Double Standard of Justice

Asis Ranjan Sengupta

Two court judgements in early March this year, expose the deliberately discriminatory approach of the state, to dilute the process of justice.

The first judgement, from the session court in Gadchiroli, Maharasthra, on Mach 7 last, sentenced a wheel chair bound, Delhi University Professor, who is 90% disabled, and four others to life imprisonment term, under various sections of UAPA, and IPC, for allegedly aiding or helping the Naxalite activity. The second judgement was pronounced on next day in NIA special court in Jaipur, that acquitted one self-styled, former RSS activist, Swami Aseemanand, alias Jatin Chatterjee, and six others accused, from the charge of active involvement in triple blast cases of Samjhuta express blast case (which left 68 dead, and a number of injured), Hyderabad Mecca Masjid blast case  (which killed 16, and injured hundreds) and Ajmer Dargah blast case (that left 3 dead and 17 injured). They were convicted earlier by Ajmer court.

In G N Saibaba case, the prosecution cited no crime at all, and the charge was framed on notions constructed by draconian UAPA. While in the later case a criminal association with forces of terrorism, the key accused were let off scot free. Since the Twin Tower attack in 9/11, the Muslims were demonised by US, and the biggest beneficiary of such anti-Muslim crusade is the Zionist Hindutwabadi forces in India. All efforts are now to protect Hindutwabadi criminals, and to prosecute all voices of dissent under this or that version of sedition law.

The tapes of this Aseemanand's confessions, for the first time exposed the Hindutwa terrorist groups, operating in India, and P Chidanbaram, the Home Minister, first alerted the police forces about the danger of 'saffron terror'. The confession in question was recorded, not in custody, or under duress, but in presence of Metropolitan Magistrate, Tis Hazarl court, on 18th December 2010, as evidence under Indian Evidence Act. Further, in a taped interview to the 'Caravan' magazine, Aseemanand revealed that, the deadly blasts between 2006 and 2008, were sanctioned by Mohan Bhagbat, the RSS chief, who warned, "you should not link it with Sangh". Another audio tape seized from the laptop of Dayanand Pande, another accused, showed beyond doubt that Hindutwa groups had been plotting and carrying out a series of bomb blasts across the country including the Malegaon blast. Hemant Karkare, the then Maharasthra Chief of Anti-Terrorism Squad (ATS), who was later killed in 26/11 Mumbai attack, first time brought to light the role of Hindutwa terror gang in the blasts.

G N Saibaba, was made an example to threaten the ' urban network ' of the so called Maoists. The Raipur session court refused to grant bail to him, for having a soft corner for the Maoists. Saibaba, along with his co-accused, were awarded punishment for allegedly having connections with the banned CPI (Maoist), and its frontal organisation Revolutionary Democratic Front (RDF).

In Vinayak Sen case, Justices Markandeya Katju and the bench, categorically said that mere membership of a banned organisation did not make any person criminal, unless one resorted to or incited people to violence against the state. Moreover, Revolutionary Democratic Front (RDF ) is not a banned organisation either. In May 2015, the Kerala High Court freed one Shyam Balakrishnan, who was accused of being a "Maoist". The court observed, "being a Maoist is not a crime. The basic human right for people, is to have aspirations". In spite of all these glaring precedence of verdicts, the judges in case of Saibaba, and the co -accused, acted not with eyes blindfolded only, but with visions jaundiced. This proves the unholy nexus between the politicians and those occupying the seats of judiciary. The judgement, as observed by prudent legal experts is 'fraught with apparent neglect of law and wilfull ignorance of facts. It is obviously coloured with the pulls and pressures of police as well as politicians, as most lower court judgements are'.

In the neo-liberal era, states show tendency to be Fascist, to ensure free 'marketocracy', this is a global trend, and in India, it is being executed by the masculine Modi bravado, who is the champion of the agenda of Hindu Rasthra, as propounded by its founder philosopher, Savarkar in the "Hindui-sation of politics and Militari-sation of Hindus" concept. To achieve this goal, they would go to any extent to crush all resistance, and it is out brazenly to destroy the residual dissent.

But unfortunately, the lessons of History is different, the harsher the state repression, the faster would be pace of radicalisation of non-state resistance forces.

Frontier
Vol. 50, No.4, Jul 30 - Aug 5, 2017