WHEN THE STORM BLEW AWAY-2

THE JUDGEMENT DAY

Mercury bulbs of the cameras were flashing; microphones were buzzing with glamorous men and women from electronic and print media safe-depositing the sound bytes of legal luminaries into their dicta-phones. Clearly there was divided opinion. Some favored the defendants; while some others were highly critical. There were people amongst the legal luminaries who longed to publically hang the accused; others were equally vocal to allow the accused to be honorably acquitted and be bestowed upon with national awards.

The court room was totally full, packed to the utmost capacity. It was crowded with the big names of print and electronic media along with lawyers in their black aprons who were the most wanted commodity by the media. Anybody and every body in the legal profession was having potshot on the case. It was a unique case where the men who saved the integrity of the nation by risking their own lives were charged with the murder of those who threatened the nationhood. Charged emotions on both sides of the fence aroused interest of the common man, too.

Amit Kushwaha was totally confused. This was his first independent assignment as a journalist after he had graduated from Indian Institute of Mass Communication (IIMC), New Delhi. He had been strictly instructed by his boss to go for the facts and truth—no emotional frills. He didn’t know what was the truth—whom to believe. While his conscience cried for the blood of those who carry out cold blooded murders; his brain argued as to how come the 'security forces or the men of the law enforcing agencies' be dubbed as murderers when the nation itself bestows upon them “THE RIGHT TO KILL, IF NATIONAL SECURITY IS THREATENED”. “What is the dividing line? Is it overlapping or very subtle and thin?” he put these questions to self.

Amit worked for DNN (Delhi News Network). His immediate boss was Rajesh Rathore, a doyen of news makers, who had earned a name for his unbiased and truthful reporting. He always looked beyond the facial expressions of people in front of the camera. He anchors, every Sunday at prime time, a very popular TV show on DNN, called “Spine Less Wonders of India”. In this programme, he highlights the ills of Indian Democracy and its shallow claims of self-greatness. He had once stated that the people, who had been born in India in the immediate aftermath of Independence, say between 1947 to 1960, abound in SLAVE MENTALITY and were no good to lead India. In fact, he continues to emphatically state todate that generations born in the two decades of FIFTIES & SIXTIES are “Confused Generations” and they lack not only in self discipline but also moral integrity, consequently accounting for all the ills of modern India. National Interests to them are like tissue papers to be used for personal advancement or for votes. He had, in his inner circles, often known to have quoted a CIA representative in PAKISTAN in early eighties, who had made very funny remarks about Indians to Brigadier Yusuf Mohammed (retired) of Pakistan Army. According to Brigadier Yusuf Mohammed, as quoted in his book, “Bear Trap”, the CIA representative, when questioned by him (Yusuf) as to how Indians were supplying arms for the MUJAHIDEENS in AFGHANISTAN because Indian Government was, then, supporting Russians and Afghan Governments in the Eighties, had stated:

“-------Indians are bast***s, they can sell their mother for money.”
Rajesh Rathore was a great critic of political leaders and the mess they had made of the Indian Democracy. He was equally scathing on his own breed, too. He opined that most of the media men worked for vested interests. He thought that bulk of them were committed to their benefactors and lobbied for them. He always cautioned people on the PLANTED STORIES both in the print and electronic media. Rahesh held a view that all those sting operations on corruption and flesh trades were actually aimed at trapping the persons to later blackmail them. He invariably cited examples on various media disclosures of sex scandals and corruptions, where there was no follow –up action and the issues died natural death. He highlighted the importance of follow-up action to pin down the culprits and wrong-doers. In this case, he often quoted the Yamini Lal Murder case, which was kept alive by the active media and all attempts to bludgeon it into silence were foiled. He was, therefore, a great advocate of media’s power to build strong and a vibrant India by supporting Indian National interests at all costs and nothing else.
Therefore at times, he too, would compromise his journalistic ethos if it conflicted with national interests. He would impose restrictions upon himself when he found a portion of the truth could endanger national security. People, often criticized him for this. He cared too hoots for such criticism. He used to dismiss criticism by saying, “I know my duty. I do not need lessons on TRUTH from the Gods of FALSEHOOD.” On innumerable occasions, Rajesh had cautioned his new disciple, Amit Kushwaha, “ Do not go by what people talk in front of camera. As a society, we are hypocrites. In public, we would preach moralities; in private, we would flaunt them. There are no exceptions to this. Look beyond the obvious. But, remember the golden principle of NATIONAL INTEGRITY that the truth ought to be told in MEASURED TONES when it affects the national interests. Americans do it--they did it in both the GULF WARS--CNN gave the pictures of the wars to the outside world what the AMERICANS wanted the world to know. Britain did it during the second world war--it had broken the GERMAN SECRET CODE and it had known about impending JAPANESE attack on PEARL HARBOUR. Had they cautioned the Americans, the PERAL HARBOUR tragedy could have been avoided but USA would not have joined war on behalf of the allid forces? Even our scriptures sanctify the manipulation and orchestration of the real TRUTH for a BIGGER national cause. Lord KRISHANA along with YUDHISTERA had resorted to a bit of ORCHESTRATION of real truth when informing DRONACHARYA about the alleged death of his son ASWATHAMA.”

