‘Deathless’ litigation : The Tribune India

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‘Deathless’ litigation



The severest punishment is not the ‘death penalty’ but the preceding deathless litigation. Many undertrials languish in jails for long periods which is the highest punishment prescribed for the offence they are charged with, throwing all canons of liberty and freedom into the fire because of our insensitive justice delivery system. Would it not be a travesty of justice to keep a person in jail for long years for an offence which is ultimately found “not committed” by him? It is common knowledge that some accused are in prison for three or more years, but the courts have not even framed charges to begin trial. It is the death of a fundamental principle of justice.

BRIJ BHUSHAN MITTAL, CHANDIGARH


Attack on activists

Refer to ‘The death of Fr. Swamy’; it was sad to read about the demise of the Jesuit priest and tribal rights activist who worked for more than 30 years on various issues of the Adivasi community on land, forest and labour rights. This includes questioning the non-implementation of the Fifth Schedule of the Constitution, which stipulated the setting up of a tribes advisory council with members solely of the Adivasi community for their protection, well-being and development in the state. The Left ideology is opposite to that of the BJP and it wants to make sure that the Left is wiped out and every Left leader languishes in jail. Swamy was among the oldest person to be accused of terrorism in India. There have been widespread protests across India by many calling for his release, but nothing came of it.

Bhagwan Thadani, Mumbai


Real tribute to Fr. Swamy

The news of the death of Father Swamy came as a shock. One wondered why the government incarcerated the old and ailing man. It is unfortunate that the media and the civil society, which is paying glowing tributes to him today for championing the cause of the meek, failed to launch a movement to secure his release. The callousness of the jail, the NIA and the judicial authorities was evident in denying him bail. Our criminal justice system is hostage to the political powers. When the United Nations Human Rights Council and other human rights organisations called the circumstances of his death as ‘disturbing’, ‘inexcusable’, and ‘devastating’, our MEA says that it was all strictly in accordance with the law. Will the new Chief Justice of India, NV Ramana, restore the ‘rule of law’ to further democratic governance in the country? Will the Press and the civil society rise to the occasion and be the voice of so many behind bars crying for justice? That will be the real tribute to Father Swamy.

Lt Col GS Bedi (retd), Mohali


Inhuman act

Refer to ‘The death of Fr. Swamy’; the denial of bail for eight months to an 84-year-old Parkinson’s patient has marked a blot on the making of the UAPA. The NIA did not conduct any interrogation since his arrest but still objected to his bail. The Act seems to be made to arrest any opponent without any proof of terrorism activity to silence the opposition. This Act needs to be repealed so that such inhuman acts are never repeated. What damage can an 84-year-old person cause to the state? The matter may be investigated to find out the reason to keep him in jail without bail. Responsibilities and accountability must be fixed. The Act should not be used to harass innocent people.

Wg Cdr Jasbir S Minhas (retd), Mohali


Bhagwat’s remarks

Refer to ‘Bhagwat: Those behind lynching against Hindutva’; Bhagwat’s remarks downplaying religious divides and foregrounding a national identity were made to Muslim Rashtriya Manch of the RSS. But his observation that the DNA of all Indians is the same, irrespective of religion, his critique of incidents of lynching, and his emphasis on the primacy of the rule of law are nonetheless important because of two reasons. First, his speech comes at a time when the cost of division and social strife is rising as the economy struggles to recover from two Covid waves. Secondly, his words can be read in the context of electoral political challenges for the BJP because the Muslim vote deserted the Congress and CPM en masse and consolidated behind the TMC. What happens if in the UP Assembly elections, the sizeable Muslim population rallies behind only one Opposition party. Such a tactical mobilisation combined with incumbency factor can be worrisome for the BJP. Bhagwat’s remarks are welcome, but they need to be read in the context of evolving strategies of India’s most election-focused party.

PS HANSPAUL, by mail


Letters to the Editor, typed in double space, should not exceed the 200-word limit. These should be cogently written and can be sent by e-mail to: [email protected]


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