http://www.thehindu.com/news/
New Delhi, September 27, 2012
The Hindu 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.
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.”
Keywords: Supreme Court, Gujarat police, terror tag, innocent minority people, TADA Act, 1994 Jagannath Puri Yatra
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Ghulam Muhammed, Mumbai
<ghulammuhammed3@gmail.com>
--------------
New Delhi, September 27, 2012
Don’t give terror tag to innocent minority people: Supreme Court
J. Venkatesan
The Hindu 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.
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.”
Keywords: Supreme Court, Gujarat police, terror tag, innocent minority people, TADA Act, 1994 Jagannath Puri Yatra
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Comments posted on The Hindu website article: [supposedly under editorial moderation]
Though the Supreme Court has come out with clear reiteration of the most basic and fundamental point of justice in the current TADA cases, one hopes the details of the judgement, does take into account the long years of incarceration very typical of such police procedures. Justice delayed is justice denied. Supreme Court should have gone further with 2 more steps- One: compensation to the victims for years lost languishing in jail. TWO: Identifying and punishing those in the police force that have deliberately and maliciously used/abused TADA rule to give vent to their communal prejudices. Only a comprehensive and holistic judgment will be and should be treated as full restoration of people's rights and their dignity and not any piece-meal sops even though rightly heralded as a great service to the nation and its standards of justice.Ghulam Muhammed, Mumbai
<ghulammuhammed3@gmail.com>
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The Hindu Readers' Comments:
This judgement is fine act of balancing - Importance of the rule of
the law. It just proves the point, that in the interest of the justice
investigating and prosecuting agencies can not float the rule of the
law. There are no exceptions. Not for TADA cases and not for any other
case in general. If the confession is tainted it must be discarded.
Howsoever difficult it may turn out it to be. It would do a tremendous
amount of harm if the officers did not follow the procedure and a
terrorist is let go on technical details.
from:
Krishna Dammanna
Posted on: Sep 27, 2012 at 02:28 IST
Long live India.... Only on the basis of justice and equality, love and brotherhood
from:
Saeed Bhura
Posted on: Sep 27, 2012 at 05:17 IST
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.
from:
R.Vijaykumar
Posted on: Sep 27, 2012 at 06:06 IST
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.
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.
from:
M.Ateeque
Posted on: Sep 27, 2012 at 07:35 IST
This is similar to what happened to Tamils in Sri Lanka
from:
Sharan Chennai
Posted on: Sep 27, 2012 at 08:42 IST
Sir, It is true that no innocent minority communal person can be
branded as a terrorist. Terrorists belongs to every community as they
have a fanatical extremism by upholding their religion. But at the same
time as of now most of terrorist activities happened all over the world
is pointing towards muslim community only. Even US President Obama said
muslims are mostly affected people of terrorism and remember he himself
is a musalman. In this particular case of Jagannath Puri Yatra in
Ahmedabad in 1994 - it was Congress govt. ruling at that time namely
Chhabildas Mehta 17 February 1994 14 March 1995 1 Indian National
Congress has used TADA against those minority people. Hence, it clearly
portrayed how pseudo secular mindset that INC is in possession. Finally
my request to the minority people is beware of pseudo secular nature of
congress rather than others
from:
N. Swaminathan
Posted on: Sep 27, 2012 at 09:03 IST
A loudabble directive. It needs no emphasis that no innocent person
in general, should be branded as terrorist without due process/
procedure established by the laws of the land.
from:
kartik
Posted on: Sep 27, 2012 at 10:10 IST
An innocent person being given a criminal tag, be it a terrorist or
petty thief, is against the fundamental principles of Indian judiciary.
The misuse of laws by law-enforcing agencies are not confined to any
minority group. If reports of Human Rights organisations are tobe
believed, hundreds of innocent people, irrespective of their religion or
class, are booked under false or fabricated cases, including sedition
charges, and lodged in prisons across the country. If registration of a
case or arrest of the accused is a prerogative of the investigation
officer, then he/she must be held responsible for the decision if the
suspect is found "not guilty" at a later stage. After all, loopholes in
law not only help in arresting but also in getting an acquittal. If
doctors can be held responsible for a wrong treatment, why not the
police for a wrong decision. The police should not be allowed to
implicate an innocent man and finally get away with it. A criminal case
is a permanent scar...
from:
Vijay Kumar S
Posted on: Sep 27, 2012 at 10:56 IST
It is great lessons given to authority that 'No innocent person
should be branded a terrorist and put behind bars simply because he
belongs to a minority community.
The authority should judge by themselves and not on the pressure from the crook politicians for their survival. It is damaging the society and integrity and growth of Great India.
Muslim do showing our sincerity for growth of Great India.
The authority should judge by themselves and not on the pressure from the crook politicians for their survival. It is damaging the society and integrity and growth of Great India.
