By MM Special Correspondent,
New Delhi , Dec 10:The police officials involved in falsely implicating innocents in terror cases must be held accountable. A departmental inquiry must be conducted against them. Further, these police officials should be made criminally liable for the malicious acts done by them in their official capacity’ said a Jury led by Justice AP Shah, former Chairman of Law Commission of India said at a press conference in Delhi on Saturday .
Justice Shah was speaking at the release of the Jury report based on the People’s Tribunal on Acquitted Innocents
The media ought to be cognizant of its power to devastate lives through sensationalism and partisan reporting. The media must refrain from pronouncing the accused as guilty till a formal pronouncement is made by the court. Further, the media must publish an apology, if it had written defamatory material against the acquitted innocent at the time of his arrest’ he added.
Justice Shah also released a report regarding the Legislative framework for Compensation and Rehabilitation for Innocents acquitted in terror cases.
On 2nd October 2016, Innocence Network India had organized the first People’s Tribunal on Acquitted Innocents in terrorism cases. 15 innocents from across the country had deposed in front of an eminent jury headed by Justice A.P Shah (Ex CJI Delhi High Court, Chairman of the 20th Law Commision of India). Other members of the jury included noted filmmaker Saeed Akhtar Mirza, G.S. Bajpai (NLU Delhi Registrar), noted journalist Neena Vyas, Delhi School academic Nandini Sundar, TISS Deputy Director Abdul Shaban, journalist Vinod Sharma and Advocate Monica Sakrani.
At the event, Justice Shah read out the recommendations of the jury after the release off the report. He pointed out that the issue of forced confessions extracted under duress, delay in granting bail, wrongful detention, malicious prosecution, and presenting fabricated evidence has become endemic to terror prosecution. Hence, the violence on those who have been accused of terror crimes is much more than ordinary crime and hence legitimates corrective mechanisms by the state.
Manisha Sethi of the JTSA said that it was important that a network like the innocence network exists to take up the issues of those who have been wrongfully prosecuted. The network called for a people’s tribunal as it was necessary that such voices get heard. This is happening for the first time in the country an all stakeholders including the government and the judiciary needs to be strong attention to the voice of those who have been violated.
The Jury report points out that the depositions explicitly make clear all that is wrong with the criminal justice system when it comes to dealing with cases of terrorism. The Jury, while recognizing the need for the State to provide compensation to the victims for their wrongful conviction, identified different stakeholders involved in the entire process of arrest and acquittal. Following are the key suggestions of the Jury:-
1) Compensation: A rights based approach should be adopted by the State to grant compensation to the victims of wrongful actions of the State. The amount of compensation must be decided on a case to case basis taking into account both pecuniary and non pecuniary losses.
2) Accountability: The police officials involved in such cases must be held accountable. A departmental inquiry must be conducted against them. Further, these police officials should be made criminally liable for the malicious acts done by them in their official capacity.
3) Guidelines for Media: The media ought to be cognizant of its power to devastate lives through sensationalism and partisan reporting. The media must refrain from pronouncing the accused as guilty till a formal pronouncement is made by the court. Further, the media must publish an apology, if it had written defamatory material against the acquitted innocent at the time of his arrest.
4) Legislative Reforms: Article 14(6) of the ICCPR must be incorporated into legislative framework. The Prevention of Torture Bill should be passed by the Parliament. Provisions of the anti-terror laws, Indian Evidence Act and Criminal Procedure Code should be amended to hold erring officers accountable and to curb custodial violence.
5) Institutional And Societal Reforms: Human Rights bodies such as NHRC and SHRCs must establish a dedicated cell to look into the cases of acquitted persons. The public must also make an active attempt towards rehabilitation of such acquitted persons.
Failure of Human Rights bodies
The Jury showed great dismay at the failure of the Human Rights bodies such as the National Human Rights Commission and various State Human Rights Commissions to acknowledge the issue and intervene in such cases of wrongful arrests and prosecution.
The report is a first of its kind document in India that points out how providing adequate reparations is a duty of the state and falls explicitly within its justice framework. It, then, lays down the jurisprudence of compensation and issues clear guidelines for a comprehensive legislation for compensation and rehabilitation for those who have been wrongfully prosecuted/convicted. Other speakers at the event include Manisha Sethi (JTSA) and Wasif Haider, who was falsely accused in a terrorism case by the UP police and was one of the Innocents who had deposed before a panel.
I have an honest concern. There is no dearth of objective fair-minded reports. Basically, no difference in the bottom line for minorities in the Zakaria (Shastri as PM, the mid-1960s) and recently touted Sachar reports, fifty years later. Where lies the problem? Implementation, execution, and sincerity of purpose, goal, image. Another example, not to hold Modi responsible (as CM of Gujarat) for the 2002 riots is beyond any common sense (no legal degree required) or humanistic imagination. Still, India elects him as PM, and look @ the mess how the whole trick is tarnishing the Hindustani image. Kashmir is another one. Hate, injustice, cruelty won’t cut here. If we don’t intend to take sincere actions, it is better not to waste tax payers money on these window dressing. Hypocrisy has to end. Period.