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Spurious Justice

By Abdul Majid Zargar. Dated: 10/5/2012 1:23:09 AM

Struggle for Justice cannot think of a greater insult to democracy and fair-play than the recent attempts of the State Government to appoint Former Director General of Police, Mr. Kuldeep Khuda, accused in Bhaderwah fake encounter case, to the post of Chief Vigilance Commissioner. Its attempt was initially aided by a hasty decision of the Honourable High Court of Jammu and Kashmir and now by the decision of State Human rights Commission(SHRC).
What is missed by most people in the recent SHRC decision is that the commission refused to appreciate the facts of the case and dismissed the petition of the victims on the basis of a document prepared by Khuda himself. The commission failed to address a simple question- was it ever possible for two junior most officers of the police Department namely Bachan Singh Choudhary and Shikha Goel to hold one of their senior most officers, Mr. Khuda responsible for a heinous crime unless there were compelling grounds & enough evidence to do so? Would a Junior Police officer take the risk or have the courage of falsely implicating his senior officer in absence of any mala-fide intention? Had the learned members of the commission put this question to themselves, they would have arrived at the inescapable conclusion that Mr. Khuda is indeed involved in the dastardly crime. The commission also erred in holding that further proceeding against the accused officer have become infractuous in view of the finality of Judgment delivered by J&K High Court in the matter. Under the relevant Act, the Commission has ample powers to even look at those cases afresh where judgments have been delivered by the trial or High Court. In its advisory capacity it can even advise State Government to appeal before the Apex Court or itself appear in Courts on behalf of victims of tyranny. None of these powers were exercised by the commission to the detriment of victims’ cause. In the process it has also damaged the very cause which has brought the commission into existence.
In a startling revelation, the Coalition of Civil Society has accused various elements of State apparatus as also some in the pro-freedom camp to obfuscate the process of Justice. The chief prosecuting officer is alleged to have lied before the Commission. There are also reports that a top separatist leader even influenced a relative judge to obtain a favourable order for Mr. Khuda.
In the words of Martin Luther King Jr. “Injustice anywhere is a threat to justice everywhere”. The spirit of the hapless victims who have been struggling for justice in Kashmir may occasionally fade but it will not be suppressed by any amount of trickery, hocus-pocus or false Goebbels an propaganda. The struggle for justice is never easy anywhere in the world. It calls for everlasting patience and unfailing perseverance at all times. The spirit of the crusaders for truth and justice in Kashmir is epitomized in this poem by Bhuchung Sonam, an alumnus of M.S. University, Baroda:
I have principle and no power - You have power and no principle
You being you And I being I
Compromise is out of the question
So let the battle begin...
I have truth and no force You have force and no truth
You being you And I being I
Compromise is out of the question
So let the battle begin...
You may club my skull- You may crush my bones
I will fight
You may bury me alive-With truth running through me
I will fight
With every ounce of my strength -With my last dying breath
I will fight...
And I will fight till the
Castle that you built with your lies-Comes tumbling down
Till the devil you worshipped with your lies Kneels down before my angel of truth.
But to obtain Justice, Government is not always the answer or the last resort. A small government that cannot even take menial steps to stimulate confidence and aid those who are unable to help themselves can hardly be expected to deliver substantive justice. And for those who become willing partners in government’s nefarious designs – I have this one-liner for them
Kaaba Kis Mounh sey Jawogay Ghalib- Sharm tum ko Magar Nahein Aatee.
(The author is a practicing chartered Accountant. Feed back at amzargar1@indiatimes.com)