Intro : Despite being slated to be hanged on July 30, the convict and his tacit and open supporters used every opportunity to misuse liberal laws and to delay the execution. The justice is now delivered with many questions unanswered.
There are more unpaid advisers and so-called Rights Activists, than the problem, the country has faced, in the past and is still facing. Instead of ensuring good governance, such people are finding fault with everything. Since they cannot criticise the judiciary, they egg the criminals to go on approaching Apex Court again and again, to delay the cases. Obviously, it is for the purpose of getting publicity in the Media though most of it is Pro India, there are many who play up such criticism, for reasons best known to them either love, or money or for sheer publicity or a desire to increase their circulation.
On July 15, 1985, the late UK Prime Minister Margaret Thatcher, said in a prophetic Speech to American Bar Association, which is very much valid for Indian Government to follow, even now. She said: We share the Common Law. You have enshrined all that we hold dear in that most splendid statement of liberty, the Declaration of Independence. But the rule of law, of itself, does not guarantee justice.
Chronology of events in the case
As Edmund Burke, the most ardent advocate for your cause, put it: “It is not what a lawyer tells me I may do: but what humanity, reason and justice tell me I ought to do”. That is why the law needs to be fashioned and administered with an awareness of the contemporary concerns of the world outside the court. The law cannot stand separate from the society, of which it is part. Increasingly we see evidence of links between the terrorist groups of different countries. They share funds, training, intelligence and weapons—and a total ruthlessness.
A Victory for terrorism anywhere is a victory for terrorism everywhere
…Could anything more clearly point up the need for the Governments and security services of all civilised nations to work together against such people? For a victory for terrorism, anywhere is a victory for terrorism everywhere.
Nor is terrorism confined to countries where lawlessness and anarchy prevail. Its followers abuse the very freedom of open societies to do their evil work. Where they cannot get their way by the ballot box they use the bomb. They intimidate or they eliminate those who stand in their way.
Starve the terrorist and the hijacker of the oxygen of publicity
We need action; action to which all countries are committed until the terrorist knows that he has no heaven, no escape. Alas that is far from truth today….And we must try to find ways, to starve the terrorist and the hijacker, of the oxygen of publicity on which they depend.
In our societies we do not believe in constraining the media, still less censorship. But ought we not to ask, the media, to agree among themselves a voluntary code of conduct, a code under which they would not say or show anything which could assist the terrorists’ morale or their cause… Most vital of all, we must have, the will power, never to give in to the terrorist.
…Therefore, let me say: we in Britain will not accede to the terrorists’ demands. The law will be applied to them as to all other criminals. Prisoners will not be released. Statements in support of the terrorists’ cause will not be made. Jammu and Kashmir is another area, where the terrorists with the local support, on communal basis have a free run of the State, with impunity
Why has India failed to overcome terrorism?
India has failed to tackle terrorism for the simple reason that all terrorism laws were repealed by the then Government in 2004, for appeasement, vote bank politics. There is no effective law to deal with the terrorism in our country. Apart from that, we have still the laws given to us by the British in 1861 and 1863. For everything the laws demand independent witnesses. It foxes me as to how do you expect independent witnesses to be at the scene of every terrorist attack on individuals or security forces or other civilians. The laws specifically say that no confession, made to the Police, irrespective of the rank is admissible in court. While separating the judiciary, from the Executive, the responsibility of upholding the criminal justice system, except the cases for Sessions Court and going upto Supreme Court, rested with the local administration, both legally and practically. Now the Police think twice before even dispersing the crowds, lest they be accused of use of excessive force. More than anything, all police postings have been politicised.
Even for Dealing with the terrorists, there are many bleeding hearts, which differ to put it lightly, instead of condemning, are critical of the Bullet for Bullet Policy, initiated by a former Director General of Police and followed by his successor. I myself was against it, as Inspector General of the Central Reserve Police. Infact anybody opposing the terrorists in 1980’s and 1990’s was the target of the terrorists, including the Media or People opposing them. After seeing merciless killings in dozens, I saw the merit of the policy, as nobody was willing to put his neck in the noose, as an Independent Witness.
I have seen that USA though paid lip service to human rights or official killings, as to how they took hundreds of terrorists to the detention facilities at Guantanamo Bay. Indian bleeding hearts are upset about its being unlawful and violations of Human Rights. We need to ask them as to what comes first: rights of common man or the Rights of Terrorist?
We need to learn and absorb, that if terrorism is not eliminated, we would be subjecting ourselves to being subjugated again as it was during the British Regime. Government of India should not bother about such people being blown up, by a certain section of media both Print and TV in our country. Most of the Indians, irrespective of their religion, will support the Government, if it can convey that it means business. When the Government has willpower failure, it is because it has not anticipated the disastrous future for the country. It is rather overdue to change the policies, laws and approach, which has failed to deliver. Yakub Memon case shows, how the terrorists use every opportunity, to misuse the liberal laws of India. Despite being slated to be hanged on 30th July, he has filed a case in the Supreme Court and to delay, also sent a Mercy Petition sent to the President, which had been rejected. It appears to be a case of Business as Usual.
Joginder Singh (The writer is former CBI Director)
(August 9, 2015 ,Page 18-19)