The Trial Of An Accused Terrorist In India

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PRAVEEN DALAL

Patriotism is a very cherished and valuable attribute of any citizen of India. The problem lies in the definition of a “Patriot”. The tricky question is who is a patriot? Is a patriot a person who just celebrates Indian Independence Day and Republic Day once a year? Does it include a film maker who makes a patriotic movie on the 60th Anniversary of Indian Independence or any other similar occasion? On the contrary would it be fair to label a person as “Unpatriotic” who believes that an omnipresent sense of patriotism must prevail 24 x 7 and 365 days a year? The questions seem to be cynical but definitely not irrelevant. These questions may arise in future if we do not take up the trial of accused terrorists properly in India. In my personal opinion it is definitely not patriotic to obstruct the justice dispensation by opposing suitable legal aid to the accused terrorists. Either we must close down our courts and adopt the retributive concept of an eye for an eye or we must conduct our judicial proceedings properly.

Let us analyse the ill effects of a non-represented legal trial of any accused terrorist. Firstly, it would violate the Right to Fair Trial of any accused. Secondly it would also violate the Right to Speedy Trial of the accused. The right to fair trial includes a right to legal representation and the right to speedy trial encompasses a timely dealing and disposal of the case in question. If these two rights are violated, there must be very strong reasons to maintain the “Conviction” of any accused at higher levels. Even if we convict such accused that may be declared “Unconstitutional” at the High Court and Supreme Court of India level. This is so because they are “Courts of Law” and non-representation is a serious “Question of Law” that would definitely be raised at higher forums.

By protesting against the legal representation of an accused terrorist we are not showing our patriotism but simply displaying an emotional burst that would ultimately benefit the accused. Let the law takes its own course and come out with a well reasoned judgment. We must allow a legal representation to these accused and then leave everything for the Indian Judiciary to decide. We cannot blemish the otherwise rich heritage and reputation that our Judiciary has earned through serious hard work over many decades.

Whether I am patriotic or not is up to Indian citizens to decide but this is what should be done in the larger interest of India.