1. After serving in Indian Armed Forces for 22 years (most of it fighting terrorists) and now being in the business, one thing I can safely conclude that for national economy to grow, we must provide safe and secure environment for business to flourish.
2. Under the prevailing circumstances, I am afraid, the situation is changing negatively for the business. 26/11 attack in Mumbai, not only had shaken the general population, but, a grim reality dawned on business community that they will have to share heavy burden of securing their own businesses. By not providing credible defence to the accused of these barbaric attacks, we are not helping the matter. That would amount to playing in the hands of destructive forces.
3. Though the government would be doing its own bit to re assure population, but, we as citizens, must also join hands with government to help ourselves. There is nothing better than to help own self.
4. I was alarmed to read press reports that there were serious protests against the employment of defence lawyer to defend the case of lone accused survivor of these attacks Mohammed Ajmal Amir Kasab, a Pakistani National.
5. As one of the largest democracies of the world, it is our duty to prove to the world that we cherish the dream of being a democratic nation and we enjoy an independent judiciary. That can be proved by providing not only legal aid to Kasab to defend himself, but, the defence has to be very credible, honest and impartial. By protesting against such defence, we are projecting an image that we do not have credible evidence against the accused and in the event of such a situation, we must overcome the deficiency by mob mentality and try accused by extra judicial means.
6. If we are able to prove to the world (world is watching us), that we ARE NO BANANA REPUBLIC, we stand to gain a lot in our fight against terrorism and shall be able to score a major JUDICIAL victory against our adversaries. Independent trial shall force world to join hands with us to root out the menace of terrorism from this continent atleast.
7. In our own self interests and in the interest of India, Let’s promise a fair trial to the accused.
A very well-balanced and efficiently written post. To be honest, I wasn't even shocked or surprised when I read about the protests. Ironic but true, when it suits people, they want democracy and all that it offers but when true democracy needs to be tested, they don't like it. I actually think the damage on a global scale is done - we're already a banana republic in the world's eyes. Let's hope we can salvage something with the trial going forward.
ReplyDeleteAs a law student, I find it pertinent to observe Right to Legal Representation is an integral part of Right to Life as has been guaranteed by our Constitution (yes,Article 21 - Right to Life applies even to Kasab who is not a citizen). This is the law as it stands today.
ReplyDeleteIn furtherance of this, his case may very well be beyond salvation, but he is entitled to a counsel in the interests of fair trial.
Mumbai state bar and many prominent lawyers had outrightly issued statements that he did not deserve representation, let alone representing him. When lawyers educated on the legal position and principles of fair trial make such emotionally charged statements, one wonders what democracy has come to.
Thanks for having spared your valuable time to reply to the post. Your views have added values to it.
ReplyDeleteThanks
Hi Hakuna,
ReplyDeleteI was not aware of bar council opposing the issue of provision of defence counsel to the accused. Thanks for your inputs. Its really surprising that experienced lawyers took such a stand. I wonder if they were trying to be more loyal than the king or just a publicity stunt or there is any such law which legalises their resolution (I am though not a law graduate but I know for sure that principle of natural justice demands that no accused shall be held guilty if he has not been accorded equal oppurtunities to defend aganist charges). I think, the same principle is applicable to Internation Human Rights laws, as well. That's the reason the law states that dead man cannot be proceeded against in law, because he cannot defend himself.
Thanks
I have read your question, replies thereto, your comments on the replies and your blog on the subject. So far so good. But I have few questions to ask :-
ReplyDelete(a) Where were your so called human rights when hundreds of unarmed innocents were being killed by Kasab and his group of terrorists, at the behest of their masters sitting in Pakistan with active connivance of Pakistani Government ?
(b) Pakistan is in any case in perpetual denial mode. They are habitual in doing so. They did that during 1947, 1965, 1971 and Kargil is still to fresh to recount when we were bringing back our soldiers in body bags. Are we trying to satisfy them through so called fair trial.
(c) Another Indian Government shall come to power in few months - another hijack will take place and we will have another Jaswant escorting KASAB to LAHORE (they shall be bolder now and shall ask minister to drop Kasab at lahore - why go all the way to Kandhar) - Are we to wait for that day ?
(d) Let's be what we are and stop following west to satisfy them. If we believe in ourselves let's do it our way and tell everyone in one loud voice - Here we go and donot dare to repeat.
(e) You need to define limits to tolerance. In this case we are stretching it too far - being fair to everyone else except our own citizenary.
We need to provide credible defense lawyer to give a fair trial to Kasab. We know that any defense lawyer may not be able to defend him from prosecution. However if he is not provided with the defense opportunity the case in higher court will be fought on very different grounds of not a fair trial at lower court.
ReplyDeletePeople who are opposing the appointment of defense lawyer are actually helping Kasab to get benefit in his trial, they should not be doing so if they really working for image of India as sovereign nation
Hi Adesh,
ReplyDeleteRead your comments. I appreciate your thoughts and you have freedom to express.
I would rather like to comment in the same sequence as you have raised the issues :-
(a) Terrorists are terrorists because they do not follow rules and regulations of civilised society - of which we are part. It means, it is not a desired policy to reply a barbaric act in a barbaric manner. No doubt, innocent and indefensible people have lost lives in this (and similar attacks over a period of time at various places), but, we as state, cannot reply in similar manner. If we do so - what is difference between them and us? All other accomplices of Kasab have been killed by our security forces in befitting reply. But, case of Kasab is different. In any case, he is in custody and let law take its course.
(b) As regards Pakistan, we cannot compare ourselves with Pakistan. They are no match in any sphere of activities, be it GDP, its development, scale of economy, its governance or any other field. They are what they are because of the very fact that they have charted a path of voilence against India and supported groups those who believe in guns as means of policy. If we also follow same path, where would be the difference? As you are aware, monster of terrorism engulfs the one who creates it - sooner or later. Same is happening in Pak now - remember the attack on Lahore Police Training Academy recently.
(c) Old days are over. The government of the day could survive because of certain factors which were relevant at that point of time. Our people are smarter now and I do not think Indian Population is prepared to allow the government a similar freedom now.
(d) In any case, I donot think, by granting access to defence counsel to Kasab, we are imitating West. Allowing him to defend himself is in our own interest - but, if by default, it is in the interest of others too - let it be that way. Why should we NOT do a right thing simply because it will suit someone else as well.
(e) I think, the government of the day has done quite a bit on this score and achieved a major diplomatic victory over Pakistan. As of now, they also feel that India's patience cannot be tested forever.
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