A few weeks ago I posted about Sagarika Ghose interviewing Ram Jethmalani. It was about the “rule of law” and how in a civilized society, we do not brand individuals as criminals until they are represented by a competent lawyer in a fair trial, and at the end of it are convicted by an impartial judicial system. The interview made me angry.
Now, I am saddened by a similar story that is happening. Mohammad Ajmal Kasab is the lone person captured after the Mumbai attacks. Should he be punished in some way? Absolutely. And how? After a fair trial. For that to happen, he needs to be represented by a lawyer.
Ashok Sarogi a lawyer willing to represent this terrorist* is facing a mob outside his home:
Nearly 200 activists of Bal Thackeray-led Shiv Sena held demonstrations outside Sarogi’s home in Malad, Mumbai and pelted stones. They also forced the lawyer into giving a written statement that he will not represent Kasab.
Okay fine, Shiv Sena leaders are crackpots. That is known. What about supposedly educated lawyers? Mumbai’s Bar Association decided that its members would not take up the case. Bar Council president Rohini Wagh:
It was a unanimous decision because everyone felt it is our duty as citizens of this country to not defend terrorists
It is their duty as citizens to uphold the Constitution of India and the rule of law. Remember well-fought cricket matches after which commentators and writers exclaim “Cricket is the winner“? While it sounds corny, it is true. The game is bigger than the individual.
Similarly, our Constitutional values are more important than any tragedy that may come our way. Several brave servicemen lost their lives in the Mumbai tragedy while protecting India and its Constitution. We are doing their sacrifice a disservice by not upholding what they gave their lives for.
I am really saddened when I realize this is where we are as a nation. The India I read in textbooks is a mirage. Every day, I see increasing evidence that Indians who share these values are a minority. Unfortunately, I am one of them.
*Can we call Kasab a terrorist? The New York Times’ public editor approves.
