People's Democracy(Weekly Organ of the Communist Party of India (Marxist) |
Vol.
XXVIII
No. 52 December 26, 2004 |
Modification
Exposed
AS
we go to press comes another exposure by the Tehelka.
This time around, it relates to the horrific manner in which the
country’s justice delivery system is manipulated to shield the perpetrators of
one of the worst communal carnages that
the independent India has ever seen. It
exposes the manner in which the prime witness, Zaheera Sheikh, was
bribed/threatened/cajoled in the, by now infamous, Best Bakery case.
As
we come close to the third anniversary of Godhra and the State-sponsored communal carnage in Gujarat, the sordid details of how prime
witnesses to the inhuman trail of
death and destruction are being forced to turn hostile in order to protect the
perpetrators of these crimes are emerging. The BJP MLA, Madhu Srivastava, is, on
record, stating that Zaheera was paid Rs 18 lakh to turn hostile. Following
this, she told the Vadodara court that she did not see what the mob did
on the fateful night because she was hiding in fear.
Based on this, all the 21 accused were acquitted
by the court. This was in
May 2003. In July, however, Zaheera capitulated and said that she had turned
hostile under threat from the BJP legislator
and his cousin, who is a local Congress corporator! With the help of
social activist, Teesta Setalvad, she succeeded
in having the case transferred out of Gujarat. By November, 2004,
however, she, once again, reneged on her statements accusing Teesta Setalvad of
holding her hostage! On December
21, 2004, Zaheera deposed in the Mumbai court that she had not seen anything on
that fateful night.
Such
flip-flop is explained by the Tehelka exposé as the result of large sums of money being paid to
her. In the first instance, it was an admitted Rs 18 lakh. The latest flip-flop
is a result, it is alleged, of a larger amount of money paid this time by the
Gujarat government. The exposé also has Zaheera’s grandmother recounting the
gory details of the attack on the Best Bakery on the fateful night.
This exposes her granddaughter as a ‘liar’.
While
the Supreme Court will surely pay
attention to this exposé and establish its veracity, the most disturbing issue
is the vulnerability and fragility of our
system of delivery of justice. Clearly, the state government can – and in this
case it has often been – intimidate key witnesses in such cases of gruesome
murder and mayhem. Such exposes, apart from confirming some of our worst fears
concerning Indian democracy, calls for well-thought out remedies to protect the
witnesses, even in such high profile cases, in order to deliver justice to
riot-affected families. Can money,
muscle-power and control over State administration always derail justice?
This case, like all others in Gujarat, is nearly three years old. Justice
delayed is justice denied. The Supreme Court and all other arms of Indian
democracy must together evolve correctives to improve our system.
Most
importantly, this exposé constitutes yet another damning indictment of Narendra
Modi administration in Gujarat. Clearly,
it was not only a State-sponsored communal carnage, it was also a
State-sponsored protection of criminals. That
such a fascistic effort can manipulate Indian democracy cannot simply be
allowed. This exposé
constitutes yet another reason for the Modi government to
quit. But the Indian people
have long-stopped seeking this because the BJP and its Gujarat chief minister
have scrupulously displayed utter contempt for political morality. They will
have to be defeated in the political arena in order to safeguard and strengthen
Indian democracy.