Thursday, 27 September 2012

Supreme Court says Don't terror tag to innocent minority people such "my name is Khan, but I am not a terrorist"

The Supreme court of India finally echos the voice of the Bollywood movie made by Karan Johor . Ensure that no innocent has the feeling of sufferance only because ‘my name is Khan, but I am not a terrorist,’ Bench tells Police

No innocent person should be branded a terrorist and put behind bars simply because he belongs to a minority community, the Supreme Court has told the Gujarat Police. Police must ensure that no innocent person has the feeling of sufferance only because “my name is Khan, but I am not a terrorist,” a Bench of Justices H.L. Dattu and C.K. Prasad said on Wednesday.
It ordered the acquittal of 11 persons, arrested under the Terrorist and Disruptive Activities (Prevention) Act and other laws, and convicted for allegedly planning to create communal violence during the Jagannath Puri Yatra in Ahmedabad in 1994.

“We emphasise and deem it necessary to repeat that the gravity of the evil to the community from terrorism can never furnish an adequate reason for invading personal liberty, except in accordance with the procedure established by the Constitution and the law,” the Bench said.
Being an anti-terrorist law, the TADA’s provisions could not be liberally construed, the Bench said. “The District Superintendent of Police and the Inspector-General and all others entrusted with operating the law must not do anything which allows its misuse and abuse and [must] ensure that no innocent person has the feeling of sufferance only because ‘My name is Khan, but I am not a terrorist’.”
Writing the judgment, Justice Prasad said: “We appreciate the anxiety of the police officers entrusted with preventing terrorism and the difficulty faced by them. Terrorism is a crime far serious in nature, graver in impact and highly dangerous in consequence. It can put the nation in shock, create fear and panic and disrupt communal peace and harmony. This task becomes more difficult when it is done by organised groups with outside support.”

‘Means more important’ :-

But in the country of the Mahatma, the “means are more important than the end. Invoking the TADA without following the safeguards, resulting in acquittal, gives an opportunity to many and also to the enemies of the country to propagate that it has been misused and abused.”In this case, Ashraf Khan and 10 others, who were convicted under the TADA, the Arms Act and the IPC were aggrieved that no prior approval of the SP, as mandated under the provisions, was obtained before their arrest and recording of statements.

Appeal allowed :-

Allowing their appeals against a Gujarat TADA court order, the Bench said: “From a plain reading of the provision, it is evident that no information about the commission of an offence shall be recorded by the police without the prior approval of the District Superintendent of Police. An Act which is harsh, containing stringent provisions and prescribing a procedure substantially departing from the prevalent ordinary procedural law, cannot be construed liberally. For ensuring rule of law its strict adherence has to be ensured.”
The Bench said: “In view of our finding that their conviction is vitiated on account of non-compliance with the mandatory requirement of prior approval under Section 20-A(1) of the TADA, the confessions recorded cannot be looked into to establish the guilt under the aforesaid Acts. Hence, the conviction of the accused under Sections 7 and 25(1A) of the Arms Act and 4, 5 and 6 of the Explosive Substances Act cannot also be allowed to stand.”

Conclusion & views:-

The Supreme Court has echoed the secular credentials of our country. Mere suspicion should not be the ruse of the police to detain a person for alleged complicity in an act of terror. Also the defencers of law and order should have a time frame within which the alleged charges against the suspects are substantiated with clear evidence and eye witness. Endless detention does not serve the ends of justice. Irrespective of the community one belongs to law should be applied uniformly. At the same time it is essential that the majority of the minority community members join the main stream of life and do not isolate themselves in ghetto like habitats inviting suspicion. Literacy and availability of opportunities too would play a big part in the emancipation of the minorities and the majority community has to take the lead in making the conditions conducive for them to feel at ease. BUt what about the rehabilitation of those who lost the most precious years of their life rotting in jails & then got acquitted becoz the charges framed by the Police against them couldn't stand strong in Supreme Court?In this case these 11 men lost 18 years of their life in the prison(total=198 yrs).(Last year also there was another young man in Delhi who was acquitted after being imprisoned for more than a 13 years on purely fabricated and unsustainable charges).The question is-what would they do after returning to their families? Now the problem is these men aftr spending so many years in Jail aren't left with any skill to make a living, the result is a group of 11 men isolated from society for the rest of their life--disgruntled with their own country- can become potential easy targets of terror (hiring)cells.If there was any goverment funded institution that could impart any skill to these men, they(acquitted individuals)would be in condition good enough to move-on with life.

Guest Post contributed by J. VENKATESAN

The Hindu paper’s Supreme Court correspondent J. Venkatesan who is also a lawyer too and published thousands of articles on law and human rights.

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