In the case of his current assignment, Amit was desperately trying to emulate the teachings of his mentor and guide. He had to do a good job of this because first impression was the last impression. But, more he immersed himself in the case, more he was grounded—unable to take off in any direction. In a state of utmost confusion, he spotted Sh Pritam Khullar of “The Tribune” –a Chandigarh based daily newspaper of North India. Pritam Khullar was a leading light of this Daily and he was known for his incisive analysis of such cases. Fortunately for Amit, he was known to his father and he was a frequent visitor to their home. Pritam and Amit’s father had served together in the army in their young days. Their friendship flourished since then. He had seen Pritam uncle and his dad getting involved in heated arguments over the deteriorating state of the officer class of the army. His dad will often chid Pritam, “ what do you expect when good fellows like you run away from the field like cowards, the downslide has to take place.” Pritam uncle would invariably retort, “ We had left some good fellows like you behind to look after the fort but what can we do if you become spineless wonders and YES MEN of the SELF SEEKERS.” At this, his mother, would invariably intervene to change the topic or give the final call for dinner. Notwithstanding their shouting bouts, their friendship never tasted mutual bitterness or animosity.

As soon as Amit saw his Pritam Uncle outside the court room, he almost shouted “Eureka” in euphoria. He rushed to him and explained his dilemma. Pritam Khullar curtly told him, “ Didn’t IIMC teach you the finer points of journalism? Well! in army they say before you fire to kill, get your weapon caliberated and get requisite ammunution to load. It is the judgement day. Let the judge pronounce his verdict. Wait for it. What is the hurry.” Amit could not agree more. Yes, it was the judgement day.

Amit had known the incident had taken place when he was just a college student. He had only superficial idea of the case. It was more than three years now when it was to be concluded. But the media had been carrying out the trial since the closing year of the last decade of second millenium. All these years media had taken upon itself the role of a ‘Trial-court’; ‘prosecution’ and the ‘defence’, all combined in one. Thus,media had many versions of its judgement—it was written in the ink of the side it represented. In short, media had its cake and it ate it too. “Now let us wait for the legal verdict. Why run around ? the judge will be in the court any time”, Amit counseled himself. And sure, the frantic hustle-bustle in the court-room suggested that the Trial Judge had come into the court room.


His lordship, Shri Shashank Sen Gupta occupied his chair exactly at 10A.M. He cursorily looked at the accused. Five members of the erstwhile MISSILE SQUAD—the CATS—of Punjab Police stood in total silence in the accused box, blankly staring at his lordship. They were convinced that they had committed no crime. They were made victim of a political drama whose script they did not understand. They vouched for their selfless devotion to duty and invaluable service towards resolving a problem in Punjab which had cancerous manifestations. They were bitter with so called Human-rights organisations and civil rights enthusiasts. In fact, during the trial, Mr Sanatan kumar Singh, Superintendent of police (SP) in charge of operations of Bhatinda district in Punjab, the prime accused in the case, had submitted an affidavit to the learned judge. In the said affidavit, he had raised questions on the motives and intentions of these so called civil right and human right organisations. In a lengthy statement, he had questioned their sources of funds and their lavish life-styles. He had asserted that in the name of being a NGO(Non-government Organisation) with social objectives, they were actually money-making organisations with ulterior motives of the foreign institutes who fund them. To quote a most cited para:-

