Justice delayed  and also denied

As the chastisement is essential to straighten the loose cannons, to set up a social order in the way it should be, judiciary has pivotal role to play.  But then ambiguity in this area directly or indirectly will have serious repercussion. When multiple explosions cleaved through teeming spots in the heart of the Capital on October 29, 2005, innocent lives were lost. Although every nook and corner of the valley is painted red by the spilled innocent blood but then every innocent life lost is as sad as it happens anywhere and needs to be  condemned. Perpetrator need to be booked and dealt with the law of land.  But then it is also of utmost importance that any injustice isn’t done to innocents who are framed to satisfy the collective scruples of the populace.  

Mohammad Hussain Fazili, Farooq Ahmed Khan, Syed Maqbool Shah, Mirza Iftikhar Hussain, Rafiq, and Mohammad Aamir the list is unending who because of the wrongful arrest and long incarceration were completed shattered and smashed. Framed, Damned and then acquitted of the serious charges which led to the loss of their youth.

Created to tackle violence and high-profile crime, the Special Cell was formed in 1986 but then it became a law unto itself, a marauding force, ‘encountering’ and detaining ‘suspects’ almost at will. As documents suggest that several ‘terror’ cases which fell apart in court because of lack of evidence, or fabrication, tampering and planting of evidence by the so called Special Cell. The innocents were lodged in the 6-by-4-foot cell, for an under trial and slapped them with the charges of serious crimes of conspiring against the nation. Their world plunged into darkness. These prisoners languished for the sight of stars and moon, even the possibility of a bird fluttering its wings became a dream for them.

It took 12 years for Indian justice system to understand that the MA student was in classroom at the time of the attack. The attendance register, the teachers statement, every single thing that clearly hinted his non involvement went unheeded. Prosecution has failed to prove its case against them beyond reasonable doubt, although falsehood is bound to perish but in itinerary he lost everything. Rafiq isn’t the only case as cited above but one in a long list. It represents a microcosm of the Indian state’s war on the Kashmiri people, a war waged to control their bodies, collective will and ambitions. The framed, dammed innocents had to take a hit left right centre and languish in the jails.

The investigating agencies need to understand their job precisely, stop fabricating cases, They need to understand that instead of saving their own skill by targeting the innocent ones, their job is to bring the culprits to the book. They need shift their focus on sincere investigation and avoid fabricating and planting stories. Maybe the interference from the judiciary to direct  and reprimand the investigating agencies will deliver the message. The Governmrnt of the day needs to cross-check the facts and figures of such cases and do their bit to make sure that no innocent are lodged in the jails.

 

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