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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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