e takes a long
time in coming and in many cases delays are so prolonged
that one life time is not enough. The victims of anti-Sikh
riots in Delhi and many other instances like riots in
Mumbai, which followed the demolition of Babri Masjid, are
some examples of the same.
The latest to join the list of such
instances is burning of train at Godhra in Gujarat which
led to widespread riots in Gujarat. The trials related to
the incidents during riots which saw several people being
burnt alive in the Best Bakery case and residence of
former Congress MP. All these cases are making rounds of
lower courts, High Court and Supreme Court and one can say
with certainty that no verdict is likely to be announced
in a hurry.
The worst part of the Gujarat
controversy is that even the issue of alleged burning of
train which sparked off riots is surrounded by conflicting
versions and there is danger that this may be followed by
conflicting judicial verdicts also. The State has
appointed a judicial commission headed by Justice Nanawati
and also filed a chargesheet against the alleged
conspirators who they claim had burnt
the
train. This alone could have made a verdict difficult in
the light of the fact that the number of accused is rather
large and theories of conspiracy involving large number of
people are not easy to prove in Courts. In addition a
separate verdict announced by Justice Banerjee, who was
asked to inquire into the matter by Railway Ministry, has
enlarged the area of conflict further as Justice Banerjee
has held that the fire started from within the compartment
of the train and was not a result of any action by the mob
outside. This would virtually knock the bottom out of any
case that the special investigating team set up by Gujarat
Government may have put together as the case is being
heard at present. One wonders how the lower courts will
become bold enough to go against the verdict pronounced by
a former judge of the Supreme Court. As such irrespective
of the verdict that may be reached by the two justices
inquiring into the matter and courts hearing the criminal
case, matter will never be resolved to the satisfaction of
public.
The trend in India is that any case
involving politicians seldom gets resolved. One continues
to hear how the cases relating to Babri Masjid dispute in
Ayodhya during BJP rule remained in limbo. What is true of
BJP is also true of other political parties. For instance,
all the cases against Chief Minister of Tamil Nadu
Jayalalithaa disapp-eared in thin air after she was voted
into power. The latest case to be dropped is related to
Taj corridor case against former UP Chief Minister
Mayawati.
As for cases concerning Bihar, the list
is so long that it would require a separate article
running into several pages if all cases were to be listed
only. The subject of this article is not the corruption
cases against politicians which run at a pace to
ensure
that no verdict is reached during their life time. As such
one wonders if India has only one set of laws or several
where the outcome and procedures depend on the status of
the accused instead of the nature of crime committed by
him. The delay in our courts is no news and it covers all
kinds of cases. Justice in case of India may be the result
of a well considered material provided to the legal bodies
and the system as a whole has earned a reputation for its
independence and ability, but as for the issue relating to
delays no steps have been taken in the last 50 years and
delays are becoming longer and longer everyday. The
question which can be rightly asked is how can we boast of
being a working democracy when our judicial system is
unable to deliver justice in time or appear to be doing
its job of delivering timely justice.
During the last fifty years several
judicial commissions have looked into the problem, many
governments have held out promises on this score but
solutions remain as distant as ever. The multiplication of
authorities, endless time spent in written submissions and
continuous process of appeals and different avenues for
seeking review ensure that the process of a trial
continues not for days or months but years with the result
that politicians seldom land up in jail or pay for the
crimes even if their guilt is obvious. While the issue of
punishing politicians or criminals for crimes is a larger
issue, but there is need to evolve atleast a system where
verdicts on major happenings like Babri demolition, Mumbai
riots, anti-Sikh riots or Gujarat riots after the burning
of train in Godhra should be resolved in a reasonable
frame of time instead of becoming permanent sores to be
revived and spoken about to exploit the sentiments of poor
voters when election time is round the corner.