A STITCH IN TIME SAVES NINE: LESSON FROM THE JUDGMENT IN KANDHAMAL

RIOT CASE

"Recently in Orissa, a sitting MLA Manoj Pradhan has been sentenced by the phulbani fast track
court to seven years in jail for involvement in rioting and arson. Manoj Pradhan has been elected
as MLA from G Udaygiri assembly constituency as a BJP candidate. This Kandhamal case
carries much more importance than Ruchika and Jessica Lal and all such cases because these
are the crimes that are related with individuals while a riot is one which the general public has to
face and suffer. Thus a judgment in one of the crimes related with riots has a much higher
relevance and impetus to the masses and has much more message to convey. In such
circumstances, if the crimes related with riots (religious, political, caste-based etc) are not decided
in a swift manner, it gives a very bad message to the society and acts as a huge bolster to the
other rioters."

29th June 2010 must be considered an important day in the history of Indian judicial system. Not
that some new law was promulgated on that day nor was any new judicial body set up. There was
not even a major judicial structural change as well. Yet, what happened that day is something that
would go a long way in restoring our faith in Indian socio-political structure. At the same time, it
would help redeem the respect of Indian populace for our judicial system.

It is on this date that in Kandhamal district Orissa, an important judgment was delivered that went
on to sentence the powerful local politician and MLA from an important political party in matters
related with communal riots. What is even more heartening is that the judgment was delivered by
a fast-track court within a span of 2 years of the incidence. Manoj Pradhan, the convicted was an
influential leader of Kandhamal and a sitting MLA who happened to be close to Swami
Laxmanananda Saraswati.

It was in August 2008 that the murder of an important Hindu religious leader Swami
Laxmanananda Saraswati and four of his aides had triggered a massive and highly damaging riot
which went on for months (which has been alleged by many as being a result of the deliberate
laxity on the government’s part). The end result was what always happens in every riotous
situation - the poor and the have-nots bore the brunt of the attack. While thousands of Christians
were forced to leave their houses, the heat was equally felt by the poor Hindu tribal communities.
It is alleged that Manoj Pradhan played a major role in instigating the riots and led it from the front,
taking part in arson, murder and other heinous offences during the riots. Pradhan later got
arrested and subsequently got his bail.

Meanwhile the matter came for trial before the Fast Track Court in Kandhamal district. Nearly two
dozen cases were registered in different police stations in that period. In fact 17 cases were
registered against Manoj Pradhan himself. So far decisions in 12 cases related to him have come
and he has been absolved in 11 of them. In the latest judgment he has been found guilty along
with Pafulla Mallik and 14 others on charges of rioting, causing grievous hurt by dangerous
weapons and arson. They have been given 7 years of rigorous imprisonment each. Thus five
cases are still pending before him.

The judgment has been received by different people in different ways. There is a group that says
that the punishment has been too less and lenient considering the heinous nature of the crime.
They would have been satisfied if the maximum prescribed punishment were imposed on the
accused. The other group has an exactly opposite view and openly claim that Manoj Pradhan was
falsely implicated in the matter and he is completely innocent. They say that an appeal will be
made in the Orissa High Court which shall help bring forth the truth. There are also the sufferers
and the poor people who are too frightened to articulate any opinion in any way and for whom the
only thing that matters is that such things don’t repeat again.
For a person like me and you, it would neither be prudent nor legal to comment on the judgment
per se and give our own opinion as it’s still in the judicial process. But one thing that really gives
me immense satisfaction is the fact that justice (whether as acquittals or as convictions) is being
delivered in these cases in a relatively fast manner, that too considering the fact that this is a
highly contentious, political and religiously charged and emotive issue. “Justice delayed is justice
denied” they say, but due to so many reasons this is exactly what is happening in our country in
many cases. Look at the SPS Rathode case in Haryana. In incidence took place in 1990 and the
judgment was delivered in 2010. What meanings do such judgments have for all the concerned
parties? Many a times the accused and the victim are dead and gone, at other times they are too
old, helpless or weak as to suffer or rejoice the verdict. In short, it becomes a mere mockery and
some kind of ritual. I recently read of a judgment related with Shibu Soren, the ex-Chief Minister of
Jharkhand who was found not guilty in a murder case of late 1970s. So after more than 30 years it
is found that Shibu Soren had not caused that murder. What relevance do such judgements have
in the eyes of the public, for the accused, for the victims, for the prosecution and even for the
Judge who is delivering it?

What even pains more is that even Judiciary seems to have got affected by the Media bug or the
Media pressure. An apt example would again be the same Ruchika case, where after 19 years, 40
adjournments, and more than 400 hearings, the court finally pronounced Rathore guilty under
Section 354 IPC (molestation) and sentenced him to six months imprisonment and a fine of Rs
1,000. But the moment there was a huge uproar across the Nation, another Court could deliver the
judgment in less than 6 months sentencing him to one and a half years of rigorous imprisonment.

But to me, the Kandhamal case carries much more importance than Ruchika and Jessica Lal and
all such cases because these are the crimes that are related with individuals while a riot is one
which the general public has to face and suffer. Thus a judgment in one of the crimes related with
riots has a much higher relevance and impetus to the masses and has much more message to
convey. In such circumstances, if the crimes related with riots (religious, political, caste-based
etc) are not decided in a swift manner, it gives a very bad message to the society and acts as a
huge bolster to the other rioters. If there is not enough evidence against a person, leave him/her
for good. Otherwise convict the person to the equitable punishment that seems to be deserving.
But to choose a middle path (which Lord Buddha would never have advocated) of lingering the
matter for years is nothing but akin to becoming a party to the crime itself. If the Delhi riot of
1984, the Ayodhya events of 1992 or the Gujarat riots of 1992 are still pending in Courts with no
near chances of their getting decided (either way), don’t they also act as potential precursors of
future riots, giving such criminal mindsets an example to emulate and follow?

I sincerely believe that judgments in all such riot related matters must be delivered in a timely
manner and swift (and correct) decisions must be arrived at in the minimum possible time, even at
the cost of some criticism here and there (which any judicial pronouncement is bound to face
anyway, because of vested interests and varying perspectives).

(Author is an IPS officer and the President of IRDS, Lucknow)