Tuesday, March 1, 2011

Judicial Pronouncements:- Ayodhya,Kasab and Godhra.

As the good old saying goes 'Justice delayed is Justice denied', 'Justice hurried is Justice buried'.As far as high profile cases are concerned the judiciary has to be extremely wary and circumspect while administering justice and giving a judgement as there is strong public opinion,political under currents and media 'trial'. It would be naive to assume judges are uninfluened by media,public opinion and political consequences of the verdict they intend to deliver. Considering all these issues in its entirety justice is based on merits,evidence,equity,good conscience and in keeping with the law of the land. The judicial system must not either become a sympathiser of the political establishment nor get swayed by public opinion nor give credence to media sensationalism.


Ayodhya verdict is perhaps the most anticipated and talked about verdict in the history of post independent India. The entire nation was on tenterhooks and security was beefed up to avert any untoward incident and nip communal flare-ups in the bud. No sooner the verdict was pronounced it was perceived as a Pro-Hindu, Pro-Bjp verdict but nevertheless the judges relied upon the merits of the matter, findings of Archeaological Survey of India,expert evidence and the nuances of title and interest of the parties to the proceedings. It was unbecoming of certain section of public and media without knowing the actual niceties of the judgements were criticial and sceptical of the judgement raising an eye of suspicion, these were people who said they would accept the verdict but since they found the verdict unpalatable made a hue and cry this change of stance smacks of hypocrisy and doube standards.

Kasab's judgement was a forgone conclusion and the fact that there was lot of money spent on his security and there was a special court constituted was the bone of contention of general public.The enormous money spend was indeed a loss to the exchequer but capturing kasab alive proved very beneficial to India as interrogating him and getting evidence India could successfully point a needle of suspicion towards pakistan and unearth the conspiracy hatched on their soil. We also proved to the entire world that the Legal system that India follows gives free and fair tial to any accused irrespective of the crime he is alleged of and this legal provisions applies to foreign nationals as well as crime is territorial in nature.

The year 2002 is the darkest year in the history of Gujrat as the gruesome killing of Car Sevaks trigerred communal riots of the most diabolic and brutal nature. Narendra Modi was demonised and alleged for being an abettor and instigator of the riots.There were all sorts of cock and bull stories that the train compartment caught fire on account of accident and this claim was debunked and denounced by patna high court when the court rejected the findings of the Banerjee Commission report. The court has held 11 guilty, despite this verdict people are still harping on post-godhra pogrom however the perpetrators of godhra train massacare are ones who polarised the people of gujrat by setting ablaze the train which had kar sevaks and now the court has said it was a conspiracy all the cock and bull stories have been put to rest.

Its high time Human Rights activists respect judicial verdicts unconditionally rather than in a manner in which if a judgement is contrary to their views there is pandemonium. Godhra verdict should be an eye-opener to the human rights activists that they need to check their facts before alleging godhra to be an accident.its time human rights activist do some soul searching and epouse issues which are imperative like catering to the family of the victims of godhra train mayhem than support the convicts in terms of their right to appeal which they are entitled to but no amnesty should be shown to such people as they are incorrigible.