The worst day for Indian Judiciary

vandana7 By vandana7, 29th Jul 2015 | Follow this author | RSS Feed | Short URL
Posted in Wikinut>Business>Law

I am not sure that the Apex court should merely be following the lines in the book, which are often inconsistent with the time and situation. I think judges are supposed to take cognizance of the situation when they send a man to death.

Yes, I am talking about Yakub Memon

There are two types of terrorists. One who wants to create fear in the hearts of others because it gives him a sense of power. Put Dawood in that category, and Boko Haram, and Hitler, and ISIS there.

The other is a person who is transformed into a terrorist because he or she loses hope in judicial system. Somethings I learned about Yakub Memon today made me feel he belongs to the second category.

Who is Yakub Memon?

Indian terrorist. He is indirectly but knowingly responsible for many deaths in Mumbai in 2007. Four good reasons not to have given capital punishment to him are

a) He became an approver or government witness, and gave a lot of information about the operations. By sending him to gallows, we are sending a wrong message to future terrorists. They will never share any information with us.

b) He was not defiant and brazen like some hard core terrorists are. That proves he was not corrupt at heart, and something was eating him for him to have turned bad. We all have those moments of confusion;

c) He will become a martyr in the eyes of the next generation and increase the feeling among Muslims in the country that justice in this country is biased.

d) My usual reason - one death for death of hundreds is gross imbalance. Were the lives of those who died worth so little that only one person's death would satisfy us?

Now for a little bit of history of how Yakub Memon the Chartered Accountant became a terrorist

In 16th century, Babar demolished a Hindu temple dedicated to Ram, a deity Hindus believe in. No Hindu scripture mentioned such thing. But people were led to believe that if the temple was restored, Hinduism would regain its lost glory.

It is not as if Hindus were saints. Ashoka the great first killed many in Kalinga, when he was a Hindu, and then became a Buddhist. Following such conversion, he became a fanatic and went about destroying Hindu temples for constructing Buddhist Stupas in their place. This is about 260 BC old story. Subsequently a Hindu ruler, Pushyamitra Sunga went about destroying those stupas to reconstruct Hindu temples. Did Hindus regain their glory? Well, as far as history goes, we fought many wars between ourselves, and were first ruled by Muslims before being ruled by British. Back then, Babar and Babri Masjid was not in picture. Still Hindus did not have too much of glorious past to become exemplary civilization.

After 16th Century came 1992 destruction of Babri Masjid

Babri Masjid was destroyed by Babar, who constructed a masjid there for Muslims to pray. Generations of muslims prayed in that shrine. We buried the differences at the time of independence movement. These issues should have been sorted. Cut off date was independence day. But somebody was too steeped in Hinduism to let bygones be bygones. So he was able to file a suit in the court, which should not have been allowed in the first place. A movement to reclaim the Ram janmabhoomi was stirred up. It denied the existing muslims the right to pray in their shrine where their immediate ancestors had prayed.

Godhra 2002

Law makers and law enforcers did nothing to get hold of those who went about demolishing the Masjid and creating insecurity in the heart of fellow countrymen. That was the moment for action but law did nothing. Every time Hindus went to the shrine, it was like rubbing salt on the wounds of fellow countrymen. It manifested as burning of pilgrims in Godhra train. The number was not large, but the death was gory. It was wrong, and it led to arrests and conviction. Muslims were convicted.

But Hindus took law in their hands the same year!

Yes, and the world witnessed something similar to Nanking massacre. To date matter is still under investigation, and none were really convicted for death of many muslims there. Are you trying to tell me their heart will not be burning, and they will not huddle together in group distrusting others? After all, culprits of Godhra train incidents were caught and convicted.

Akshardham terrorist attack happened in the same year, but this time the priest was wiser. He knew where things went wrong, and decided forgiveness was the way. So calmness prevailed.

Mumbai 2007 should not have happened

Many innocents may have lost loved ones, and the killings were truly horrifying. With Akshardham, scores were even, right?

But insecurity and fear are bad bugs. They infect young and old. Yakub Memon was one of the infected.

The cure is more wholesome judicial system. Judges in Indian Supreme Court should have pointed three fingers backwards and asked for review of the system so that people are not left without system that consoles them for long.

Instead Indian Judiciary has awarded death sentence to Yakub Memon, perpetuating the feeling that justice in this country is religiously biased. This will only prompt other youngsters from the same religion to become fanatics.

Is that the direction to be taken?


Apex Court, Babri Masjid, Convictions, Godhra Train, Indian Judiciary, Mumbai Riots, Yakub Memon

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author avatar vandana7
Hi...I suddenly remember ABBA ..I am nothing special...hope you like what I write, and I like what you write.

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