Can verdict of the courts be questioned?

In 1993 Mumbai serial blast, which took the lives of 257 people and wounded more than 700 people irrecoverably. One of the convicted persons Yakub Memon was pronounced to death by the bench 3 Judges. Yakub was hanged to death on 30th July, 2015 as he was declared as driving force for serial blast. It was ascertained in the investigation of his relation to alleged activity such as conspiracy and financing the serial bomb blasts in Mumbai.

In view of Yakub’s execution, it broke-out a lot of simulated comments from Indian politicians. The statements of few irresponsible politicians and pseudo activities declared it as partiality in judgement towards one community.

“Death sentence should also be given to Babu Bajrangi, Maya Kodnani, Lt. Col. Purohi and Swami Aseemanand”

– Asaduddin Owaisi, Hyderabad MP (DC 31/7/15)

How lawmakers of this country question the law delivers? By directing the Judges, Asaduddin Owaisi made it clear that he is unsatisfied and ridiculed the judgement. Now, one wonder whether the apex Court is still retaining its power to deliver the verdict on its own or working under the directions of some lawmakers of this country? Is it just because Yakub Memon was happened to be a Muslim, so it is polarized?

First time in the apex court history, it functioned in wee hours only to consider the rejection of Yakub’s mercy plea to the President. By this it is concrete that India and its judicial system do not show any discrimination whatsoever. Although it is crystal clear to call the bench of judges to finalize the death sentence as it has merit to do so, this consideration of calling bench of judges in the pre-dawn time re-establishes the government and judicial systems’ commitment as ‘100 culprits can escape but not even one innocent should be punished’.

In a sad turn, our irresponsible politicians did not feel it in a right perspective, instead, they came out with strong objection to our judicial system which is highly regrettable and condemnable. With no nation-first feeling in mind, AICC general secretary Digvijay Singh, shamelessly commented the verdict of the apex court. In his statement, he claimed that, “I have my doubts the way the cases of other terror accused are being conducted. Credibility of the Govt. and judiciary system is at stake”. Adding fuel to further, he also said that, “Exemplary urgency and commitment has been shown by Govt. and Judiciary in punishing an accused of terror. I hope similar commitment of Govt. and judiciary would be shown in all cases of terror irrespective of their caste, creed and religion”. Enough to demoralize the common public’s opinion on judicial system and more than enough to insult the judges involved in this case and apex court. How community comes-in when terrorism strikes in any country?

Being educated and matured politician and been a CM for several years, did he not understand this? No… it is not that he did not understand, but dared to polarize this and find a way to gain the vote bank from Muslim community. India is the only multi-religion country in the World, where all sects of the society can reach the higher positions of the Government. Mr. Digvijay Singh’s was playing cheap politic cards and by this he insulted the Indian judicial system and Judges.

In the apparent example, the entire Nation bowed its head down to the mortal body of noble man of the century, Dr. APJ Abdul Kalam and paid its respect for the endless commitment and patriotism without any communal discrimination. At the same time, it is proven by hanging Yakub to death that when Nation matters, no religion, no caste, no gender discrimination will be considered.

In a another political drama by the same Congress party man, Mr. Tharoor was ‘saddened’ by the news of handing terrorist Yakub, because he was a human being. What about those who died in the 1993 serial bomb blasts? Were they animals? He further garnished his statement by saying, “By killing him, it diminishes us to murderers too”. What a shame Mr. Tharoor! Do any one presume executing an execution by court order is murder? Are the Judges are murderers in this context? Is it unjust to execute an execution of convicted? Was Yakub a just accused and not convicted? Is our judicial system so gone-down to that of any other Muslim country where communal partiality only shown? What is your stance exactly Mr. Tharoor?

In a court trial in 2006 Sept. 12th, Yakub made a statement that, “We (Muslims) have already been branded as terrorists and shall face the consequences” (Who will face consequences, India?). In another incident, he also told the TADA Judge, JN Patel that, “Tiger (Is he mentioning, Dawood?) was right in telling me that I should not go to India with family as we would be hounded”. If his statement was right, all the Muslims in India are targeted like this? Are the Muslims not treated equally as Abdul Kalam? No Muslim was made the highest position of Indian Govt. as President? Was not a Muslim made the highest position of apex court as CJI? Was any difference in Kasab and Yakub other than the Nationality?

In an argument, the lawyers of Yakub said he can’t be hanged for at least 14 days after his mercy plea was rejected. It seems it is okay for them if hanged after 14 days. The last hope was a mercy plea to the President and that was rejected, then for what reason the hanging should be delayed? The Supreme Court rejected all the arguments and said, ‘ample opportunity had been given to Yakub to prove his innocence and given an opportunity for mercy plea which was also rejected’. In this consequences, the apex court felt that, ‘if we have to stay the death warrant it would be a travesty of justice and did not find any merit in the writ petition’, it claimed. Despite the clear statement by the apex court, the Yakub’s lawyers said, ‘it was a tragic mistake and a wrong decision’.

Should the apex court watch all these and keep calm? How come a judgement of apex court is commented in public and that too by practicing lawyers. If the Judges remain calm when the credibility of the judgement is challenged, the rest of the common public will be forced to think the status of the law in the country.

Any silence of the Apex Body of the Courts, would send the wrong signal to rest of the World that Indian judicial system is partial. All though India and its judicial system strive for ‘justice to all’ irrespective of caste, creed and religion, if such remarks by politicians and others left unattended, would never bring the credibility in justice in India in global perspective. Judges of Indian courts must awake and answer these questions, lest India, perhaps, would be proved to be another communal country.

What is the response by Judges for these questioning people?

– Balaji Canchi Sistla

Friday, July 31, 2015 @ 10:02:17 AM


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