Home / Articles / Wither India: Good Terrorism of December 1992 Vs Bad Terrorism of January 1993 At Bombay

Wither India: Good Terrorism of December 1992 Vs Bad Terrorism of January 1993 At Bombay

 

 

About admin

Check Also

Civil and Military judicial systems: Need for bridging the gap

Military judicial systems, the World over, are known for delivering swift, speedy and credible justice during extraordinary times. Especially so when the routine of the run judicial system is unable to deliver justice due to any of the accepted multiple genuine reasons. Post 9/11 setting threw up such extraordinary environment when circumstances had rendered the normal judicial channels ineffective, particularly when it came to punishing hard core terrorists. This situation prevailed for about fifteen years and none of the terrorist was awarded meaningful penalty for heinous crimes, it was often observed that those arrested on these accounts were promptly granted bail and were repeatedly caught committing same crimes again and again. Under these conditions National Action Plan was formulated to counter terrorism and military courts were setup for a limited time. These courts served the purpose and award of meaningful punishments to had core terrorists helped in quelling the waves of terrorism promptly.Military courts were established for two years and during this period civil judiciary was expected to fix its weaknesses and be able to re-takeover the task. However, it failed to do so, so the military courts were asked to carry out the task for another two years; this period is to end in January 2019. However, civilian courts are still no better than what they were in January 2015. It is yet another testimony of the lack of faith in the country’s criminal justice system and the sheer ineptness of political system to reform it. Reasons that led to setting up of military courts continue to persist. And it goes to the credit of swift action by military courts alongside military operations that terrorism is on its fag end. Certainly Army’s Judge Advocate General’s team will have to answer many question, as to why pointed out technical gaps and procedural voids were not plugged-in during the trial proceedings. While at the same time, PHC bench needs to account for basing such decision mainly on technicalities, while mainly ignoring the substance matter, and that too in case of heinous crimes. There are many rungs between capital punishments and outright acquittal and one does not have to go berserk to jump straight from capital punishment to acquittal option without preferring to choose from whole assortment of lower degree punishments. Under the circumstances remanding the case for retrial should have been a win-win situation for all sides. Hopefully, a worthwhile solution would be found out. Army needs to undertake capacity enhancement of its JAG branch to avoid recurrences. And PHC should avoid outright choking of one of the parliament approved and constitutionally established judicial sub-system.

Leave a Reply

Your email address will not be published. Required fields are marked *