Monday, 3 April 2017

OF JUSTICE AND JUDICIARY

“Falsehood is always bound to perish but in itinerary much is lost”

Junaid Shaida, Kashmir :
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 highly 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 fabricated 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, time, and feeling moreover labelled them as murderers of the naive people. 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 Police. The innocents were logged in the 6-by-4-foot cell, for an under trial Framed, Damned for the crimes of which his wildest dreams would be revered of, Slamming them by the serious crimes of conspiring against the nation with the credence of spilling innocent blood, the poor souls keep languishing. Their world plunged into darkness, books they used to read where home to moths, homes turned into houses, children of them lost their shine and the panes of windows presented the same deserted story. These prisoners languished for the sight of stars and moon, even the possibility of a bird fluttering its wings become a dream for them. For a student It took 12 years for Indian justice system to understand that the MA student was in classroom. The attendance register, the teachers statement, the hood of school friends every single thing that clearly hinted his non involvement was turned to black. 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 fabricated substantiation, forced witnesses and every framed scheme to plot these people all for saving the skin of the so called special team. The framed, dammed innocents had to take hit left right centre and languish in the jails. The acquitted were left to undergo woe not even on the mere suspension but on framed stories, bystander who never endorsed the framed innocents.  
“The occurrence with ‘justice’ by Kashmiris is captured brilliantly in an African proverb “corn can’t expect justice from a court composed of chickens”.
However justice was served to the innocents who were framed as they were finally acquitted of all the charges that had been labelled on them not before devastating every single re of theirs. Acquitted after languishing in the 6-by-4-foot cell for more than a decade, the whole lot has broken, they walk free but their souls remain crippled and under seize. The ruling hints all the loopholes that led to the making of the beings with devastated and traumatized souls, who are free yet occupied. Every single charge against them fell apart in the courtroom; the ambiguity in the investigation agency had to face serious questions of credibility and human rights violations. Mind fails to understand why as in case of the student, they brushed aside his plea that it could be proved he was in his class on the day of the blast. Rather The Agency relied on unsure witness, who ended up contradicting himself. It led to the gash, a splinter into the soul and dreams of the people who could have done wonders with their life. Although acquitted, set free of all charges, left to have a new lease of life but they still have a tough time ahead. Lost years of youth, financially broke family, health issues and time when the presence of these wrongfully incarcerated people was felt, it can’t be brought back. The growing of their children, the lost innocence, the unhealed past, the unfinished career, the youth and every feeling of being at home, Alas: Nothing can be compensated.
  They are free but yet have a long way to go to build up confidence and courage to stand up, bear the brunt of their past to shape up their future. A slight of noise would certainly make them nervous; their health issues will give them a bad time, financially broke family will make them to work much harder in the old age, their trodden house will make the trek harder to turn into homes. But then they have to rebuild the damaged and bespoke the torn and i wish it happens sooner. People cannot be in their shoes, although will be in solidarity with them.
The investigating agencies need to understand their job precisely, stop fabricating case on vulnerable ones. 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. It will set the talk straight, that loophole in the agencies needs to be dealt accordingly. The Govt of the day needs to cross-check the facts and figures of such cases and do their bit to make sure that no innocents and logged in the jails. It will lead to restoring the faith in the alienated ones. The local populace and Non-Govt organisations need to identify and provide legal and financial assistance to such people so that a relief is provided to them. The social order should be in solidarity with the people who were Framed, Damned and then acquitted, provide moral, social and other support to them.
I call upon Almighty for their peace and strength... Ameen


Junaid Shaida
Nepora Anantnag
MBA, M.phil (Banking & finance)