Monday, 21 May 2012

Kashmir and Gujarat



21 May in recent history



Recently Pathribal was in news when the Supreme Court  asked the Army authorities to decide whether its personnel accused of fake encounter killings in Jammu and Kashmir and Assam should be tried by court-martial proceedings or by regular criminal courts. A bench of Justice B S.Chauhan and Justice Swatanter Kumar said that if the Army authorities were not keen on court-martial proceedings, then the CBI can seek sanction from the Centre for prosecution of the Army officers. http://news.outlookindia.com/items.aspx?artid=761234. Some human right groups had seen it as a set back. Yet it is not so.

By asking the Army to take a decision on whether it intends to court martial the accused, the Supreme Court has cut through the careful posturing of the Ministry of Defence on the matter. It bears noting that at no stage did the Ministry seek to discharge its own obligation to ensure justice under the Army Act in the face of the cold-blooded killing of five innocent civilians by senior officers. That obligation can no longer be shrugged aside. The CBI has been directed to seek sanction to prosecute from the government if the court martial option is not exercised within eight weeks, and a decision on that request has to be taken within three months. For the families of the victims, there is finally light at the end of the tunnel. For their sake, and the sake of Indian democracy, Prime Minister Manmohan Singh must do the right thing and ensure that the prosecution gets to have its day in court.http://www.thehindu.com/opinion/editorial/article3374520.ece

There is a lesson here to be imbibed by those interested in bringing justice to victims of Gujarat massacre 2002. AC report cuts through careful posturing of various actors. http://www.thehindu.com/news/national/article3393808.ece  There is no need to feel despondent. Raju Ramachandran is an advocate and has chosen his words well. As far as Haren Pandya angle is concerned, the audio tape of his deposition before the Citizens’ Tribunal  exists and in safe custody and will make appearance at appropriate time. AC could not have commented on this, because the SIT chose not to take cognizance of the tape. 

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