Honorable Justice Pasayat's recent public statement that "Terrorists have no human rights" - makes me cringe for cover. Our generation heard "Indira is India and India is Indira" statement of Late D. K. Barua. I am reminded of that statement of 1975, Indian internal emergency. It was a time when "Human rights” were suspended, including “habeous corpus rights". The result we know, already, was the most horrowing time in Independent India. There is a saying in Oriya which can be translated as: “A mother whose son was bitten by snake, is afraid of ropes.” So I admit, I am scared. I want to say – “Never again”.
Even in America of 21st century news about misuse of position for kickback by judges, is being unearthed and state of Pennsylvania is in uproar. So if we give such power to judges in India, there is enough to fear. Because the checks and balances in the system are still not fully developed, to say the least. It is also inefficient and under manned that it's top functionary, Chief Justice of India(CJI) states:, Indian courts will take 466 years to clear its backlog, in a recent damning report.
One can't forget the killing of citizens by Narendra Modi's(Gujarat Chief Minister) cops, D.I.G. D.G.Vanzar & Dy.S.P. N. K. Aminsenior police officers who are now in jails, on murder charges. They first killed innocent people, and then killed more innocent people to eliminate witnesses to their crimes.
The current context thus is obviously more serious, than the dictatorial power politics, of the 1970s. However on the plus side this is now covered in the international media. Also Information from and to all parts of the world are instantly available due globalization, Internet and 7/24 TV/media coverage. Since globalization is the order of the day, should we not look for the best practices, else where?
Interestingly USA has just endured and scathed and just passed through the Bush era(2000 to 2008). Justice Pasayat's theory has been thoroughly tested in USA. They have failed miserably and measurably. This in borne by the fact that ex-President Bush had the lowest public approval rating ever, since such rating have been recorded. In addition Republican party candidate McCain who just owned up his policies to win party nomination, was defeated convincingly, inspite of being a Vietnam war hero and better security credentials.
Just last week I heard President Obama state in a press conference that evidences are now available to him that, in the last 8 years, the rule of law and human rights have clearly been violated. But Americans are less, not more, safe because of these violations. Public safety is not inversely but directly related to rule of law and human rights.
Justice Pasayat is our contemporary from a nearby locality of Cuttack, India. Though I don't know him personally, he must have had the same experience growing up, as me. He had a comparatively privileged background. But he too, must have known the issues of our time. Coming from Odisa, he can't be a radical rightist of VHP/RSS ilk. Hence I am intrigued.
Here is a quote from Voltaire, who with Russo fathered the French revolution and modern liberal thoughts. He states: "I totally disagree with what you say but I am ready to die for your right to make that statement". That was the spirit of freedom of speech, it's heart, it's best. It lead to republicanism and modern democratic states, out of a feudal and colonial Europe. As society advanced concept of Universal Human Rights followed. It came as a more recent development. It was accepted by UN in 1948, as a norm. It was result of much blood, sweat & tears. It was seriously implemented in USA starting with President Carter, some 20 years later and has increased American prestige, internationally.
Question is: Should there be any exceptions in these days of intense terrorism? Answer is a big, NO. You may argue, why not? Because, how then do the little guy David (an individual) fight the Goliath (the state)? During lots of research on many liberation movements - it has come out to light that lack of human rights actually fuels terrorism. Because Government of the day can give the dog (i.e. a dissident) a bad name and hang him(or lock him up). And without the necessary constitutional human rights requirements/protection and safeguards, no one will ever know or be aware of such misuse of power, or the real motive of the Government. Interestingly the charges of gross human rights violations are against the most corrupt national governments of the world, which are famed for their social backwardness too. For example Myanmar, Iran & Afghanistan. Do we want to follow them? Surely, not!
I can't believe an Honorable Supreme Court Justice of India, past it's Golden Jubilee year, said this publicly, as an unqualified statement. It is so insane and inane.
Below is a scenario of what could be an outcome of such a policy, if it is taken seriously and implemented. What will happen in consequence, is far reaching.
Let us take a real example. Recently a RTI activist went to Indian Supreme Court and asked for the assets of the Supreme Court Justices. This followed the recommendation by Chief Justice of India(CJI) for impeachment & dismissal of Justice Soumitra Sen of Kolkata High Court. The Registrar of Supreme court instead of following the RTI, law, refused to provide the info. Pretext- "this info is not in his office but in CJI office". Actually, there is no such separate CJI, office. So the activist went on to challenge this charade, in the office of Chief Information Commissioner(CIC) of India. CIC opined that there is no difference between the two referenced offices and asked Registrar to submit the info. Rightly so, in my opinion and public consensus. However, the CJI forwarded the case to Delhi High Court, which falls under it's own jurisdiction(subordinate office, whose hire and fire it controls) and asked them to decide the case. The prominent Citizen of India have protested and appealed to CJI to yield. The case is in the Delhi High Court. Let us assume that the CJI and Prime Minister are in collusion. Which luckily and actually, is not the case. The Union Law minister has supported the CIC, in this case.
GOI's police could arrest the person who has submitted the RTI and rough him up, and if still the activist does not relent, book him falsely for possessions of illegal arms or liquor etc. And/or for dangerous liaison with the extremist groups, and keep him in jail indefinitely. No proof – nothing. Because they are in an unholy alliance with judiciary and Human Rights have been discontinued by Justice Pasayat and his ilk, will not intervene. In such a situation just Government's statement that he is a dangerous terrorist (or identifying him as an element, undermining the democratic set up), would be enough. Because the judiciary and Government are in a collusion. This will be possible because as Justice Pasayat has stated - this man now has no human rights.
What will happen to activist's children, friends and family? They would now come to the conclusion that since law does not take it's own course in the country, to get justice, they have to take the law in to their own hands. Improbable but possible when the advise of our erudite supreme court judge is followed up on by a suppliant or a colluding Government. We have seen this not too long ago, happen frequently in pre and post colonial India, before the separation of executive and Judicial branches. And the potency is real toxic.
That is why I hope & think, Justice Pasayat, has probably been misquoted. Else he is like you and I, is totally unfit for the high judicial honor, of being a supreme court judge of India.
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