Wednesday, May 1, 2013

Editorial: 'A FORUM OF LAST RESORT' in LAW ANIMATED WORLD, 15 April 2013, Vol. 9, Part 1, No. 7 issue


  is certainly required in our Indian conditions, of course not as a Court to direct or command, but as an entity to pressurize and lobby for, the needed justice tempered with social consciousness and mercy, in some extreme cases of maladministration of justice or executive excesses. The highly intellectual but eccentric Justice Katju has mooted the launching of a Court of Last Resort saying “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;” and curiously projected himself as the champion of ‘minorities’ whom he singled out as the usual victims. And generally he appeals for mercy to such persons from minorities/some high profile figures but overlooks the woes and weal of innumerable persons from working class, peasant and tribal communities who are languishing in jails just for demanding their rights and facilities on the allegations of aiding and abetting extremism and terrorism. He remembers and fights for pardon to Sanjay Dutt, who in our opinion could be let out on probation but with strict directions for community service in public toilets, or sweeping roads, etc. in vindication of his own propagated filmi principle of gandhigiri, but forgets to even consider the woes and weal of a Soni Sori who was so cruelly tortured and is now again imprisoned for espousing the causes of tribal women in Chattisgarh; and also conveniently does not refer to Afzal Guru who was so unjustly dealt with and whose hanging has given rise to renewed terror in the Kashmir valley and elsewhere. Such a Forum, we do not prefer the appellation ‘Court’, should take up sensitive issues like stopping the hanging of politically motivated convicts/terrorists like Bhullar which, if carried out, could give rise to explosive situations harmful to the unity and security of the country and again give fillip to wild terrorist activities in the name of Khalistan, Eelam, etc. Also it should do all in its power to secure justice to the oppressed people like the Chattisgarh tribals or Suzuki workers so unjustly left to rot in jails without bail even. §§§