The extreme penalty of death to three and life imprisonment to seven Sikh hijackers by a special court of Lahore has come as a rude shock to all those who value human rights and understand the compulsions and privations suffered by a persecuted community. The verdict is repugnant to the universally acknowledged principles of natural justice.
Justice is not a mathematical formula to be applied to inanimate symbols, nor is it a pawn to be pushed around for political or trade advantages. Justice divorced from equity or sense of fair play is no justice. It must follow a meticulous rationale and must take cognizance of the extenuating circumstances and the emotional strains under which an act is committed.
Every violation of law is not strictly a criminal activity. The manner and the motive behind an ostensible criminal act need to be analytically and diligently examined. The jurisprudence in most civilized countries of the World recognizes the tremendous emotional impact of a “sudden and grave provocation” on the responses of an average human being. The killing of a human being under grave and sudden provocation is not considered 1st degree murder. It is described as a culpable homicide not amounting to murder. The punishment in such cases is never death sentence.
What prompted the Sikh young men to force the Indian Airlines planes to fly to Lahore? Were they seeking any ransom? Did they set out any demands? Did they harass the passengers or the crew? Did they harm the Aeroplan? Were they captured by Commandoes or they surrendered without resistance? The answers to all these questions are very relevant and should have influenced the judgment.
It is a matter of deep anguish and pain that the learned judge ignored all these important factors. He also totally disregarded the precedent of the hijacking of an Indian Airlines plane to Lahore by Mr. Pandey and his companion. The hijacking by Pandey and his companion was done to protest against the arrest of Indira Gandhi by the Janata government. They were released by Pakistan authorities. The fact of their release was a material factor in inspiring Sikh young men to resort to protest hijacking.
While Pandey and his companion violated law simply because their leader was arrested, the five Sikhs resorted to hijacking in September 1981 to lodge a protest against the diabolic State terrorism let loose against the Sikhs by a communal government.
Later nine Sikhs were driven to adopt this course in July 1984 to focus the attention of the world on the grim tragedy of full scale Army invasion of their most sacred shrine Golden Temple. The invasion left thousands of innocent pilgrims dead and the holy Akal Takht in shambles.
The learned judge also failed to consider the frightful repercussions that his judgment will have on the already besieged minorities of India. It will embolden their persecutors and multiply the miseries faced by Muslims, Sikhs, Christians and Dalit’s.
The defendants will go in appeal to the Superior Court, It is hoped that the senior judges will take into account the exceptionally extenuating circumstances and temper justice with compassion and consideration. It is also hoped that Pakistan government would not play with the lives of the Sikh young men Just to manipulate political or trade advantages. Pakistan cannot be unmindful of the political realities of its situation. It can bargain for friendship with India only by surrendering on Kashmir issue, by accepting Soviet occupation of Afghanistan and by ignoring the fate of the Muslim minority in India. Would it be worth-while? It is for Pakistan to consider.
Article extracted from this publication >> January 24, 1986
