By TwoCircles.net Staff Reporter,
New Delhi: The judiciary often ignores the legal procedure and looks the other way round when accused confronts it with violations of their basic human rights guaranteed under India’s Constitution, said Abu Bakr Sabbaq Subhani, a lawyer associated with a human rights group.
Narrating his recent experience at the NIA Special Court, Patiala District Court on December 8, Subhani – who is Assistant National Coordinator of the human rights group Association for Protection of Civil Rights (APCR) – said the National Investigation Agency (NIA) team produced a Kashmiri youth (name withheld to conceal identity) before the Special Judge, when the youth immediately complained to the honourable judge. “The youth told the judge that just before coming to the court the NIA personnel had kept him completely naked. They (NIA officials) had also taken his signatures on blank pages.”
Subhani said: The youth clearly told the judge that one of the officers present in the court room was holding blank papers with his signature and kept on repeating his request to check the official’s file as proof of his claims. “Despite several requests and complaints, the Hon’ble special judge simply ignored the youth,” he added.
The officer that the youth had identified rushed outside the courtroom, according to Subhani when the Kashmiri youth again requested the judge to check his files but the judge still ignored his request. “I followed the NIA officer and saw that the identified officer was handing over the said papers to another NIA officer. When the second officer noticed I was observing their actions, he immediately left the place,” the activist, who has done masters in Social Work followed by L LB, said.
He further alleges that he was not allowed to sit in the courtroom in between this proceeding.
The defense lawyer of the Kashmiri youth has, meanwhile, filed a complaint in the same court with a signature from him.
“I am disappointed that the Judge could have reprimanded the said officer immediately and caught him red handed. His file could have been checked. I was an unfortunate eye witness to the failure of judicial system, including that by honourable Judge, public prosecutor and learned defense lawyer; as they failed to catch the culprit officer, who had successfully escaped with the evidence of his crime from the so-called temple of justice.”
“Creation of fake evidences to implicate someone and ceasing his/her right to life and liberty seems to be a normal job in discharging official duties of officers,” he alleged and drew attention to how in many cases, the court has found the investigating teams planting evidences.