in which around 1000 persons lost their lives, and hundreds of others were injured.

The central government, in what can be termed as a belated damage control exercise, has attempted to play the role of a caring guardian for the kith and kin of the riot victims. However, not even the minutest thought seems to have been given to the kin of 85 men languishing in jail for now six years since 2002 – the allegedly accused and the charge sheeted in the train burning case.

The plight of some of their families is pathetic to say the least. Children have been forced to abandon their education since family income has come to a stand still. Mothers have been forced to beg in the streets, Parents have passed away without sons being able to perform the last rites. Wives have gone away leaving aged in laws, to list a few cases in point.

The inordinate delay in the trial can be attributed to the procrastination on part of the Supreme Court, in deciding whether these cases can be tried under the Prevention of Terrorism Act (POTA). Though POTA was repealed in 2004, the Government of Gujarat has refused to go by the Review Committee’s recommendations that the accused should not be charged under the now repealed Act.

The Supreme Court has also to give its verdict as to whether these cases should be tried outside Gujarat. Without the Supreme Court’s ruling in this matter, even the bail applications can not be heard, adding to the ordeal of the accused and their families.

Three former Chief Justices of India, P.N. Bhagwati, J.S. Verma and V.N. Khare, have stated in no uncertain terms that this amounted to a denial of justice and an attack on personal liberties, a miserable attribute to the system of justice prevalent in a country that prides itself in being the world’s largest democracy.

Consequently several questions come to mind. Firstly, are the guardians of the law justified in keeping anybody behind bars without a trail for such a prolonged period of time? Obviously, this is a clear violation of basic human rights.

Also, how can it be taken for granted that all of them are guilty? The special court set up to deal with cases pertaining to the Mumbai riots of 1992 -93 have acquitted far more accused than they have convicted. Were a similar situation to arise in the Godhra train burning case, does the government or the guardians of the law have any moral right to trespass onto personal liberty during the best years of the lives of an individual or his family, merely because the individual is an accused in a heinous crime?

Even if ultimately proved guilty, it is undoubtedly a violation of the principles of justice to let any individual languish in jail for want of a trial. It is high time that the guardians of the law as well as the powers that be both at the state and central levels realise this.

On the other hand, assuming that an individual is acquitted at the end of the ordeal, is he or his family going to be compensated for what ever they have lost and for whatever dreams that may have been shattered?

Another issue is whether the police have been diligent and honest in filing the charge sheets. Is the police charge substantiated by true evidence, or have they just clamped down on individuals to prove that they have more than done their duty? The accused, their families as well as the general pubic have a right to get an answer to all these questions.

Further, why should innocent children have to suffer even assuming that the father or grandfather is guilty of heinous misdeeds, alleged or otherwise?

At the end of the day, is it not the responsibility of the state to ensure that the accused get a fair and timely trial as well as due justice in the interim, while their hapless families are at least able to lead a decent life. Do their children not have a right to education?

The government should fulfill its responsibility in conjunction with the NGOs. There is no dearth of NGOs or charitable trusts which could come forward to finance the education of the children. Similarly the plethora of NGOs which pride themselves in taking up the cause of emancipation and economic independence of women should help offer the wives and mothers a decent means of livelihood. NGOs active in the area of human rights should make the effort to provide legal aid at affordable costs.

Unfortunately there have been instances where lawyers bold enough to take up the defense of accused in similar cases, have received threats, an act which deserves to be denounced in the strongest terms. Every citizen of India has a right to engage a lawyer for defense, and anybody even aiming to deprive an accused of this right, should be dealt strongly by the law.

Those issuing such threats deserve to be asked what they would do if their own brother or father were to be wrongly accused and confined to jail? Would they not seek succour in a defense lawyer?

To eliminate any doubt regarding he authenticity of the charges framed, a review committee should be set up to go through the charges and ensure that there are no loopholes or short cuts of convenience in the investigation process.

Further both the central and state governments should be forced to pay compensation to the undertrial accused and their families for years of a good life that have been lost. Even if some are found guilty, an inordinate delay in the trial should be considered a sufficient ground for claiming compensation. Human rights organisations and elected representatives need to take up these issues in right earnest.




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