State showed "bias" and an absence of "zeal" in persecuting those accused of killing more than 900 people during the Mumbai riots of 1992, says the judge who headed the probe.
At a time when the execution of Yakub Memon, convicted for his role in the 1993 blasts that followed the riots, has sparked a fierce debate around whether justice has been selective and continues to remain elusive for those who were murdered during the '92 riots, Justice BN Srikrishna told NDTV's Barkha Dutt that the state and "those who wielded power" had shown an evident bias in not probing the riot cases with the same energy as they had shown in convicting those responsible for the blasts in which 257 people were killed.
More than 22 years later only three people have been convicted for the riots in which more than 900 people were killed. By comparison, 100 people have been convicted for their role in the '93 blasts.
Here are excerpts from the interview with Justice Srikrishna:
Justice Srikrishna: There was no split verdict on his appeal. In any case, a three-judge bench went into the final petition and rejected it. I see nothing wrong in the death sentence being executed as that is the law of the land by which the convict was tried after giving him fullest opportunity of defence.
Justice Srikrishna: As they say, a desperate person clutches at a straw. So his lawyers tried till the last moment to avert the punishment imposed and that is understandable. The Supreme Court had decide it urgently so as to a take a decision quickly instead of granting stay in view of the last minute petition. That was fully justified in view of the avoidable passion that was whipped up by giving the verdict a communal and a political twist.
Justice Srikrishna: Under the law, the court can only act by the rules of evidence. The judge has considered everything that was admissible. He cannot consider what a person tells the media as evidence according to law. No such evidence was led before the court at any time.
Justice Srikrishna: I think the state should have shown the same zeal in prosecutions of the riot accused. It has been remiss as there was hardly any serious investigation even in cases where was enough prima facie evidence.
NDTV: Some senior lawyers have argued that terrorism cases like the blasts cannot be compared to riots because riots are not planned conspiracies. Do you agree that riots and blasts are different and merit different punishments? In this case many more people were killed in the riots, but even the convictions were for hate speech.
Justice Srikrishna: I do not buy the theory that the riots were not inspired or that they occurred spontaneously. My report says otherwise again on the basis of material placed before the commission.
NDTV: A number of riot victims were victims of police firing. Your report also mentions such instances. What does it to do to the belief in due process if law officers are the accused and never get punished?
Justice Srikrishna: It only shows that even a good system can be subverted if in wrong hands. That is neither a reflection on the justice system, nor can it be decried on the ground put forward.
NDTV: Your report called Bal Thackeray a "virtual General" during the riots. The riots happened on the watch of the Congress-NCP government. No party has made an effort to take action on the findings of your commission. As a judge who probed these riots has that been a matter of immense disappointment and anger to you?
Justice Srikrishna: Yes, I feel so and I have said so earlier.
NDTV: Can we say justice has been delivered for the 1993 blasts after the Yakub Memon execution or will justice be perceived as selective unless there is also justice for the riot victims of 1992.
Justice Srikrishna: Justice has been done to the accused as he was found guilty beyond a shadow of doubt and was imposed with the appropriate punishment according to law. Apart from that, no human being can guarantee better justice. Opinions may differ but there has to be a finality and society must accept it.
NDTV: Your report drew a causal relationship between the Babri Masjid demolition, the riots and the blasts. Are those wounds still open or has Mumbai moved on finally more than two decades later? Can there be peace without justice?
Justice Srikrishna: On the surface, calm seems to prevail. Time only can tell if the wounds have really healed or if they are still festering.
NDTV: Why do you believe this one case of Memon execution created so much debate? Do you think it's because the bigger culprit of the blasts - Tiger Memon, Dawood - remain outside the purview of Indian law and may never be brought to justice?
Justice Srikrishna: I am not aware of the specific reasons. Perhaps it was whipped by media speculations and debates, none of which was articulated based on reasoning.
NDTV: You have spoken of the dualism in the state's response to prosecuting Yakub and pursuing the riots cases. Is this bias intentional, structural, deliberate? Where does the bias lie?
