People's Democracy

1984 ANTI-SIKH RIOTS

 Justice Must Be Delivered

Nilotpal Basu In Rajya Sabha

I think there are issues on which all us of have to look at ourselves, introspect and try and see how we can avoid that eventuality. I say this, with a great sense of regret and emotion, because I think collectively all of us have displayed the singular failure of the Indian nation to deal with the gory incidents of 1984 in the sense that 21 years on and after having nine commissions, we have failed in delivering justice.

I think delivery of justice – a sense of fairness collectively by the nation – is the major strength that a mature democracy has to display. I think, therefore, while we analyse what is there in the Nanavati Commission Report, what are the omissions and commissions of the government, more than that perhaps concentrating on how not to repeat such mistakes is very important because there is a great saying that those who tend to forget history are condemned to repeat it. I think that approach in this debate would be much more relevant.     

I think many of us here were present on that fateful day which triggered the process, which led to the formation of the Nanavati Commission. I think from that very day, at least, it was clear to me that it was not intended to really deliver justice to those people who have been victims and the circumstances made it apparent that the Nanavati Commission was not intended to bring to book the guilty or to deliver justice to those who are still knocking at the doors of law for justice. Therefore, we are not really surprised with what the Nanavati Commission has produced because it was not intended to produce that background on the basis of which successful prosecution can take place. It has lived up to the expectations of those who created the Nanavati Commission. We reject major part of the Nanvati Commission Report because it has not only not taken forward some of the recommendations of the past; it has actually turned the clock back.

What we feel is that the government has taken certain steps in clearing some of the air about implementing the recommendations of the Nanavati Commission Report. We are talking in terms of healing an entire nation, a very important community which has played a glorious role in the history of our freedom struggle and thereafter, in the building up of New India. It is a question of providing a deliberate healing touch to them. Therefore, names have to be taken of those who have been indicted. The minister has resigned but precisely in what manner the government would like to deal with the case of Jagdish Tytler, the erstwhile minister. It will have to be spelt out by the home minister. How to deal with the issue of Sajjan Kumar who is the member of the other House?

This will be the strength of the government, that the government is equal to none in dealing with the immediate issue of overcoming the challenge and the failure that we have suffered in the past of not being able to deliver justice from that constructive point because, the issue here is: why did it happen? I accept, the Commission has said that some sections of the Congress party were involved. But is it spontaneous? If we accept that, then, we will also have to accept the theory of action and reaction propounded by Newton and most infamously repeated by some of the members in some other context. I think, therefore, as a modern nation, as a plural democracy, we cannot accept that logic that these were spontaneous reactions, there was an element of organisation. But the issue is, how to really uproot from the very ground that processes which led to such organised response, howsoever, a tragic event maybe. That is a challenge and I think, therefore, the question is what will be our position, vis-à-vis the politics on communalism; vis-à-vis the politics of hate; vis-à-vis the politics of division. As a nation, as a government, as a modern State, what will be our resistance of evolving and fine-tuning our democratic institutions so that there can be a real secularism, strengthening and reinforcing the very fabric of our national unity.

How do we, as a modern nation, as a polity, face that challenge unitedly? I think that is the heart of the debate today after what had happened. I think, it is very, very important to deal with culprits who had committed this kind of gory crimes. I think, the government should tell us how they would deal with the cases which were dropped and how the government is going to, actually, rebuild those cases. We know, at times of such tragedies, people have a fear to go to police stations, particularly if the perpetrators of the crime are mighty and powerful. We have to ensure and reassure the people who have been victimised that we get information and it is very important that not only we are fair but also appear to be fair. Next, the question of Gujarat is coming. I am not saying this really to score a political point. This very question will come up. The Supreme Court has made some observations about the Naroda Patia case. How to deal with this? If we deal with the Nanavati Commission and its aftermath in a partisan manner, can we deal with what happened in Gujarat in a fair manner? If we cannot do that, can we stand up, as a modern nation, as a great democracy in South Asia? These are very important questions. We are a multi-religious society. Our unity is in our diversity.