Justice must be done and it must be seen being done. It is justice on whose basis the human civilization rests. Almighty Allah tells us in the Last Book: “Indeed We have sent our Messengers with clear signs, and sent down with them the Book and the Balance that people may uphold justice.” (57:25)
Unfortunately, in this age of atrocities and injustice, India’s justice delivery system is under great and unprecedented stress. There may be an unscrupulous government and a careless executive, but if there is a conscientious judiciary, there is hope of survival of democracy and protection of humanity. If judiciary fails to deliver, all hopes are dashed against a wall.
Of course the judiciary has certain limitations. It rarely takes suo moto cognizance. It has to depend on how the facts are presented before it for adjudication. Here comes the role of the government. An irresponsible government can present the cases in such a crooked way that the judiciary would fail in delivering justice. At present we are faced with this threat in a big way.
India was shaken to its roots with the infamous communal pogrom in Muzaffarnagar in 2013. More than 63 innocent people lost their lives. Countless persons, including women and children were injured and more than 50,000 uprooted and devastated people belonging to the poor class from small villages had to live in temporary camps for several months suffering in a bitter winter.
The then government of Samajwadi Party did not do its duty of providing sufficient relief for the hapless victims nor did it take interest in pursuing the cases in courts. The present Adityanath Yogi government, through its attitude, made it manifest that it was more interested in saving the culprits and criminals who had enacted this pogrom, which had its reverberations throughout the world and did irresponsible loss to the image of India in the world.
Now, the last nail has been struck into the coffin of justice, with the withdrawal of cases against prominent BJP leaders, including sitting MLAs and even a cabinet minister. It is strange how the judge of the Special Court has allowed the government to withdraw the cases related to heinous crimes of murders, burning alive to death and hacking because of provocative speeches and open support by irresponsible leaders. Up to now more than 70 cases of heinous nature have been withdrawn. This move is being viewed as obstructing justice and encouraging violence and heinous crimes against humanity. High Courts and the Supreme Court have clarified many times that no withdrawal in cases of heinous crimes should be permitted. Now it is the responsibility of Allahabad High Court and the Supreme Court to intervene and take suo moto cognizance of this travesty of justice. If higher judiciary keeps silent and does not intervene, it would be an open permission to the communal criminals to continue their war against the civilized society. It would be a move to perpetuate the Jungle Raj which we are seeing in UP and several other States.