Isn’t it ironical that all the prime witnesses of the Babri Masjid demolition have got bail? A case of 1992 has come up for its conclusion in 2017. The courts have yet given two more years to finally decide on this case, meaning it will take 27 years to conclude that no one is guilty. I am sure many witnesses would be in their graves by then or will be so old that the court may decide to grant them pardon on compassionate grounds. Well, I am not for or against any Temple or Masjid but I am definitely disillusioned with our judicial system and its process. There is a law of the land. There is a rule book. There are the people who did it which can be seen on tape. There were leaders supporting it. People saw a building being broken brick by brick. That is why I ask, what this due process of law is? There was a judicial commission made and it recommended certain things. Why have they not been considered or brought to its conclusion till date?
One more thing I cannot understand in India is that people who were candidates for Prime Minister, one has been a Chief Minister and in fact are sitting members of the present parliament today, besides being sadhus and sadhavis basically “holy” men and women: if such people start “lying” because their lawyers have twisted the whole facts upside down doesn’t gel with me. They act as if they did not hear, see or utter a word on the issue. These people who have been part of the law making process for India do not have the moral courage to own up and say yes we did it for whatever reasons; popular support, political pressure, emerging as a leader, honouring the manifesto, being swayed away by the wave of that time, whatever. At least say it, own up and be done with it. God save our judiciary, democracy and this country if such trends continue. The longest running commission called the Liberhan Commission concluded the whole issue but in vain. After the passage of so much of time do the courts think that such prominent leaders would remember what they said and did. In so many years a generation would have changed, the lawyers and the judges would have changed. Are we doing justice or hog wash is the question I want to ask?
If an open and shut case of Kasab can take four years to hang then I can understand why this case has taken so long. From lodging of an FIR, to being produced in front of a magistrate if the time given is 24 hours, then what is so great in finishing cases in the same time frame by all the courts? Why do we then teach law is my basic question? Is it to twist the truth? Is it to camouflage the facts? Is it to ensure guilty be left roaming scot free? Or is it to earn regular income by lawyers? Or are the Courts justifying their existence thus? The long list of pending cases adds to the woes and miseries of the genuine people. A murderer sentenced to death can appeal to the President of India, who may not react to the appeal. Cases then shall never end.
I do not know if we do periodically review the number of guilty in our jails. Why there are delays in trying people? If the maximum limit of any charge is say 7 years, are there people who are still languishing in jails beyond that? If so, why are they not let free? On one side our judicial process is so super slow and on the other side our jailing process appears to be cockeyed. In India jail to prisoners’ ratio is remarkable. There is no place inside and we keep adding people. Then claim we taught them to make candles, yoga, biscuits and bread. Well, before these people turned criminals, why hasn’t our systems trained them to earn a living. They wouldn’t have become criminals in the first place. 24 hours in jail terms is two days. I don’t understand the logic at all.
Today, we have people giving on the spot punishments, like the IIT student who went for a beef festival. Akhlak, who stored some kind of meat at home or the valentine day squad making boys and girls to do squats and the cow vigilantes groups who are most active today etc. But we do not prevent fraud, corrupting, deceit, at all levels including the judiciary. If our issue is resolved we don’t care if we used hook or crook. We move on. If we can delay somehow the “Tareekh” at the court, even by producing fake medical certificates, of the lawyer, the accused or both at different times, the hearing automatically keeps getting delayed. The judge changes, the jury changes and our system continues like hither to fore but law stays blind as blind can be.
Be that as it may, I not a qualified person on law and have no justification to comment on the judicial process or the judiciary but as a layman and common Indian I feel that there is too much amiss. Today, if the internet network becomes slow all our faculties go berserk. If need be we will climb on the mobile tower to get that one danda on the network, but just look at our judicial processes, 27 years to understand that what was done, who did it and why it was done, who instigated it, who are guilty and who should be taken to task. All this will happen after thousands of witnesses will be re-examined. I want to salute the patience of the judges, the patience of the defence lawyer, and hats off to the lawyers who are turning this case on its head. I hope it doesn’t turn out in the end that Babar turned in his grave and thus the Masjid self destructed. The people who had climbed up the domes were actually trying to save each brick. The instigators, who are out on bail now, were actually standing there to witness a miracle that how does a Masjid automatically transforms into a Mandir. The speeches they were making were actually divine chants which empower the creator to do such miracles. The police were mute spectators of the blind, deaf and dumb kind.
I think I need to rest my case as nothing in India will move without an affidavit on a stamp paper, a notary’s signature, a lawyer, a judge and the most important person in all this drama is the typist, who has to key in 40,000 words dictated verbatim at lightning speed by his bosses and keep a record of the same. Many of my uniformed community have now joined the “black coat commandos”, I wish them luck. I wish by 2025 we would have no pending cases in any court. Is it possible? I wonder!!!!!!!!!
© Noel Ellis