'Whose
Law And Whose Order?'
By Mubasshir Ahmed
09 August, 2007
Countercurrents.org
Now that 'judicial justice' has
finally been delivered after 15 years of persistent pregnancy in the
infamous Bombay serial blasts, it must be termed as post-mature judicial
delivery! Judicial potency to convict accused on the basis of 'prima
facie evidence' is unquestionable, but its potency gets punctured when
it comes to analyse 'cause' and 'effect' theory (as explained in Justice
Sri Krishna Commission report) on a mass scale.
The cause was callous and
chaotic. The effect was conceited consciousness.
And its aftermath —
a chartered accountant's belief in India's judicial system being shaken.
Shaken after 13 years of incarceration.
Why did it took so long to
decide whether the surrendered Memons — Yakub, Abdul Razak, Hanifa,
Suleiman, Rubina, Essa and Yusuf — were guilty or not? The Memons
surrendered believing in the government 'deal' that the female members
will only be 'questioned but not arrested' and the male members would
be 'arrested and helped to get bail' since 'none of the Memon family
members was part of the underworld except for Tiger Memon'. Yakub and
his other family members had no 'clue that Tiger was planning the serial
blasts'.
The demolition of Babri Masjid
and the riots that followed was the 'cause'. Bombay serial bomb blasts
were its 'effect'. This is not to glorify the gory incident that left
257 people dead. This beginning of the serial bomb blast culture has
done more harm to the Indian Muslim than anybody else. He has become
a permanent suspect in the eyes of the security agencies. He is still
reeling under its aftermath. In Malegaon and Hyderabad, it has made
him a 'victim' as well as a 'suspect'. The Indian Muslim is perhaps
going through the identity-crisis phase!
Justice is not a word but
a complete sentence. The Indian Muslim has only heard the word 'justice'
and yet to see the completion of the sentence. Time and again, he has
been promised by the so-called 'secular' Congress party that the sentence
will be completed by implementation of the Sri Krishna Commission report.
But alas, the report and
the commission have become his fate. In each and every election, he
has been put on an oxygen mask of implementation by the 'secular' souls.
The oxygen mask has always been removed before he could breathe the
air of implementation.
Perhaps, he should realise
that oxygen masks are made for temporary use!
Deliberate State neglect
and the Muslim politician's indifference towards the implementation
of the Sri Krishna Commission report has made him to split the word
'justice'. Justice means just ice. Justice is like the ice that melts
before he could quench his thirst.
The 'outbursts' witnessed in the TADA court are a true reflection of
his anger against the establishment which believes that justice is a
one-way street. (Zakir Hussein Shaikh on his death sentence: "Musalmano
ko aisi hi phaasi ki sazaa milegi. Hamare ghar dukaan, loote gaye, phir
bhi humko phaasi mili. Yeh kaunsa insaaf hai?" This is wrong. Muslims
will always be hanged. Our houses and shops were looted but we are still
being given the maximum punishment. What kind of justice is this?)
The police practised state
genocide under the watchful eyes of the establishment and let other
politicians indulge in the naked dance of communalism that included
riots after riots. And there is nothing unique about it because it has
been going on since 1961. "For all my adult life," wrote M.J.
Akbar in 1990, "across two decades of reading, observing, trying
to understand, trying to write, it has been one long sequence of riot
after riot after riot: of the single dreams of young women charred by
the brutality of an irresponsible destiny: of mothers punished with
the death of their children: of fathers broken, battered because they
bowed their heads to Allah".
Mr. Vilasrao Deshmukh, recently
offered the oxygen mask of implementation once again: "I will take
action".
Against whom? Against himself?
That will be some cleansing of the political conscience!
Yakub Memon, an educated
Indian Muslim (a practising chartered accountant) did not blame Justice
Kode. "I forgive him," he said. That must be a good news for
the judiciary. An Indian Muslim might have forgiven the Justice; but
justice is still a far cry for Hajirabi Qureishi whose husband and eldest
son was dragged by Shiv Sainiks and are still missing since January
10, 1993.
Email: [email protected],
mubasshir.blogspot.com
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