Muslim do showing our sincerity for growth of Great India.
from:
HajaMohideen
Posted on: Sep 27, 2012 at 11:12 IST
Muslim leaders should also condemn acts of terrorism.Such a
condemnation inspires and convinces the average citizen of the innocense
of the majority of the minority community.
from:
nanduri somaya
Posted on: Sep 27, 2012 at 11:33 IST
Our judiciary system is the only hope and guardian of our country.
Let there be mass campaign to make this august body to be more
independent from all political influence.
from:
Khaleelullah
Posted on: Sep 27, 2012 at 12:31 IST
Against the backdrop of today's rock-bottom ground reality, the
Supreme Court's reminder on individual rights that cannot be violated
even in terror-related cases comes as a reminder more of the magnitude
of the state's complicity in the detention and torture of innocents than
of the magnanimous and just nature of our constitution and judiciary.
Today, every reminder of what our constitution really stands for is
actually a slap in the face of those who framed it in the first place:
such is the extent to which it is violated and mocked upon now by the
actions of its executives - and, of course, all in the name of national
security. Constitution, or no constitution, this country is fast
deteriorating into a Nation of Fear.
from:
Biju
Posted on: Sep 27, 2012 at 12:32 IST
What about the life of these young men who lost there life?? Who will
compensate?? And what about the officials who are behind this heinous
crime of framing innocence?? Who will punish them??
from:
Suhail KK
Posted on: Sep 27, 2012 at 12:40 IST
Highly appreciable decision of Supereme Court... which actually
strengthens ones believe in the Judiciary System of India....India is
Great...We live here UNITED with such a DIVERSITY which I dont know if
there is any other country exists.... Everywhere the influence of the
power exits and so as the control, but long live India which has always
given the National Heros who stand against such corrupt political power
and contribute in their territory and give India a recognition of a
Perfect state. JAI HIND
from:
Syed Munawar
Posted on: Sep 27, 2012 at 12:43 IST
Kudos to the supreme court decision.I request the government to make
judgement as early as possible with these sensitive doubtful cases.They
lost their life of 18 years span.i do completely with M.Ateeque
views.The government should provide Compensation/jobs for those 11
innocent people.
from:
Balakrishna D
Posted on: Sep 27, 2012 at 13:41 IST
Do not understand such judgements given by the courts and too after
18 long years!! The judges did not say anything about why they found
them innocent instead dismissed the case based on technicalites.
If a case is dismissed based on technicalities, does the accused automatically become innocent. Think the courts should decide the case based on its nature and evidences provided rather than go on technicalities.
Instead the court should punish the law enforcers for break the rule of law and punish them as well. The same happened in CBI case against Mayawati.
If a case is dismissed based on technicalities, does the accused automatically become innocent. Think the courts should decide the case based on its nature and evidences provided rather than go on technicalities.
Instead the court should punish the law enforcers for break the rule of law and punish them as well. The same happened in CBI case against Mayawati.
from:
Vijay
Posted on: Sep 27, 2012 at 14:37 IST
SC's decision is fine and will go a long way to protect the minority
groups. But in states like Odisha, Jharkhand, Chattisgarh, M.P. which
have been declared as 'red corridor' the central & state govts are
waging a war against the poorest of the poor Adivasi people where mere
suspicion by local police has landed thousands in jail. Jharkhand alone
has about 6000 innocent Adivasi under-trial prisoners. They are mostly
young, all of them poor and even don't know why they have been arrested.
It will be up to human rights groups to come to their rescue using this verdict of the SC.
Stan Swamy
Ranchi, Jharkhand
It will be up to human rights groups to come to their rescue using this verdict of the SC.
Stan Swamy
Ranchi, Jharkhand
from:
Stan Swamy
Posted on: Sep 27, 2012 at 16:00 IST
great verdict ??? what about the lost years , the grief of their
families,the pain, the tears no one has the answer for that, the justice
is done when the people who arrested them, and the judge who punished
them all should serve 18 years in jail that is called justice
families,the pain, the tears no one has the answer for that, the justice
is done when the people who arrested them, and the judge who punished
them all should serve 18 years in jail that is called justice
from:
suhail
Posted on: Sep 27, 2012 at 17:41 IST
Neither terror tag nor a criminal tag should be given to innocent
people, be they majority or minority. It is important for the government
to define various type of serious crimes and police measures to deal
with them so that law enforcement officials are not forced to choose
Either or. Or.
from:
Som Karamchetty
Posted on: Sep 27, 2012 at 21:31 IST
By the same logic: Don't give communal tag to every majority
utterance/action.
utterance/action.
from:
kvjayan
Posted on: Sep 28, 2012 at 11:54 IST
Ghulam Muhammed
