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| Prevent politicisation of anti-terror laws: CJI | | | New Delhi | Dec 22
Coming out against "communalisation and politicisation" of anti-terror laws, Chief Justice of India K G Balakrishnan today said new legislations similar to controversial POTA contemplated by several states "raises serious human rights concern".
The Chief Justice also regretted that violation of human rights were "swept under the carpet" and pressed for a revamped criminal justice system.
Delivering the 20th Endowment Lecture of Intelligence Bureau, he said it was important to "prevent communalisation of politicisation of such laws (anti-terror laws)".
"The fact that several states have suggested that they will enact new laws similar to POTA raises serious human rights concern," he told a gathering of Intelligence Bureau officials.
"The essential question that arises while considering the efficacy of such special laws is whether they are required at all, and if, in the alternate, we can reinforce our criminal justice system mechanism to include prevention of the acts for which these special laws are enacted," he said.
The comments of the Chief Justice came close on heels of views expressed by some Chief Ministers at a conference on internal security seeking enactment of anti-terror law akin to POTA.
Maintaining that internal security has to go hand-in-glove with promotion and protection of human rights, he stressed on the need to have a symmetry between the two to reduce the "teasing illusion". Citing the example of Punjab and Mizoram where militancy was eventually curbed by security forces, Balakrishnan said "the success of security forces in these states reflects the need for security agencies all over India to adopt a strategy that aims at securing the confidence and support of local populace." He said "arbitrary high-handedness and human rights violations" by security agencies "greatly alienate" the people, who are then used by anti-national elements.
While supporting the case for strong measures to counter anti-national elements, the CJI, however, made a case for upholding of human rights saying "respect for human rights needs to be maintained." The fact that legislations like TADA and POTA were allowed to lapse or were repealed on grounds of misuse by security agencies stands testimony "for the urgent need to envisage and enforce an effective criminal justice system that is capable of dealing with all these issues."
Emphasising that the protection of internal security was essential for nation's governance, the CJI said "the upholding of the rule of law and human rights in face of internal security crisis is a test of the inner strength and moral fabric of the nation and its people".
Recalling terror attacks since 2001 on Parliament, Akshardham temple, Indian Institute of Science, Bangalore, serial blasts in Mumbai and Malegaon and massacre of labourers in Assam, Balakrishnan said "it demonstrate that entire length and breath of the nation is vulnerable."
World over, the state security agencies and legislative bodies have come under increasing public scrutiny and criticism for their alleged non-adherence to human rights principles and adoption of a "wolf-in-sheep-skin" approach, Balakrishnan said.
In such laws, "disguised" as anti-terror or internal security laws, human rights are supplanted with draconian legislation and having an inherent mechanism of justice dispensation through tribunals, often kept beyond the scrutiny of courts, judicial review or even legal aid, the CJI said.
He said due to these laws, the state becomes an "unsuspecting contributor" to discord with nation. "A loss of public confidence has immense implications for the nation, and threatens the very existence of our democratic social order".
While ensuring that those responsible for disrupting peace and harmony in society were dealt with "an iron fist and heavy hand", Balakrishnan said an impartial, efficacious and rights-based criminal justice mechanism is an essential factor for a h armonious social order.
The CJI said in order to infuse human rights in the criminal justice system, the entire process needed reconsideration, particularly at stages of probe, prosecution and adjudication.
He suggested that excessive interrogation should be also humane. |
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