Skip to main content

Why India's higher courts have ignored suo motu cognisance of mass crimes, including 2002 riots?: Teesta Setalvad

By A Representative
In her new book, “Foot Soldiers of the Constitution: A Memoir”, well-known human rights activist wonders as to why India's High Courts and the Supreme Court, who are vested with a unique power of the suo motu jurisdiction, have failed to use it with any communal riots across the country.
In the chapter 'Let Hindus Give Vent' of the book, which was released in January 2017, Setalvad says, the higher courts are vested with this power as part of their “original jurisdiction”, and they can exercise “their inherent powers with regard to the enforcement of fundamental rights.”
Calling suo motu “a powerful phrase in legal parlance that can be used by the Courts to inspire faith and confidence”, Setalvad  says, the Latin phrase means ‘on its own motion’, which is “equivalent to the term sua sponte – when a lofty institution of the government acts on its own cognisance when there is a gross violation of fundamental rights.”
Coming from a family of legal luminaries, Teesta Setalvad is grand-daughter of MC Setalvad (1884-1974), the eminent Indian jurist who became the first and longest serving Attorney General for India (1950–63).
Recalling how under suo motu, the Courts have taken up matters and issues on their own, when they receive a letter of complaint and when they read a media report, Setalvad says, the power of the suo motu was used by the Supreme Court to “query the defacement of the mighty Himalayas”, yet, “When mass crimes against sections of our own population shook the core of the Indian republic, the power of suo motu has not been used.”
This is not just true of the the "2002 pogrom" in Gujarat, Setalvad says, but also “the widely-reported 1983 Nelli massacre, the extensively covered 1984 Delhi riots, the 1989 Hashimpura-Meerut killings (when the bodies of those shot dead were washed upon the shores of the Yamuna, near Delhi), and the 1992-93 Bombay riots”.
Pointing out that the the power of suo motu have also not been used in the case of heinous caste crimes, Setalvad says, she was asked of it byRajah Vemula, the brother of Rohith Vemula, the Dalit student who committed suicide on January 17, 2016 under institutional pressure.
“Rohith Vemula’s family and fellow students filed a case in the Hyderabad High Court against the Vice Chancellor Appa Rao Podile. It languishes in the courts. Despairingly, Rajah Vemula asked me, ‘Can’t the Court intervene with the power of suo motu?’ Ashamed, and forced to answer on behalf of a system that has given us limited redress, I could not reply”, says Setalvad.
Recalling the 2002 riots, which is the main focus of the book, Setalvad says, “The Gujarat High Court did not – on a suo motu basis – take up any matter related to the 2002 violence. Never mind that two judges, one retired and one sitting of that very high court, were physically attacked.”
She recalls, “The Chief Justice of the Court is on record stating that they needed to protect themselves by moving to Muslim majority areas, as he had no faith in the law and order machinery. The letter of Justice AN Divecha, one of the two judges who were attacked, is a public document annexed to the report of the NHRC of 2002. The other judge was Justice MH Kadri.”
“It remains a shameful reminder of the depths to where we had fallen in 2002”, comments Setalvad, adding, “The Investigation records … show that the first attack on a Judge was within a short distance of the Gujarat High Court. It took place on the morning of February 28, 2002. No adequate protection was given to either of the judges, sitting and retired. Both, as it turned out, were Muslims.”

Comments

TRENDING

India's chemical industry: The missing piece of Atmanirbhar Bharat

By N.S. Venkataraman*  Rarely a day passes without the Prime Minister or a cabinet minister speaking about the importance of Atmanirbhar Bharat . The Start-up India scheme is a pillar in promoting this vision, and considerable enthusiasm has been reported in promoting start-up projects across the country. While these developments are positive, Atmanirbhar Bharat does not seem to have made significant progress within the Indian chemical industry . This is a matter of high concern that needs urgent and dispassionate analysis.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Minority rights group writes to Gujarat CEO, flags serious issues in SIR process

By A Representative   The Minority Coordination Committee (MCC) Gujarat has submitted a formal representation to the Chief Electoral Officer (CEO) of Gujarat, Harit Shukla (IAS), highlighting serious irregularities and difficulties faced by voters in the ongoing Special Intensive Revision (SIR) process of the electoral roll. The organisation warned that if corrective measures are not taken urgently, a large number of eligible citizens may be deprived of their voting rights.