Terrorism Accused: Is Legal Aid Justified?

The BJP National President, Mr. Rajnath Singh’s recent statement opposing the providing of legal aid to the suspected terrorists, does not speak well of the leader of a National Party, which continually reiterates its staunch commitment to democracy.

Mr. Singh in a recent speech had openly criticized Professor. Mushirul Hasan, the Vice Chancellor of the Jamia Millia Islamia for offering legal aid to students of the University, arrested on charges of “terrorism,” more specifically of being involved in the spate of bomb blasts that have rocked different cities in the country in the recent past. According to the police, the students are members of the Indian Mujahideen, a terrorist group which has been the brain behind the spate of blasts. Earlier also, lawyers in various courts, had received open threats from Hindu Fundamentalist organisations, for “daring” to think of defending various bomb blast accused.

A statement like this, and that to from a person of Mr. Rajnath Singh’s stature, casts grave doubts on the BJP’s honest commitment to the country’s democratic principles. True, grave acts of terrorism bringing in their wake unlimited bloodshed and loss of human lives, can not and should not merit even an iota of justification. Clearly, perpetrators of a crime as heinous as the incidents in question ought to be dubbed as anti national, and deserve the most stringent penalty.

A basic norm of the judicial system worldwide however, is that a person is innocent unless proved guilty. Hence the penalty should be meted out and duly publicised only after the accused is given a fair trial under the legal system, and has been proved truly guilty beyond a shadow of doubt.

The implication here is that every individual should be given a fair chance to defend himself. Article 22 of the Constitution of India, under the sub section Right to Freedom, in the section Fundamental Rights, states that any individual who is detained shall “not be denied the right to consult a lawyer of his choice.” Viewed in the proper perspective, this also implies that the legal fraternity on its part, should not under pressure, shun taking up the case of a suspected terrorist. If a member of the legal fraternity did not take up such a case out of fear or under threat, it would be tantamount to failing in his or her moral duty.

The first question that arises is whether those arrested are really guilty. Or is it that some innocent persons have also been arrested on suspicion, or on grounds of mere association with the allegedly guilty. No doubt, truth can only be established via the due process of the law, but in a situation like this what really happens to the hapless victims? Very often their families may not be in a position to provide any legal assistance. At times, members of the family may be forced to seek seclusion on account of the stigma that follows an arrest under such circumstances.

Kith and kin would always believe that their near and dear ones are innocent. No doubt, there have been instances where parents of the arrested have publicly stated that their offspring should be hanged if found to be a terrorist, but the catch is that the charges should first be proved.

Professor Mushirul Hasan has done well to come forward and offer legal aid. In the absence of family support for whatever reason, it is the duty of any morally conscious citizen to ensure appropriate legal aid. Prof. Hasan is therefore doing his duty as a morally conscious Indian Citizen. Moreover as the head of an academic institution, he has fulfilled his bounden responsibility and duty towards the students and alumni, who in this case have found themselves on the wrong side of the law.

What the likes of Mr. Rajnath Singh should realise is that offering legal aid in no way amounts to supporting acts of terrorism or violence and bloodshed. Also they would do well to be sure that the acts of a couple of misguided students or miscreants do not and should not necessarily tarnish the name of the institution as a whole. Almost every family has its black sheep, but does that mean that the entire family should be ostracized or spurned at?

Mr. Singh and his supporters ought to understand that a stand like this would cast grave aspersions on the credibility of their party. The intelligentsia and the educated elite would start wondering whether the BJP, if elected to power in the next general elections, would continue to stand by democratic ideals and allow the citizens of India to enjoy democratic rights. The 45 plus generation has not forgotten the bleak 19 months when fundamental rights were suppressed.

Though condemning terrorism is a must, as far as bringing the guilty to book is concerned, it would be desirable to let the law take its course, while those arrested are given access to the best legal aid within the circumstances. Until the charges are either proven or discarded, it would be advisable to refrain from making any statements that point either to the innocence or guilt of the individual in question.