
In the first-ever judicial outcry against terror attacks in the country, the Delhi High Court noted its “anguish, shock and pain” at the “utter failure” on the part of successive governments to protect citizens from “mindless terrorists”.
In a judgment dismissing a petition by two September 13 Delhi terror blasts accused to declare their continued police custody as illegal, Justice Kailash Gambhir hit out at the political framework for its inability to ensure that “people live without any fear”.
The court pointed out that the Government’s lapse in preventing the recent Mumbai terror attack in which “the nation lost many innocent lives, some of them foreign nationals also” was a blow to human dignity and right to life. “Right to life would include right to live with human dignity, and the said right will be nugatory if the citizens of this country live under constant fear of violence and terrorism,” the Bench said.
“Before Delhiites could overcome the trauma of the blasts here, 10 terrorists on November 26 created havoc in the city of Mumbai, although this court is not dealing with the issue of the Mumbai attacks, these frequent terror attacks have traumatised and created a sense of panic in the common man,” the court said.
“I wish to state that there has been utter failure on the part of each government right from the first terror attack in Mumbai in the year 1993. Our country did not wake up even after militants attempted an outrageous attack on our Parliament in the year 2001,” Justice Gambhir observed in his 36-page judgment.
The judge chose not to mince words when he cautioned “national and regional leaders” from making “irresponsible utterances” which may demoralise the police or security forces or “arouse the passions and sentiments of the people” during crisis brought upon by terror attacks.