A stitch in time saves Nine
29th June 2010 must be considered an important day in the history of
Indian judicial system. Not that some new law was promulgated on that
day nor was any new judicial body set up. There was not even a major
judicial structural change as well. Yet, what happened that day is
something that would go a long way in restoring our faith in Indian
socio-political structure. At the same time, it would help redeem the
respect of Indian populace for our judicial system.
It is on this date that in Kandhamal district Orissa in, an important
judgment was delivered that went on to sentence the powerful local
politician and MLA from an important political party in matters related
with communal riots. What is even more heartening is that the judgment
was delivered by a fast-track court within a span of 2 years of the
happening of the incidence. Manoj Pradhan, the influential leader of
Kandhamal and a present-time MLA was supposed to be close to Swami
Laxmanananda.
It was August 2008 that the murder of an important Hindu religious
leader Swami Laxmanananda Saraswati and four of his aides had trigged a
massive and highly damaging riot which went on for days (which has been
alleged by many as being a result of the deliberate laxity on the
government’s part). The end result was what always happens in every
riotous situations- the poor and the have-nots bore the brunt of the
attack. While thousands of Christians were forced to leave their houses,
the heat was equally felt by the poor Hindu tribal communities. It is
alleged that Manoj Pradhan played a major role in instigating the riots
and led it from the front, taking part in arson, murder and other
heinous offences during the riots. Pradhan later got arrested and
subsequently got his bail.
Meanwhile the matter came for trial before the Fast Court Track in
Kandhamal district. Nearly two dozen cases were registered in different
police stations in that period. In fact 17 cases were registered against
Manoj Pradhan himself. So far decision in 12 cases related to him have
come and he has been absolved in 11 of them. In the latest judgment he
has been found guilty along with Pafulla Mallik and 14 others on charges
of rioting, causing grievous hurt by dangerous weapons and arson. They
have been given 7 years of rigorous imprisonment each. Thus five cases
are still pending before him.
The judgment has been received by different people in different ways.
There is a group that says that the punishment has been too less and
lenient considering the heinous nature of the crime. They would have
been satisfied if the maximum prescribed punishment were imposed on the
accused. The other group has an exactly opposite view and openly claim
that Manoj Pradhan was falsely implicated in the matter and he is
completely innocent. They say that an appeal will be made in the Orissa
High Court which shall help bring forth the truth. There are also the
sufferers and the poor people who are too frightened to articulate any
opinion in any way and for whom the only thing that matters is that such
things don’t repeat again.
For a person like me and you, it would neither be prudent nor legal to
comment on the judgment per se and give our own opinion, it still being
in the judicial process. But one thing that really gives me immense
satisfaction is the fact that justice (whether as acquittals or as
convictions) is being delivered in these cases in a relatively fast
manner, that too considering the fact that this is a highly contentious,
political and religiously charged and emotive issue. “Justice delayed
is justice denied” they say but due to so many reasons this is exactly
what is happening in our country in many cases. Look at the SPS Rathode
case in Haryana. In incidence took place in 1990 and the judgment was
delivered in 2010. What meanings do such judgments have for all the
concerned parties? Many a times the accused and the victim are dead and
gone, at other times they are too old, helpless or weak as to suffer or
rejoice the verdict. In short, it becomes a mere mockery and some kind
of ritual. I recently read of a judgment related with Shibu Soren, the
ex-Chief Minister of Jharkhand who was found not guilty in a murder case
that related to late 1970s. So after more than 30 years it is found
that Shibu Soren had not caused that murder. What relevance does such
judgements have- in the eyes of the public, for the accused, for the
victims, for the prosecution and even for the Judge who is delivering
it?
What even pains more is that even Judiciary seems to have got affected
by the Media bug or the Media pressure. An apt example would again be
the same Ruchika case, where after 19 years, 40 adjournments, and more
than 400 hearings, the court finally pronounced Rathore guilty under
Section 354 IPC (molestation) and sentenced him to six months
imprisonment and a fine of Rs 1,000. But the moment there was a huge
uproar across the Nation, another Court could deliver the judgment in
less than 6 months sentencing him to one and a half years of rigorous
imprisonment.
But to me, the Kandhamal case carries much more importance than Ruchika
and Jessica Lal and all such cases because these are the crimes that are
related with individuals while a riot is one which the general public
has to face and suffer. Thus a judgment in one of the crimes related
with riots has a much higher relevance and impetus to the masses and has
much more message to convey. In such circumstances, if the crimes
related with riots (religious, political, caste-based etc) are not
decided in a swift manner, it gives a very bad message to the society
and acts as a huge bolster to the other rioters. If there is not enough
evidence against a person, leave him/her for good. Otherwise convict the
person to the equitable punishment that seems to be deserving. But to
choose a middle path (which Lord Buddha would never have advocated) of
lingering the matter for years in nothing but akin to becoming a party
to the crime itself. If a Sikh riot of 1984, the Ayodhya events of 1992
or the Gujarat riots of 1992 are still pending in Courts, with no near
chances of their getting decided (either way) then don’t they act as
potential precursors of future riots, giving such criminal mindsets an
example to emulate and follow?
I sincerely believe that judgments in all such riot related matters must
be delivered in a timely manner and swift (and correct) decisions must
be arrived at in the minimum possible time, even at the cost of some
criticism here and there (which any judicial pronouncement is bound to
face anyway, because of vested interests and varying perspectives).
Amitabh Thakur
IPS,
President,
IRDS,
Lucknow
# 94155-34526
