Unless thousands of potentially innocent people continue to languish in prison for years, even though innocent until proven guilty is the most widely accepted principle of justice, It won't.
A recent excellent report published in the Times of India (May 3, 2024) is titled “10 years in prison for innocent people – who should pay the price?'' Sunil Baghel cites several such shocking examples of injustice. One of his is the now well-known case of Delhi University professor GN Sai Baba. He was convicted in a pre-trial and spent nearly 10 years in prison. In March 2024, the Bombay High Court acquitted him, stating very clearly in its judgment: This is to determine past locations or to prove how the person was directly connected to and responsible for other acts of terrorism. ”
Saibaba was severely disabled even before his arrest and developed several illnesses while in prison, causing great suffering to him and his family.
Another example Baghel cites is the 17 people from Mohd (Madhya Pradesh) who were arrested in 2017 for simply celebrating Pakistan's cricket victory, two of them minors. . They had to spend six years in pre-trial before being acquitted by a local court that found no evidence of the “charges” against them.
According to official data for 2022, nearly 75% of the prisoners in India's 1,330 prisons, or about 434,000, are not awaiting trial. About half of them were young people between the ages of 18 and 30.
The review noted that a report submitted by the Law Commission in 2018 recommended that victims of such torts receive compensation payments, but this has not been implemented. ing.
Apart from the examples cited in the reports cited above, examples emerge from time to time of people who are likely innocent but have to languish in prison due to inadequate justice. In the case of the infamous Maruti incident, as many as 148 workers, most of them trained young workers who had come to Gurugram near Delhi with high hopes and ambitions, were arrested for alleged acts of violence. He was charged with one act and jailed. Years later, the trial court acquitted 117 of them, but their prime years had been stolen from them and they and their families had been inflicted with great unwarranted suffering.
Indeed, in some such cases it is the poorest of the poor who are falsely accused of the crimes of others, as they have few defenses. What is also very worrying is that small groups of activists fighting to get justice for the poor are also increasingly being targeted.
Some time ago, the Supreme Court was widely praised for its firm upholding of the Bombay High Court's order granting bail to Anand Teltumde. The 73-year-old prominent scholar-activist has been released from prison after 31 months in prison and has made important comments regarding the case, which also involves several other prominent activists. He was behind bars behind our backs for years. ”
Of course, we are referring to the infamous Elgar Parishad scandal, which has attracted strong criticism from several human rights and democracy activists in recent years. The case saw the arrest of 16 activists known for their pro-poor tendencies and activities, including human rights lawyers and academics, in matters related to events held in Pune in 2017-18. The incident essentially involved the mobilization of a large number of pro-poor organizations. For cultural and related celebrations. Unfortunately, violence subsequently occurred at another rally attended by several members of the public. Some of those arrested, such as Fr. Stan Swamy, who died in prison and was regretted all over the world, could never understand why he was being arrested in this case.
One of the main accusations is that Elgar Parishad events had Maoist connections. This claim should have been rejected at a very early stage as two retired and eminent senior judges clearly stated that they were the organizers and fund mobilisers. It is surprising that the authorities initiating this case did not listen so clearly to this position taken by two eminent retired judges and left no room for doubt. These judges were supported by a number of local poverty organizations in organizing this event. This attests to the extensive, open, non-confidential and transparent nature of this event, as also stated by the two learned judges. .
Additionally, both justices are known for their extraordinary integrity and concern for justice for the poor and vulnerable. Justice PBSawant was previously a judge of the Bombay High Court and later a judge of the Supreme Court of India. He later became the Chairman of the Press Council of India and showed great interest in ethical issues related to the media. Justice Sawant (retired) breathed his last some time ago, having been extremely distressed in his last days by the way the Elgar Parishad case had been fabricated and pursued by the authorities. Justice BG Kolse-Patil was a judge of the Bombay High Court at a relatively young age. After retiring, both judges devoted themselves to activities for relief of the poor, community harmony, and national integration. Therefore, their organization of large-scale poverty relief events was quite logical and understandable in view of their various other activities and should not have aroused any suspicions. Some of the activists arrested in the Elgar Parishad case did not even know the two judges who were the main organizers, and in fact, the judges, the arrested activists, their families and supporters, etc. has held discussions. It has become impossible to understand what exactly is the basis for this incident and the widespread accusations involving so many people from different parts of the country.
Meanwhile, Fr. Although Stan Swamy died in prison in this case, the serious medical problems of several other imprisoned activists have also been highlighted from time to time by their families and lawyers.
Apart from speeding up the trial process in such well-known cases, several other grassroots activists, simple farmers and laborers who were involved in the false accusations and were subsequently left unattended. It is important to provide speedy justice for these cases as well. A prisoner on trial for a long time.
Some time ago, President Drupadi Murmu said: “Our job is to think about the poor undertrials who are languishing in prison. We must all think and find a way…” This hope and guidance evidenced by our esteemed president Accordingly, we must fulfill this mission of providing relief to all those who suffer from such injustice and unjust imprisonment.
bharat dogra I am honorary chair of the Save the Planet Now campaign. His recent books include Man over Machine (Gandhi's Ideas for Modern Times), When the Two Streams Met (India's Freedom Movement), Protecting Earth for Children, and A Day in 2071. And so on.
