by Justice (Retd.) Ajit Singh Bains
“The administration of justice is the firmest pillar of government”
George Washington
Of all the things which man seeks, Justice ranks among the first. The question of social organization, the problem of state and politics, all come down to the question of resolving the conflicts among men fairly and justly. All systems of Government and organization of Societies have tried to set up a machinery of justice which will be fair to all.
To provide justice is the first task of any government, this is the difference between a robber state and good state. Saint Augustine says it all when he declares, “What are great kingdoms but great robberies if justice is taken away from them.”
Systems of Government are constantly evolving to set up more and more responsive machinery Of state, so that the weakest among its members can get justice. To give each his due is what everybody wants. Communist philosophy grew out of the injustice of its age and in turn is being swept away because of its failure to dispense justice. Some people in their countries become more equal than others and justice was choked,
India today, is facing wide spread rebellion and armed insurgency. From Naxalite militancy to religion inspired armed struggle. One thing is common in all disturbed areas, justice was not available there,
The only reason for the state and the ruler to exist is to give justice to its people. Otherwise anarchy ensues, When state is unable to provide justice, people devise their Own mechanism apart from the established state to do justice.
It is time we listen to Emerson “If the government is cruel, the governor’s life is not safe. If you tax too high, the revenue will yield nothing. [f you make the criminal code sanguinary, the juries will not convict. Nothing arbitrary, nothing artificial can endure.”
If tribal people came under the influences of armed Naxaliets, it is because in those areas the Naxalites are the only people who can dare to dispense justice to them. How so ever odd it may appear to a person in New Delhi that why should some young man choose the gun and live a short life, it is true that search for justice is eternal in the heart of man. There is a flame in the heart of man which wants to give justice. The inspired people of all religions, of all communities, of all times, have endeavored within their means to give justice,
It follows that the machinery of Justice must never be choked. Governments who suppress peaceful protests, do so at their peril. Governments who do nothing, will eventually face an alternative mode of justice, more swift and harsh.
The attention of India has been on Punjab. Why should Punjab, witness militancy when it is land of plenty? Justice has nothing to do with plenty or poverty. Justice is a balance between what ought to be and what is. The endeavor to redress a wrong is justice, therefore, in all societies whether they are rich or poor, the balance is restored by a just king, by a just State, by a just parliament.
In Punjab today, and not today, but a decade ago, justice was declining. And for the people at the last ladder of society, justice is dispensed by the policeman, and by the revenue officials. The jus tice in the past years kept on de creasing and the militants kept on increasing.
The Naxalite movement in Punjab in 1968 was a symptom, which shouted and shrieked that in this Iand in justice is widespread. People who flock to political leaders do not say that they are against a particular community, or particular religion, or they want another country, but they come with the cry that justice has not been given to them. A father’s son is shot before his eyes on mere suspicion by a callous police officer, and the state does nothing. The state believes only the police officials, and the states do not intervene to set the balance night. Then the law of nature comes into play. Private vengeance takes over.
If anyone has doubt about the laws of nature he should go and study Emerson’s essay on compensation. If the king is cruel private vengeance takes over and the king’s life is no longer safe. If there are no courts, people dispense their own justice. If you recruit policemen by favoritism, then your own guard is incompetent and fails to protect you. If today you appoint corrupt persons as judges, tomorrow, your own case shall be decided on factors other than merit.
Therefore, each man be on the alert, that in short sightedness if he tries to be unjust the circle will be complete and the fire which he ignited shall engulf him. The case of Punjabis that one political party tries to dislodge another party from influence, with the result that before that other political party can go out of influence, it itself goes out of circulation, Every actor in the drama of Punjab has received his dues. The dues have been received in bullets and blood. In
Punjab, no innocent is killed, all guilty one are eliminated from either side.
Even in today’s Punjab, the question is same: quest for justice. The means for steking justice have changed, but the urge remains the same. It is imperative that Indian Government provide justice and every other problem will die its own death. The Punjab’s criminal justice system is simply not functioning. The people in Punjab begin their day with the Ardas which reminds them of people who have” died fighting injustice, Here there are people whose faith is, if all remedies for seeking justice fails, then taking to arms is just and pious.
They are India’s best defenders if India can be just to them, they are their own defenders if injustice is done to them. Its important {o recognize that traditionally in Punjab the police is a vehicle of injustice and corruption. In the best of time it was restrained because of political process. In the name of terrorism, the previous government relied exclusive l, on this arm alone not realizing that this very arm is making it every, day harder to govern, Vendetta must be done if it is for justice!
No wonder every political figure who knows Punjab demands that let those things be done on which every bodies agrees. Let people be punished who have committed riots of 1984. Let the police officials be punished who have killed young man to make their big house bigger. Let silent bureaucrats be punished who have been silent when it was their duty to speak out. Let those politicians be punished who used people like cards to play games of blood.
Former Director General of Po lice Rustam jee warns again and again, through his articles that do. not fiddle with the criminal justice system, strengthen it, because it is the fountainhead of stability and Justice in society, If Irish problem has not gone out of hand in England, it is because the system of nominal justice is not choked but Still provides justice even to its worst offenders, Justice is tested only wen it is dispensed even to Society’s worst members. Justice has meaning, and law take a just meaning when it is also available to the law breakers. To the law abiding person law does not mean much, Law is not tested when a peaceful person is allowed to proceed in his life unperturbed. Law is examined when its worst enemy is also treated lawfully. And that is ‘justice,
It is not commonly realized that when innocent persons are killed, it is very tempting for the state to kill another innocent and proclaim that guilty have been killed. The Jaw too wants to kill them but after ascertaining that they are the guilty one, and after giving them the Opportunity to prove that they are not The court mal is nothing but an attempt to find out that the person going to be hanged is actually the man who should be hanged or some poor soul caught in the: web of political corruption and Circumstance,
One thing which must be urgently done is to provide justice of a very routine nature, Let no man escape the goddesses of nemesis by virtue of his position and rank and riches. We can all be participants in this process of imparting justice by simply speaking against the unjust act. “To sin by silence when one should protest, makes cowards of men.
Let them who dare, speak and speak again to right the wrongs of man.”
Article extracted from this publication >> November 5, 1993
