Poor counsel

One of the more interesting sidelights of the Indian Express-NDTV-A.C. Nielsen pre-election opinion poll was the fact that the majority of Gujaratis had expressed their disquiet over the riots that had visited their state in 2002. However, this disquiet may not translate directly in terms of electoral results. Indeed, the opinion poll projects a sweeping victory for the BJP in Gujarat in the coming elections. But this still does not detract from the fact that the riots continue to be an issue of great public concern. One of the important issues emerging from these riots is that of justice. All evidence suggests that there has been a systematic suborning of justice, with those responsible for causing large scale murder and mayhem having escaped punishment.

It is in this context that we should view the recent stance adopted by the counsel of the Gujarat government. It may be recalled that the Supreme Court is at present considering an application filed by amicus curiae, Harish Salve, seeking the transfer of cases relating to 10 major riot incidents, because of apprehension that the Modi government would not prosecute those cases properly. To buttress his arguments, Salve has also presented formidable evidence of the shockingly casual manner in which bail had been granted to the riot accused, which ran wholly counter to the state government8217;s argument that it was diligently following up on he prosecution process. Despite the obvious urgency the matter required, the state counsel then asked, and got, a deferment of the matter on the grounds that it would influence voting behaviour in the coming elections.

If the state government has nothing to hide in this matter; if, as it professes, it has gone about its job of prosecuting those responsible for various incidents of carnage with professionalism and without bias, why is it now adamant on not allowing daylight to fall on the proceedings? In any case, as Ram Jethmalani 8212; the counsel for Citizens for Justice and Peace, which is representing the riot victims 8212; has argued, elections are perhaps the most opportune time to reveal how the Modi government is attempting to bury these cases.