Unprecedented judgment by Indian Court Martial in Dibrugarh

The judgment against fake encounters is fatally questioning the inner mechanism of the government by requesting for a different approach to the chronicle violence in the area.

by Our Foreign Affairs Editor-Oct 18, 2018

Oct 18, 2018

(October 18, 2018, Colombo, Sri Lanka Guardian) A military court in Dibrugarh, one of the remote areas in Assam in India finally enlightened the world by stepping towards Justice through a long road ahead. Seven army men including one high ranking officer were sentenced to life in prison for fake encounters in which they brutally killed innocents, more than twenty years ago. This may seem to be ‘something is better than nothing’. But, as the accepted saying goes, justice delayed is justice denied.

An “encounter” is a term much politicized and distorted in the context of managing law and order on any land to provide common security to the public. India’s North-East, as well as Indian controlled part of Kashmir, is a live example for using this tragic tool against a fellow human. True, that it is no different in Pakistan controlled part of Kashmir and Balochistan too.

Human life has thus become much cheaper than the animals living in that space. No one seems to be living without fear of insecurity and uncertainty. Hope has been replaced with hopelessness while dreaming for a better future is nothing but howling at the moon with an empty stomach. The state mechanism to implement responsibilities vested upon state agencies are nothing but a façade. Social fear is inevitable throughout the day.

In this context, the judgment by the Court Martial in Dibrugarh is very important and memorable. This could be a result of the greater realization by these state agencies about the grave crimes committed against the innocents under the disguise of national security and territorial integrity.

This judgment is the beginning of the restoring of dignity and credibility of the state apparatus itself which kept on wounding the innocent hearts and minds of ordinary citizens. In one incident, caring ladies took off everything to protest before the Army headquarters in the state to express their anger against brutal sexual assault and killing of an innocent female. Disciplining the army was always questionable.

But, the judgment by the Court Martial in Dibrugarh shows the different and constructive approach by replacing the traditional destructive and desperate motivation to this social phenomenon. Now, we hope, “disguise of patriotism” with a tank of crocodile tears, will not come forward in the form of Armed forces and strike on those who delivered true justice against criminals in uniform.

In his well informed and articulated essay, A.G. Noorani, one of the best writers on judiciary, came up with a detailed account by analyzing the real threats vested upon the rule of law by this so-called, “encounter” trick which is nothing more than a despicable failure to restore peace and ensure public safety in the area. His well-balanced essay published in the latest version of the Frontline, biweekly publication by Hindu group, days before the recent judgment from the military court in Dibrugarh was announced.

We must congratulate the judges and those who as military officers stood up for justice. Through their ground experiences in last few decades the good military might have realized that the “encounter” is nothing but a fake justification to eliminate some of the outspoken elements living in what has been named as “risky areas”.

Apparently, from Manipur to Nagaland is getting a bitter taste damaging the cloak of humanity by exemplifying the brutality of the Military that caged human liberty.

True, no one with true senses can justify or stand for those violent activities by armed rebellions. But the armed resistance in many communities is the result of a series of root causes due to the deprivation and discrimination in social, political and economic terms. Despite addressing the root causes but attempting to eliminate the symptoms is nothing but a motivation to deceive.

This is why we have to hail the judgment by the Military Court in Dibrugarh as an eye-opener.

Like other places on the planet, thousands of alleged extrajudicial killings reported in North-East India alone, require the authentic criminal investigative procedure to follow if the government is serious in restoring justice.

Minnesota protocol on the Investigation of Potentially Unlawful Death (2016) confirms the importance of investigation on unlawful deaths for reparation. No doubt, Minnesota protocol and Istanbul protocol are spinal cord of restoring justice. These are essential principles produced as a result of commitments to follow if anyone is serious about restoring justice against crimes committed.

Not only the narration of most of civil societies’ but also well documented independent academic researches over and over again have suggested the inadequacy of addressing the root causes of socio-political-economic problems driving mayhem in North-East India. This has been escalating when the responsible parties are intimidating the forensic criminal investigation in judicial process. The bottom line is people’s resistance and silent protest cannot be eliminated by killing the innocents and undermining the power of their fundamental rights.

The judgment against fake encounters is fatally questioning the inner mechanism of the government by requesting for a different approach to the chronicle violence in the area.