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Dislocating the rule
of law
In
facts, the study of riots also provides us a
complete unambiguous evidence of utter violation
of rule of law. The India Constitution and the
governmental agencies particularly the law and
enforcement agencies are supposed to carry out
this principles in pursuance of democracy and
the ‘social contract’ expressed
in the constitution making vis-à-vis
the protection of minorities and their participation
in power sharing. What happened after Indian
Muslims trusted the Indian State after 1947
is the most pertinent question today? It is
perhaps the rule of law which was not only violated
but ruled out by its implementing agencies particularly
in many cases of violence against the Muslims.
In most of the riots, it is not only the persons
belonging to the majority community but also
the police act collectively against the Muslims.
In some cases, where the police followed its
code of conduct in dealing with violence, has
either controlled violence within a short span
of time or didn’t allow it to happen at
all. On the other hand, major riots can be easily
identified as ‘Police war against Muslims’
in collaboration with other local, state and
central officials.
Raju
from California quotes his friends from Ahmedabad
that the ‘state machinery has been openly
complicit in attacks against Muslims and provocateurs
are trying to disrupt even relief lines to riot-torn
families.’23 The Gujarat savagery has
been a serendipitous international event telling
the truth of India that is Bharat. Leave alone
the general Muslim community who are vulnerable
to the police, there are examples of how the
Muslim elite who are also part of the government
and key players in civil society, felt threatened
by the police. The Gujarat riots of 2002 have
many such examples. Even some of the officials
belonging to the majority community, who wanted
to act according to the rule of law, were either
transferred or discouraged in their duty hours.
Ex-member of Parliament Ehsan Jafri who lived
in elite locality, was brutally killed by the
rioters and his house burnt along with other
houses in a very planned way. Before this tragedy,
he made numerous calls to the high police officials
many hours in advance to rescue him or to give
some protection to shift to other locality.
But nothing happened. It was not the case of
inefficiency on the part of the police but a
clear case of communal indoctrination and anti-Muslim
syndrome. Cases like these have happened in
many riots or popularly called anti-Muslim violence.
Justice V.R. Krishna Iyer24 conceded some symptomatic
testimony.
Is
it true that Justice Qadri, a sitting judge,
had to leave his official quarters because of
communal intimidation (and lack of police protection
y the state) only to seek asylum in a Muslim
sanctuary? Is it true that Baxi, a Muslim, who
was the vice-president of the Central Income
Tax Tribunal in Ahmedabad, had to take leave
for fear of Hindutva hoodlums and flee till
he got a transfer to Kolkata? Is its true that
revolvers and ‘trishuls’ are available
at the VHP centres on payment of Rs. 3,050 provided
you declare that you are a Hindu? Is it true
that all Muslim police officials have been removed
from law and order sections and normal investigation
situations and put in innocuous places? Isis
true that all the transfers of police officials
in Gujarat are under the de facto orders of
an extra constitutional authority?
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