Justice Srikrishna: Bias lies in the minds of those wielding state power and affects the state apparatus.
At a time when the execution of Yakub Memon, convicted for his role in the 1993 blasts that followed the riots, has sparked a fierce debate around whether justice has been selective and continues to remain elusive for those who were murdered during the '92 riots, Justice BN Srikrishna told NDTV's Barkha Dutt that the state and "those who wielded power" had shown an evident bias in not probing the riot cases with the same energy as they had shown in convicting those responsible for the blasts in which 257 people were killed.
More than 22 years later only three people have been convicted for the riots in which more than 900 people were killed. By comparison, 100 people have been convicted for their role in the '93 blasts.
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Here are excerpts from the interview with Justice Srikrishna:
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Justice Srikrishna: There was no split verdict on his appeal. In any case, a three-judge bench went into the final petition and rejected it. I see nothing wrong in the death sentence being executed as that is the law of the land by which the convict was tried after giving him fullest opportunity of defence.
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Justice Srikrishna: As they say, a desperate person clutches at a straw. So his lawyers tried till the last moment to avert the punishment imposed and that is understandable. The Supreme Court had decide it urgently so as to a take a decision quickly instead of granting stay in view of the last minute petition. That was fully justified in view of the avoidable passion that was whipped up by giving the verdict a communal and a political twist.
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Justice Srikrishna: Under the law, the court can only act by the rules of evidence. The judge has considered everything that was admissible. He cannot consider what a person tells the media as evidence according to law. No such evidence was led before the court at any time.
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Justice Srikrishna: I think the state should have shown the same zeal in prosecutions of the riot accused. It has been remiss as there was hardly any serious investigation even in cases where was enough prima facie evidence.
NDTV: Some senior lawyers have argued that terrorism cases like the blasts cannot be compared to riots because riots are not planned conspiracies. Do you agree that riots and blasts are different and merit different punishments? In this case many more people were killed in the riots, but even the convictions were for hate speech.
Justice Srikrishna: I do not buy the theory that the riots were not inspired or that they occurred spontaneously. My report says otherwise again on the basis of material placed before the commission.
NDTV: A number of riot victims were victims of police firing. Your report also mentions such instances. What does it to do to the belief in due process if law officers are the accused and never get punished?
Justice Srikrishna: It only shows that even a good system can be subverted if in wrong hands. That is neither a reflection on the justice system, nor can it be decried on the ground put forward.
NDTV: Your report called Bal Thackeray a "virtual General" during the riots. The riots happened on the watch of the Congress-NCP government. No party has made an effort to take action on the findings of your commission. As a judge who probed these riots has that been a matter of immense disappointment and anger to you?
Justice Srikrishna: Yes, I feel so and I have said so earlier.
NDTV: Can we say justice has been delivered for the 1993 blasts after the Yakub Memon execution or will justice be perceived as selective unless there is also justice for the riot victims of 1992.
Justice Srikrishna: Justice has been done to the accused as he was found guilty beyond a shadow of doubt and was imposed with the appropriate punishment according to law. Apart from that, no human being can guarantee better justice. Opinions may differ but there has to be a finality and society must accept it.
NDTV: Your report drew a causal relationship between the Babri Masjid demolition, the riots and the blasts. Are those wounds still open or has Mumbai moved on finally more than two decades later? Can there be peace without justice?
Justice Srikrishna: On the surface, calm seems to prevail. Time only can tell if the wounds have really healed or if they are still festering.
NDTV: Why do you believe this one case of Memon execution created so much debate? Do you think it's because the bigger culprit of the blasts - Tiger Memon, Dawood - remain outside the purview of Indian law and may never be brought to justice?
Justice Srikrishna: I am not aware of the specific reasons. Perhaps it was whipped by media speculations and debates, none of which was articulated based on reasoning.
NDTV: You have spoken of the dualism in the state's response to prosecuting Yakub and pursuing the riots cases. Is this bias intentional, structural, deliberate? Where does the bias lie?
Justice Srikrishna: Bias lies in the minds of those wielding state power and affects the state apparatus.
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