
The Kanishka crash has had a deep resonance in this country. It was India8217;s first real brush with international terrorism. The deaths of those 329 men, women and children 8212; yes, there were 80 children on board Air-India Flight 182 that crashed into the Atlantic off the Irish coast 8212; have weighed heavily on the nation8217;s consciousness these last 20 years. Therefore the judgment of the Vancouver court freeing the two accused, Ripudaman Singh Malik and Ajaib Singh Bagri, at the end of an investigation that had gone on for two decades and a trial that had spanned 19 months, cannot but foster a sense of deep disappointment in this country, a feeling that justice has not been done in this case. For the families who have borne their irreparable loss with such fortitude over all these years, this denouement in court will only add to the burden of their grief.
Judge Josephson did understand what this attack signified. In his verdict he stated with clarity that 8220;these hundreds of men, women and children were entirley innocent victims of a diabolical act of terrorism unparalleled until recently in aviation history8221;. That unstated reference to 9/11 only underlined the enormity of the crime in the judge8217;s perception. But the prosecution 8212; the Royal Canadian Mounted Police and the Canadian intelligence agency 8212; despite their expensive and extensive exertions just could not establish the guilt of the two men beyond reasonable doubt. This could be the result of some extremely unprofessional handling of evidence 8212; crucial taped material was lost 8212; an inadequate understanding of the nature of Sikh militancy and the networks that sustained it and, possibly, an insufficient commitment to the case. The passage of time was also certainly a contributory factor. In 20 years, memories fade, responses get blunted, witnesses pass away, the will to unearth the truth weakens.