News of rejection of bail applications of 8 co-accused, in the conspiracy case of Delhi riots is a travesty of justice. The entire episode of the proceedings is more about demonstrating the might of the state, than enforcing law.
The larger conspiracy case, registered by the Delhi Police, is a dangerous abuse of power and process of law. Taking membership in WhatsApp groups, even passive, has been construed as conspiracy, and statements have been termed as war against India.
The UAPA makes bail impossible, if charges seem prima facie plausible. Addition to WhatsApp groups is not a choice, but any one can be added by unknown persons without seeking consent. Most community and marketing groups add one unsolicited. Taking this as proof of intent and conspiracy is abuse of law.
The police has selectively implicated educated, vocal and socially active members to send an intimidating message to the community. The organizational efficiency of the anti CAA-NRC movement surprised the union home ministry.
It was clueless before a peaceful, constitution affirming and articulate mass movement. It ensured that the community would not be able to repeat something like this again.
The judiciary too has, abdicated its responsibility here. First it should have refused the application of UAPA against political protests. Without any evidence of participation in violence or even presence in any crime scene, this is simply victimization.
The judiciary has dismantled all the 3 postulates of “rule of law “. Be it equality before law, or no punishment except breach of explicit law and definitely its role of protecting citizens from state excess. After 5 years, the courts could not even force the start of trials.
The state would not start it, partly because it has already achieved its objectives of sending the message to the Muslim community and mainly because the trials would expose them.
With the collapse of all constitutional safeguards, even the opposition is not in a position to speak for them. The Supreme Court needs to step in immediately and take measures to redeem the judiciary. The constitutional system is merely an expression of collective goodwill, if it becomes selective, it would unravel.
