Published On: Mon, Aug 3rd, 2015

Yakub Memon’s execution “darkest hours” of the apex court

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By Dr. Syed Nazir Gilani –

Prof. Anup Surendranath, Deputy Registrar (Research), at the Supreme Court of India has resigned. He has  attacked  the judgement clearing the death penalty for 1993 Mumbai blast convict Yakub Memon, saying two decisions within a span of hours are instances of “judicial abdication” that should count among the “darkest hours” of the apex court. There is a raging debate within and outside India over death penalty and whether it is being used as a form of the State avenging a crime.

Behaviour of many Indian judges in the superior judiciary of India somehow seems to have been influenced not by the maxim that ‘justice is blind’ but by the training and the geography of the judges. It is uncommon for a judge at least in a secular country like India that he should let go the constituents of a composite justice and reinforce his argument by recalling verses from Manusmriti, and say a King must punish the sinners or the sin will fall on him and that a ‘danda’ (stick) has to be used for those who inflict cruelty on the innocent. As a start Dalits consider Manusmriti as a treatise, which sanctioned the oppressive caste system. Dr Ambedkar had famously burnt Manusmriti in 1927 to protest the Indian varna system, which the doctrine considers to be divine.

Justice A R Dave’s recitation from Manusmriti did not go well with Dalit opinion and at the same time has given a cause of concern to the Muslims of India and others alike. He has done no service to the prestige and cause of justice in India. One need not wonder at the comment because Gujrat hangover does not seem to have ended in his case. His early practice and official engagements in Gujrat do not reflect well in this quote.

Last year, Justice A R Dave had said that he would have introduced Gita and Mahabharata in class one, if he were the dictator of India. It seals the case in favour of Yakub Memon and against Justice Dave.

The argument that school, training and habitat structure ones opinions is further proven by the understanding of Justice Joseph Kurian, who disagreed with Justice Dave and stated that, “After all law is for man, and law is never helpless and particularly the Supreme Court, which is the repository of high powers and protector of life, shall not be rendered powerless.”  He eventually favoured the stay of Yakub Memon’s execution in his dissenting order. His habitat, early schooling in a missionary school and training reflected in his understanding of justice and rule of law.

Dalits of India in general have expressed their serious doubts about the amalgam of Manusmriti and legal training of Justice Dave. They have said that the hanging of Yakub Memon was a Brahimincal act to uphold a Brahimincal notion of the country. A new debate on the judicial and political fronts as to how safe is the future of justice and the future of Muslims in India has started ever since Justice Dave put his faith in the Brahimincal notion of justice.

The situation has been worsened when people reposed with trust to defend the Constitution of India seem to have gone communal at core. The statement of Tripura Governor that all those who attended the funeral prayer of Yakub Memon are “potential terrorists” is disturbing. It is common in all faith to be respectful towards the funeral rites. Dead person has no issue with any one and vice versa.  Governor Tathagata Roy tweeted that, “intelligence should keep a tab on all (except relatives and close friends) who assembled before Yakub Memon’s corpse. Many are potential terrorists”. When the office of the Governor of a State turns suspicious and discriminates against a struggling minority community, no downpour from heavens would cleanse the guilt. India is fast cascading into a communal state in justice and in politics.

Indian Common sense has to wake up unless it is too late for it and things spin out of control. Some people may have a genuine issue with Yakub Memon but there is more to it. The Hindu mind-set did not spare even the Missile Man of India APJ Abdul Kalam on his death. BJP MLA Raja Singh tweeted that, “God is great APS Abul Kalam passes away. Our party always doubted that he may leak secrets to Pakistan”. Tweeted on 27.7.15 at 9.07pm.

Indian secular claim has lost its merit and the remains are cosmetic. The system is scapegoating and stereotyping the Muslims. It does not trust them even if Muslim Missile Man takes them to Moon. Hatred against Muslim seems to be common character of Hindu India. Indian Hindu does not take long to go intemperate in his consideration of a Muslim. Post Yakub Memon and Post APS Abul Kalam death developments are disturbing.

Farooq Ghosi, Samajwadi Party vice President of Maharashtra unit has been removed from his post for his demand in a letter sent to Mulayam Singh that Yakub Memon’s wife be made Raja Sabha MP to represent the helpless Muslims. People a while ago considered to be mad fans of Salman Khan turned foul against him for tweeting in favour of Yakub Memon. Security was tightened outside Salman’s residence in Mumbai hours after he posted about a dozen tweets in which he mounted a spirited defence of Yakub Memon and said his brother Tiger Memon, believed to be in Pakistan, should be hanged instead.

There are questions around the fast tracking of Yakub Memon’s execution. Muslims in India, Muslims in Kashmir, Muslims in Pakistan and Muslims all over the world have a serious concern on the manner in which Muslims are being fast tracked for execution. Non-Muslims and saner minds in India like Shashi Tharoor have described the Yakub Memon’s execution as state sponsored killing. Digvijai Singh has questioned the fast tracking of Muslims for death penalty in the country. If a mind-set finds its Muslim Missile Man and President of India unreliable and one likely to leak secrets to Pakistan, Tom, Dick and Harry in other communities, Muslims in particular, should not hope for anything different.

Yakub Memon’s execution and the manner of Indian justice has a foothold in Kashmir as well. Congress MLA from Bandipora, Usman Majeed is slated by Hussain Zaidi in his book titled “Black Friday: The True Story of the Bombay Bomb Blasts” as the person who reported to Indian intelligence agencies on the whereabouts of Yakub Memon and has Yakub’s blood on his hands. Usman Majeed as a Kashmiri militant had developed a friendly relationship with Memon’s during their stay in Pakistan.

It is not only the blood of Yakub Memnon but Usman Majeed and his associates like Kukka Parray, Javed Shah, Papa Kishtwari and Liyaqat Ali Khan have the blood of other 100000 Kashmiris on their hands. Indian administration has encouraged Kashmiris in their graduation from profit to profit – militancy to co-operation with Indian intelligence. These people have sold their soul to the Lucifer and they should not be allowed to be in the Jammu and Kashmir Assembly. They should not be allowed to take oath under the Constitution “to do good to all people”.

The apex court of India may have made history by opening its doors for a regular hearing (first time after midnight) of Yakub Memon’s last minute mercy petition and seeking temporary relief under 14 day rule, yet the Brahimincal notion of justice introduced by Justice A R Dave that “a King must punish the sinner or the sin will fall on him and that a ‘danda’ (stick) has to be used for those who inflict cruelty on the innocent” and haste shown in carrying out the execution, have been described as -“darkest hours” of the apex court. Do Muslims stand out as a target community in India? It remains the moot point.

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