A
FORUM OF LAST RESORT
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. §§§
