Delaying closure

In the coming general elections, the Shiv Sena will probably have to do without the services of their former MP, MLA and MLC Madhukar Sarpotdar. This is because he will be in gaol for a year for inciting communal violence in Bombay in 1992. The court ruled that Sarpotdar, in leading a mob to a Ganesh temple in Bandra while shouting slogans and carrying placards had 8220;fuelled communal unrest8221;. Sarpotdar, then a legislator, had not denied being part of a procession with members of his party; his defence rested on the claim that 8212; ironically for the member of a party that wishes to blur the boundaries between religion and politics 8212; it was a religious, not a political procession.

That procession was taken out 16 years ago. In the interim, the investigating officer died, as did some of the accused. Of the six witnesses for the prosecution, only one remained able to provide information for the court. As the public prosecutor has pointed out, any conviction is remarkable given the passage of time. It is hard not to feel sympathy for the complainant, Ashok Dalvi, who was attacked by the defence for gaps in his memory, and responded that remembering details after such a length of time was 8220;humanly impossible8221;. What is unacceptable is that, 16 years after riots in which nobody doubts politicians were involved, this is the first conviction of a professional politician. Indeed, this case was given priority: almost 250 cases are still pending.

The special riot court that tried Sarpotdar was set up by the Maharashtra government some months ago after sustained pressure from NGOs, and in spite of threats from various Shiv Sena functionaries. It is clear that such measures should have been taken earlier. Here, as in cases connected with the 1984 and the Gujarat riots, justice is coming too late; and, because of its lateness, is pretty meagre justice at that. India has had its share of traumatic events; denying victims and observers closure through the obstruction of justice, either directly or through drawing out legal proceedings, is extremely unwise.