“------My Lordship, where were the POACHERS when civil rights and human dignity of the general public were trampled under the feet by the likes of gun-toting BASHIR KHAN and his hoodlums? Where were these Ladies and gentlemen of human rights when Bashir Khan and his gang pulled out 30 men, women and children from a bus near Bhucho Mandi and gunned them down in a cold blood. I did not see the great exponents of civil liberties and human rights, Madam Varuna Raut and Shiksha Rajawad , to come and shed tears for those seven innocent children between the age group of one to five. Why don’t they register cases and provide evidence against the likes of Bashir Khan for such heinous crimes? Their motives are suspect. They can only voice against those who respect law. They will not do anything to assist law in providing evidence against known criminals. To them, human rights violations is a one way street-------------.”

No doubts, Mr Sanatan kumar had vigorously questioned the motives of “PEOPLE’s ORGANISATION AGAINST CIVIL and HUMAN RIGHTS EMBELLISHMENTS by a REPRESSIVE STATE” or POACHERS for short. He had articulated his plea that they have been falsely implicated in a murder case where as it was a plain and simple ENCOUNTER between terrorists and his MISSILE SQUAD. He had forcefully stated that the terrorist and his wife were killed in a fire-fight which ensued when the CATS raided their hideout. It is incidental that CATS suffered very minor casualities. It was and must be the measure of their trining, efficiency and motivation. Just because there was no death amongst the CATS , the shoot-out can not be termed as fake . He had vehmently asked the court IF IT WERE MANDATORY FOR THE SECURITY FORCES TO SUFFER FATAL CASUALITIES WHILE INDULGING IN A FIRE FIGHT WITH TERRORISTS ? He was apprehensive of the real motives of the POACHERS and its head, Mrs Varuna Raut, who was internationally renowned for her book, “The Land of Silly Gods”.

It was a fact that Sanatan and his men were booked on a case filed by Shiksha Rajawad on behalf of POACHERS. Shiksha was not only a friend of Varuna but a renowned criminal lawyer of Kolkotta. She had been trained by another great name in legal circles, Mr. Sham Jootewala, who boasted of getting people acquitted from the sure shot death sentence. His legal acumen was unmatched. Shiksha was her very able disciple. She alongwith Varuna made a great team of POACHERS who allegedly helped out the underprivileged and the poor. Security forces dealing with militancy and terrorism from North East to J&k and Punjab, were engaged in number of legal cases by them for violations of human rights.

Sanatan’s affidavit to the trial judge had started a moral, ethical,legal, political and social debate amongst the intellectuals all over India. Intelligentia willingly and vigorously participated in this debate . And why not? They were the conscience keeper of the biggest democracy in the world. Sitting in the convention halls of FIVE STAR HOTELS or the air conditioned studios of major news channels they had lambasted or glamorised SANATAN KUMAR and his accomplices. Speaking with immaculate accent and dead-sure assertion they would claim to represent the common man of India. But did they really know the pulse of the common man in India? Perhaps not; may be ‘Yes’. Leaving aside the people of Punjab, people in other states barely knew the details of the case. Yet the news channels would demonstrate through their repetitive play of same video clip, as if the whole nation had been galvanised. Facts spoke otherwise.

A rickshaw –puller in New Delhi, when questioned by Miss Jasmine Bhalla of Sahara Samay news channel had responded, “ What is this case? I have no idea. Watching TV ? Who has the money to buy this gadget? What? Reading a news paper? Why should I be plying a Rickshaw madam, if I could read and write? Also, who has the time to follow this time-wasting pastime? To buy a TV or a News paper I must have money. I do not have , so I can not indulge in these luxuries. Let those who have the money, waste it on these frivolous issues. We don’t care—really don’t care, Madam.”

