SPECIAL JUDGE S.M. Tahaliyani brought the trial of a Pakistani terrorist, Amir Kasab, 22, to an end successfully in Mumbai. Initial reactions of people across the globe was that of relief that turned into spontaneous jubilation as the implications sunk into their minds.
The sense of relief and celebration cut across religious lines except in some pockets that owe allegiance to Pakistan and burn the India tricolour off and on. Just across the border, in Pakistan, the people were either apathetic or wore a sad look. The Pakistanis, by and large, did not hope for a total verdict of “guilty” and a sentence of Death by hanging, “to be hanged by the neck till death,” so goes the legal sentence borrowed from the Criminal Procedure Code. Respect the Verdict:
It is the moral and constitutional responsibility of the Executive to ensure that the judgment and order of the Judiciary is respected and carried out. Moreover in the present case it is a matter of national honour and integrity of the nation. If the government of the day at the centre lets the judicial verdict gather dust in files, the common man will lose faith in the Executive. The common refrain of the people across the country is: Do not let the Kasab case end up in the cold storage as that of the Afzal Guru. The man in the street is of the opinion that petty politics of vote-bank must not be permitted to cloud the judgment of leaders at the national plane. Need of the hour is to have the case processed expeditiously at all levels, be it a reference to the High Court for confirmation of the death sentence or an appeal, if preferred, to the Supreme Court and finally a quick disposal of the mercy appeal to the President of India, if made by the convict. If the case file gets stuck somewhere sometime, it would be the moral duty of the officials concerned to have it back on track. It has to be done with speed, without sacrificing principles of fair play and natural justice. The officials concerned have to apply their minds independently without any fear or favour or bias of any kind. The common man wishes to have the merciless and remorseless killer, Kasab, executed summarily without going through the long and cumbersome procedure of disposal of appeals. Unfortunately, it cannot be done that way at this stage as summary execution would not have sanction of law of the land. The wheels of justice move rather slowly. The Anglo-Saxon jurisprudence and legal system that we in India inherited from the British power works like that. Indeed that system does not discriminate between the high and the low; between the mighty and the meek. The maxim that is the beacon light for guidance is: However high one may ever be, the law is above him. It is in keeping with this principle of Equality before Law that a Pakistani terrorist too was permitted to enjoy legal protection. Indeed it is the Rule of Law that saved him from being lynched. It is again the Rule of Law that has permitted him to explore all avenues of defence in a court of law, even going to the extent of being cheeky and disrespectful during the trial. An average Indian citizen thought that enough was enough and the Indian tax payers’ money spent on an Islamist terrorist was like pushing the money down the drain. There is a strong suggestion that the Indian Parliament should frame a new law for trial of a terrorist and save the nation avoidable waste of time and money. Let legal luminaries examine the proposal in depth and come up with valid suggestions. Go On The Offensive: India has been rather defensive in its war on terror. With the result the Indian State had had the ignominy of being subjected to attacks by the Islamist terrorists time and again. We are attacked, we suffer in silence. Our nation, that is a billion plus strong has not been pro-active in tackling terror. The question of being aggressive and attacking the “Factories of Terror” running fearlessly just across the border in J&K has not been debated in right earnest so far. The question of mounting an actual attack on the Terror Camps does not arise as the Political Will to do so is lacking. With the result we are attacked by the Pakistan based terrorists time and again and we take it meekly under the guidance of a meek leadership at the centre. Indeed this governmental mindset must change if India wishes to earn a place of honour in the comity of nations.