B L Saraf
The Delhi police and those entrusted with the job to protect the helpless citizen from murderous onslaught of the terrorists may have forgotten martyrdom of the daring police officer who took on the terrorists in the Batla House encounter , four years back. But not by our professional “bleeding hearts “. Their love for the ‘freedom fighters ‘ and the ‘defenders of faith’ have not diminished a bit. Who can forget the boast of the then head of the Jamia Millia that he would defend his students, at the university expenses , who were alleged to have taken part in the episode , forgetting that the UGC does not provide funds to defend the criminal elements among the students. Taking cue from their boss the teachers of the Jamia Milia came under the banner Jamia Teachers Solidarity Association (JTSA) to take up the cause of those who were caught in the war lodged against the Indian state. Post Batla episode the association took upon itself to protest ” against illegal detention , encounter killings and communal witch hunts by the anti- terror agencies .” One shudders to think what a storm would have been raised by the so called secularists if the teachers in B H U had embarked up on like exercise, to save nation from the saboteurs .
On 4th anniversary of the Batala house episode, JTSA released its report titled ‘Framed , Damned , Acquitted ; Dossiers of a very Special Cell ‘, which examined 15 cases of men charged with terrorist activities and then acquitted by the courts. The occasion was marked by the presence of perpetual contrarian, with a bleeding heart for a rebel against the state – Ms Arundati Roy . She addressed the gathering and , reportedly, said” …….the debate was beyond religious lines as the Indian state had been trying to ‘militarize’ ever since it aligned with pro- market countries like U.S and Israel .” Mark the countries named . On occasions, for no worthwhile reason, they evoke strong reactions among a significant section of the country’s populace. Classic example of pandering to the minority sentiment.
The cases of the alleged militants, mentioned in the report, have been dismissed , mainly, on account of faulty investigation , non-production of actionable evidence and other technicalities. It has been the bane of our investigating agencies that even in a normal crime the investigation is so botched up that the law fails to catch up with the accused . So, often the guilty escape dragnet more due to the failure of investigation to bring proper evidence against them than by the fact of their innocence . The courts in India seldom follow principle of inquisition. Moreover, India does not have a state structure capable of meeting the challenge posed by the highly trained and motivated terrorists. Apart from that, the terrorism related cases in India are political mine fields. For the practitioners of vote bank politics, the hasty and indecent burial of these cases is a most desired thing . That fully explains why men like Digvijay Singh, Mulayam Singh and Azam Khan etc are frantically let loose when some among a particular community are caught on the wrong feet . The will to fight the menace of terrorism dissipates. And then the investigating men do the cover up job . No wonder , the terrorist comes out laughing .
The position at the global level is no better. In 1999, after terrorist attacks on US diplomatic Missions in East Africa , the UN asked all its member states to freeze the assets of Al Qaeda and prevent supply, sale and transfer of arms to anyone connected with the organisation . Since then dozens other terrorist outfits have been added to the list. 13 years down the line, however, UN’s internal monitors have concluded that sanctions have achieved nothing . Observers tell us, very apt in our context, that counter -terrorism regimes will yield results only when there is a strong will to enforce the law and the norms .
Rest assured, nothing will please our libertarians when it concerns the terrorists. Come acquittals- damned be the police and the intelligence agencies . Get convicted – courts become the objects of attack. Recall Afzal Guru’s case – same group of persons who graced the JTSA show went hammer and tong against the trial court ; even the Apex Court was not spared when it confirmed orders of the trial court .
Hold on a while ; the paratroopers with ‘ bleeding hearts ‘ are in wait to jump on Ajmal Kassab’s case and go to the town chest beating that he has been framed by the wooden hearted right wingers and his confession is extorted. Conveniently, taking out Pakistan from the sordid drama . The ‘ human rights champions ‘ must know that by raking up unnecessary controversies they are causing harm to those whom they claim to serve .
(The author is former Pr, District & Sessions Judge)
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