‘The Court
of Last Resort’
It has been felt for quite some time that injustice is being done
to a large number of people who have been languishing in jail either as under
trials whose cases have not been heard for several years, or who have unjustly remained
incarcerated, either because:
(1) The police have
fabricated evidence against them, or
(2) For want of
proper legal assistance, or
(3) Who have had
to spend many years in jail and ultimately found innocent by the court.
Many of such persons in jail belong to
minorities who have been accused only on suspicion and on pre-conceived notions
that all persons of that community are terrorists. Whenever a bomb blast or
such other terrorist event occurs, the police often is unable to trace out the
real culprit, and yet it has to show that it has solved the crime. Consequently
very often the police rushes to implicate and charge a large number of youths
of that minority community on mere suspicion, whose bail application is very
often rejected and consequently they have to spend several years in jail. In
such matters either the police often fabricates evidence against them to justify
their acts and secure conviction, or the cases result in acquittal of innocent
accused persons after they have spent several years in jail. A classic case is
of that of a young boy Aamir who was 17 years of age when arrested, and who
spent 14 years in jail after which he was found innocent.
In the 6th April 2013 issue of
Tehelka there is an excellent article by Shoma Chaudhry entitled , ‘The Fight
for Muslims is fundamental for the survival of Democracy’. In this article she
has stated that over the past few years TEHELKA journalists have documented
hundreds of stories of innocent Muslims languishing in jail after being brutally
tortured on flimsy or false charges. Each case hides hair raising stories about
prejudice, incompetence and deliberate malafide, and also mentions stories of
pain, destroyed lives and hollowed futures.
Shoma writes that innocent Muslims have been
jailed with impunity in India over the past decade because it was easy to jail
them. Within hours of any terror attack, a bunch of Muslim boys would be
arrested, and their names aired in the media as ‘Masterminds’. Their guilt was
assumed, it did not need to be proved.
Since 2001 a terrible maxim had seeped into
the Indian mainstream: All Muslims may not be terrorist, but all terrorists are
Muslims. It did not matter if you caught the wrong ones. Everyone only wanted
the illusion of security and “action taken”. Those who raised hard questions
were scorned as ‘anti-national’.
In my interview with Karan Thapar on ‘Devil’s
Advocate’ I said that within hours of a terrorist attack in India many media
channels start showing that an email or SMS has been received from ‘Indian
Mujahideen’ or ‘Jaish-e-Muhammad’ or ‘Harkat-ul-Jihad’, or some other
organization having a Muslim name, claiming responsibility. Now an email or SMS
can be sent by any mischievous person. But by showing this on TV screens, and
the next day in print, subtle message is sent that all Muslims are terrorists,
and thus the entire community is demonized.
All this is triggering new cycles of hate and
revenge. Despair turns citizens into perpetrators, from the hunted to the
hunter. Young men who have spent long years in jail cannot find jobs or houses
to rent even when acquitted, their families are ostracized, and sisters find
themselves unmarriageable because their brothers have been branded as
terrorists.
Unless this cycle of hate is now reversed we
are heading for terrible times, for injustice breeds hatred and violence
Criminal investigation is a science, but
unfortunately in our country the police usually is not trained in scientific investigation
nor does it have the equipment for the same. If we read the stories of Sherlock
Holmes, we see how Holmes investigates a crime by promptly going on the spot
and studying the finger prints, blood stains, soil, ashes, handwriting etc.
before coming to a scientific conclusion. In recent times it has been shown on
Discovery Channel etc. how the American police investigates a crime. The police
reach the spot and collects the traces of the material there including blood
stains, fingerprints, ashes, fibres, etc. The finger prints are fed into a
computer which is connected to a national computer network, which can often
lead to the discovery of the criminal. The blood stains etc. are taken to a
laboratory where they are tested for DNA etc. Even a few microscopic fibres can
lead to the discovery of the culprit by testing them in a laboratory and thus
finding out his identity.
All this is usually absent in our police set up
and yet the police has to show that it has solved the crime, otherwise the
investigating officer fears suspension for incompetence. Consequently he either implicates people on suspicion or
resorts to the time honoured method of torture or third degree methods to
obtain a confession.
All this is leading to injustice on a large
scale. We are not blaming the courts for this because they are handicapped due
to the enormous burden of litigation for which cases linger on for years and
years. Also, unfortunately nowadays the real eye witnesses are afraid to give
evidence out of fear of threats or harassment, and hence the police often
fabricates evidence.
The result of all this is that in our country
gross injustice is often done, particularly to minorities, and the time has now
come when this great wrong must be set right. Our country is a country of great
diversity and therefore no community must be made to feel that it is being selectively
victimised.
This being the situation it has been decided
by a group of people headed by Justice Markandey Katju, former Judge, Supreme
Court of India, and the eminent lawyer Mr. Majeed Memon, the film producer and
social activist Mr. Mahesh Bhatt, Mr. Asif Azmi and other like-minded people to
setup an organisation called ‘The Court of Last Resort’.
The concept of this idea has come from an organisation
founded way back in 1948 by the eminent American criminal lawyer Erle Stanley
Gardner, who later wrote the Perry Mason novels. In his book ‘The Court of Last
Resort’, Erle Stanley Gardner mentions about the organisation which he set up
consisting mainly of lawyers, who took
up cases of persons whom they thought were wrongly accused or unjustly convicted.
The organisation which we are starting in India will bear the same name ‘The
Court of Last Resort’ and have its headquarters in New Delhi, with Justice
Katju as its patron and will have state units in all states of India. Such
state units will be authorised to appoint district units.
‘The Court of Last Resort’ will have the
following objects:
(1)
To ask the concerned authorities in various states about details
of prisoners languishing in jails, particularly those who have been in jail for
long periods, including both under trials and convicts. The R.T.I. Act can be
used in this connection.
(2)
To examine the cases of persons, whether of our own accord, or on
the representation of someone, and find out whether there has been injustice in
their case, either by the delay in holding the trial, or by a wrong conviction,
and do the needful in this connection, including applying for bail.
(3)
To apply for pardon, respite, suspension or reduction of
sentence to the President or Governor as the case may
be.
(4)
To create awareness in the public about this gross injustice which
is being done to a large number of people.
(5)
To educate the police about this state of affairs and change its
mentality.
(6)
To approach the other concerned authorities with the aim of
rectifying this injustice to a large section of people.
(7)
To do such other acts as may be necessary for this purpose.
The organisation appeals to the like-minded people among the
public, particularly to lawyers, retired judges, academicians, students, social
activists, professionals, media persons , etc. to help and get associated with
this enterprise.
The formal inauguration of this body will be done through a press
conference in the near future.
It is made clear that this is being done for no personal benefit to any of us but
purely because of our sincere desire that justice should be done to everybody,
and no section of society is made to feel that it is being discriminated
against.
