August 09, 2005
The Wheels of Indian Justice (Updated)Politics
News about the release of the Nanavati Commission report was in the Indian papers yesterday, but it wasn't until this morning that I finally saw an coherent explanation of what it means, in the Indian Express:
NEW DELHI, AUGUST 8: Twenty years after hundreds of Sikhs were massacred in the Capital, a judicial inquiry has for the first time given a finding that Congress leaders were involved in it.The Justice G T Nanavati Commission, which was set up in 2000 to undo the "whitewash" by the Justice Ranganath Misra Commission in 1986, has indicted, among others, a minister in the Manmohan Singh Government, Jagdish Tytler, and Congress MP from the Outer Delhi constituency, Sajjan Kumar.
But, having waited till the last permissible day to table the Nanavati CommissionÂ’s report in Parliament, the Government today rejected the finding against Tytler on a ground that is bound to trigger a legal controversy.
The Commission concluded that there was "credible evidence against Jagdish Tytler to the effect that very probably he had a hand in organizing attacks on Sikhs."
In its action taken report (ATR), the Government however interpreted these carefully chosen words to mean that "the Commission itself was not absolutely sure about his involvement in such attacks."
And then, turning Indian jurisprudence on its head, the Government claimed that "in criminal cases, a person cannot be prosecuted simply on the basis of ‘probability."(link)
If you were waiting for justice, too bad: as often happens with Indian justice, all you get is bupkis.
Incidentally, some of these guys faced criminal trials earlier, but no one has ever been convicted of anything. Sajjan Kumar, most famously, was acquitted for his involvement in 2002. Both Kumar and Tytler are still in the Congress government.
More recent coverage of Nanavati here, here, here, here, here, here, and here.
Update:: Jagdish Tytler has submitted his resignation.
amardeep on August 9, 2005 08:54 AM in Politics · T·r·a·c·k·b·a·c·k address · Direct link · Email post
Jai Hind.
Satyamev jayate!
sarcasm intended
Incidentally, some of these guys faced criminal trials earlier, but no one has ever been convicted of anything. Sajjan Kumar, most famously, was acquitted for his involvement in 2002. Both Kumar and Tytler are still in the Congress government.
Still in the government as in they are in elected positions ?
Incredible. So people actually go out and vote for these monsters !
Yea and Congress is supposedly 'secular'.
Dhaavak,
I got the sarcasm -- in this case the "truth" may finally be out, but the government is saying it won't do anything about it. The truth doesn't triumph; it is powerless.
I love their cleverly legalistic interpretation of "probably."
And Al-M,
Yes, people vote for these guys, I think along the lines of "let bygones be bygones" (which you hear a lot in Indian politics). I think people also think (though they don't say it often) that a little homicidal rage was understandable after the assasination of a beloved (by some), iconic leader.
I think people also think (though they don't say it often) that a little homicidal rage was understandable after the assasination of a beloved (by some), iconic leader.
I am not surprised. The same 'people' idolize Hitler as well!
The great part is that our beloved Sikh prime minister is supporting these people in government.
AM, People voted for these guys. Some even in Delhi, where there are so many Sikhs. There is no "secular" party in India. Even the COMMUNIST party does "Durga Puja" in Bengal, which is the party's strong hold.
Being "secular" (as in a-religious) is against Indian ethos, I think.
So now, different parties support differnt religious groups, some overtly some covertly.
Dirty evil - evil evil evil
What a farce India is when it calls itself a democracy
I spit on them and [further curses removed by Admin.; sorry Punjabi Boy, you're over the top here].
I believe Jagdish Tytler if I am not mistaken is the minister of NRIs and PIOs.
Considering the Sikh diaspora is such a significant part I wonder what they were thinking.
Then again I believe the Congress is in power in Punjab.
They really ought to have televised hearings if you can not convict them, you can at least condemn them in front of the country.
Bharat maata Ki Jai!
What else can one expect? It was Congress in power then, and it's well Congress in power now.
Not that BJP/Sena would have done anything different.
One recollects Sri Krishna report, which was setup to invesigate Bombay riots. After 5 years when the report was tabled, it was simply trashed away by the Saffron Brigade.
tef,
yes Tytler is the minister of NRI/PIOs. During recent elections, there was quite a lot of brouhaha over Tytler and Sajjan Kumar - however the Congress, being old hats in this business of blame-game, v.effectively sidestepped that controversy.
Amardeep,
I wonder why Mr. Nanavati felt the need to sneak in that 'very probably'? Could it be the recent controversy where someone from the press(NDTV?) got hold of an early copy of the report..and then there was some hullaboo over it, and there was some controversy surrounding it.
It seems to me that Indian justice system is where US/UK justice system was in the 1950's. There is the infrastructure and legal codes. But the extra-legal system is so extensive and pervasive so as to defeat the justice system.
This of course reminds me of another massacre involving Sikhs and the resulting legal tamaasha. There also the solution sought and recieved was extra-legal. However, in today's world, Udham Singh would not likely have a college named after him
Sorry, can't be bothered to read all that with a stupid name like 'I hate Hindus'.
I hate Hindus
Huh? Jagdish tytler is a Christian...why hate Hindus for what he did?
Amardeep - thanks for the link to the Indian express story. I rarely read the Indian express due to the flood of pop-ups it unleashes onto my desktop, but this was worthwhile, especially the summary right at the bottom (great for information-in-a-capsule short-attention-spanners like me!). I had been curious about HKL Bhagat too, who hadn't come up at all in the discussions I'd read, and the Express clarified that one too.
And while I'm sure it would be fun to jump in and wallow in the Hindus-hate-Sikhs, Muslims-hate-Hindus, everbody-hates-Rajiv slush that is this thread (little Colbert voice on shoulder: I will have to disagree with you on that, sir), I think there is a non sectarian/non religious point to be made here.
No politician of any responsibility has ever suffered a serious penalty in India for any indiscretion, however blatant it may be. This goes from these slimebags in the 84 pogrom to Narasimha Rao for the bribes he took to Modi and his goons in the 2002 pogrom to George Fernandes in the defense scandal more recently. India needs to make its leaders more accountable, but I despair of the very beneficiaries of this corrupt system cleaning it up.
That said, while the US is better in many ways (significantly higher accountability, much better tracking of money flow, which makes it harder to bribe investigators), the powerful protect themselves here too and it is really hard to penetrate the system. From Nixon being pardoned by Ford to Kissinger getting away with multiple murders to Rumsfeld not even being rapped on the knuckles for Ghraib and friends - and this is just the things for which there is documented evidence of malfeasance.
Dr Manmohan Singh apologized for the 1984 riots:
Also, while Mr Tytler continues to maintain his innocence and that he is a victim of a conspiracy, there may be direct evidence that Tytler was materially involved in the massacre.