A college student in Chennai, Tamil Nadu, when confronted by Mr. Ram Moorthy of THE HINDU newspaper had asked back, “ Yes, what is the case, I know nothing”. Ram Moorthy explained to hin certain facts . The Student, Mr. Tk Kanan, then responded, “ Oh! I see. But why are you so peeved at these policemen? What do you expect the police to do? As you have said these terrorists had killed some 30 innocent children,women and men in a cold blood shoot out , why is it not being investigated by these POACHERS? Weren’t they murderers at large? What about the human rights of those 30 people? You said there was no evidence but for the boasting claim made by the terrorist organisation, to which Bashir khan and his wife belonged. Did the couple ever refute this allegation? Do you think any criminal will leave any evidence for the law enforcers to get them convicted? Why should the Punjab police persons go to KOLKOTTA to raid their hideout? Did they have personal enmity? Operation must have been planned at highest level as two states were involved. Why only target these five people? Why not all those who have tasked the security forces to tackle militancy, terrorism and insurgency? Do you think these five people dreamt of the anti-national activities of this couple? There ought to be some information on their activities. How come a fugitive from law in Punjab was living a comfortable life in KOLKOTTA? I am not convinced by this fuss by your so called POACHERS?”

A school teacher in Assam had told Mr. Dipankar Roy of “THE EASTERN CLARION” Daily from Jorhat that lmedia must leave it to the court to decide. He said to Roy, “ Why are you wasting your time? Does it have any value? How would my opinion influence this case? Should the criminal or terrorist cases be decided by voting by the public? If media and public has to decide cases like this, then why waste money on courts? I am afraid media is unnecessarily trying to influence the judge of the trial court by cluttering his mind with orchestrated public opinion. You are adulterating the justice by influencing the mind of the judge. Such mind adulteration is not good for the legal landscape of the nation. Media trials must stop for justice to prevail.”

The best comments had come from a college girl at TARNTARAN in Punjab. In a quisitive response to Gurvinder Thukral’s query , Manjit kaur had reacted, “ Did you ever rape your sister?” Gurvinder Thukral, a reputed journalist, working for Chandigarh based Daily, "THE TRIBUNE" ,was shocked and immoblised to hear such a response to his simple question by a brash young girl. Nonplussed and agonised, Gurvinder had replied to Manjit, “ Miss! Your question is not only irrelevant but also unthinkable.” This had further infuriated the young lass and she had exploded, “ What did you say? It was unthinkable? Kindly tell me what was thinkable? Was it thinkable to learn that the Prime Minister of India had allegedly accepted a suitcase full of cash as bribe? They say it was Rs One Crore. Was it thinkable for a serving minister at the Centre to be raided by the CBI in his home town in Himachal Pradesh and come out with a bounty of Rs 3.5 crores? Did you ever think that an honourable serving judge of the Supreme court could be accused of having misappropriated government funds while serving chief justice of a High Court? Could you ever think that a Session Judge would have links with the underworld in Mumbai? Could you ever imagine warrants of arrest issued against DIG/IG/ ADGP and DGP of police for corruption? Sir, this is India in the year 2000 AD. Please imagine what you could not even visualise in your wildest dreams. Kindly do not dismiss it as a trash from a young college lass. It is people of your generation who sing songs on false moralities. It is your generations who are responsible for the sorry state of affairs India is in. It is your generation which produce BASHIR KHAN and SANATAN KUMAR SINGH. There is no difference between the two. Both of them have raped their CONSCIENCE; one for riches and money, the other for glamour, honour and awards. And you people—the media men—are painting them as HEROES and VILLAINS—depending on what your own inclinations, perceptions and preferences are. The fact is both are evil in its most lethal form.” Gurvinder Thukral was shaken and stunned. His 20 years in journalism were reduced to zero by an angry young girl from a remote town in Punjab. He really resnted that day of having asked this question on the case from this young girl.

To Gurvinder Thukral there was a food for thought. A question rang in his mind: was the media, both electronic and print, really responsible for creating “HEROES” and “VILLIANS”? He pondered over this time and again—mulled over the questions many a times and then said to himself, “ Yes! How true this young Lass was!!” Thereafter, Gurvinder had written a big article ventilating these sentiments. In the concluding part of the article, Gurvinder had said, “ ------------Some one ought to listen to these young people. But the question that begs my mind is: ‘WHO is this person?' I have no answer.” Amit kushwaha had read this piece by Gurvinder Thukral and he was quite impressed with his plain speaking. He was now busy recollecting in his mind the fine points he had raised. He was oblivious of the fact that the judge had already entered the court room.

---------To be continued in Part 3"THE CONFUSED GENERATIONS"