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Journalism of Courage
At a time when election rhetoric in Gujarat echoed a volatile mix of terrorism and communalism, Chief Justice of India KG Balakrishnan today sought to draw a clear line between the two. And in a direct indictment of Narendra Modi’s BJP government, hit out against the “communalisation of anti-terror laws”.
While delivering the 20th Intelligence Bureau Centenary Endowment Lecture here today, Justice Balakrishnan, to stress his message, quoted from the National Human Rights Commission’s report on the Godhra riots of 2002: “There is no doubt…that there was a comprehensive failure of the state government to control the persistent violation of the rights to life, liberty, equality and dignity of the people of the state. It is essential to heal the wounds and to look to a future of peace and harmony…it remains of fundamental importance that the measures that require to be taken to bring the violators of human rights to book.”
“It is important to prevent communalisation or politicisation of anti-terror laws,” he said, adding that new anti-terror legislation being contemplated by several states “raise serious human rights concern”.
Justice Balakrishnan also expressed concern at various cases of human rights violations being “swept under the carpet” and sought a revamped criminal justice system.
“The fact that legislations such as TADA and POTA were allowed to lapse, or were repealed on grounds of misuse by security agencies stands testimony for the urgent need to envisage and enforce an effective criminal justice system that is capable of dealing with all these issues…The fact that several states have suggested that they will enact new laws similar to POTA raises serious human rights concern,” he said.
Maintaining that internal security has to go hand-in-glove with promotion and protection of human rights, he stressed the need to have a symmetry between the two to reduce the “teasing illusion”. He said “arbitrary high-handedness and human rights violations” by security agencies “greatly alienate” the people, who are then used by anti-national elements.
While supporting the case for strong measures to counter anti-national elements, the CJI said: Upholding of the rule of law and human rights in face of internal security crisis is a test of the inner strength and moral fabric of the nation and its people”. Recalling terror attacks since 2001 on Parliament, Akshardham temple, Indian Institute of Science, Bangalore, the serial blasts in Mumbai and Malegaon and the massacre of labourers in Assam, Justice Balakrishnan said “it demonstrates that entire length and breath of the nation is vulnerable.”
For EC, both Sonia, Modi violated poll code but he and Digvijay get extra slap on wrist
Maut ke saudagar by Sonia, Sohrabuddin by Modi and Hindu terrorism by Digvijay Singh — the Election Commission decided on Saturday:
• Sonia Gandhi: Speech amounted to attack on personal character of political/administrative functionaries running Gujarat govt. Model code of conduct has been violated. EC conveys displeasure and “expects that in future the salutary provisions of model code of conduct will be adhered to.”
• Narendra Modi: Speech had effect of aggravating existing differences to create mutual hatred…appeal to caste or communal feelings. Conduct code violated. EC conveys displeasure and advises “you to be more cautious in future so that salutary provisions of model code of conduct are adhered to.”
• Digvijay Singh: You were expected to avoid all references to certain communities indulging in terrorism…appeal to caste or communal feelings. EC advises you to “be more cautious in future so that the salutary provisions of model code of conduct are adhered to.”
