[Reader-list] fwd:An Open Letter to Hon'ble Prime Minister

A.K. Malik akmalik45 at yahoo.com
Thu Sep 10 11:11:36 IST 2009

Hi Rakesh,
              There seems to be a little misunderstanding in what I wrote and what you interpreted.I never said that Afzal "was not attacked and Modi was", I used the word Parliament attackee deliberately so as not to invite unnecessary posts from persons who get worried as soon as a muslim name appears somewhere.
2. I think we are not above the knowledge level of Supreme Court judges. It is very strange that you write that facts on which the charge sheet was based were of dubious nature and still the Supreme Court decided to punish the accused and gave a decision to hang him.The review petition, to the best of my knowledge, was also dismissed by the SC.If people do not have faith in the highest court of the country just because the accused happens to be a muslim,   even more reasoning will not change this perception. I have been closely associated with the working of the judiciary and do not find any fault with the SC. The court never acts on perceptions, but on facts of the case and for the same facts of the case, the judges do differ. Whether right or wrong, the SC gives a finality to the cases and we have to respect the judgements.Fair criticism can always be made.
If I say it bluntly, even a paanwalla says during cricket matches" Saale Tendulalkar ko wo shot nahin maarna chahiye tha, bweqoofi ki usne aur hara diya India ko" .So a paanwalla knows more cricket than Tendulkar.So people like you and me know laws better than the experienced SC judges who have put their lives in interpreting the laws.You would be listening to similar comments about teachers by the students.I agree nobody is divine on this earth and anyone including judges can err, but my feeling is erring collectively would be very rare.
3.Even on judges' assests, I have different views than yours. Have you seen persecution of Chief Justice Sabharwal whose son had a shop in a Mall and it was alleged that he gave judgment on illegal constructions in Delhi to benefit his son? What a shameless accusation? There will be no dearth of such accusations once the assets are declared by the judges.
Nothing personal pl. I still admire your views.


--- On Wed, 9/9/09, Rakesh Iyer <rakesh.rnbdj at gmail.com> wrote:

> From: Rakesh Iyer <rakesh.rnbdj at gmail.com>
> Subject: Re: [Reader-list] fwd:An Open Letter to Hon'ble Prime Minister
> To: "A.K. Malik" <akmalik45 at yahoo.com>
> Cc: "Murali V" <murali.chalam at gmail.com>, "Sarai List" <reader-list at sarai.net>
> Date: Wednesday, September 9, 2009, 11:05 PM
> Dear Malik jee
> You have raised the issue of Afzal being not attacked
> whereas Modi being attacked. The fact is that according to
> the chargesheet which the Delhi police used, along with
> their investigation to prove that Afzal and others are
> guilty, the facts suggested are of such a dubious nature,
> that right from the Civil Court (lowest strata) to the
> Supreme Court (highest strata), the Delhi police got a
> reprimand for not conducting investigations properly. If you
> don't believe me, read the judgement. 
> What's ironic then is that the SC declared that to
> satisfy the collective conscience of society, Afzal must be
> hanged. What is strange is that Afzal has never said he was
> not guilty, but he hasn't accepted all accusations
> against him. Moreover, he was a spy working for the Kashmir
> police, where he was beaten to shreds. How many would know
> that?
> How come a judgement based on a dubious chargesheet be
> acceptable to rational human beings? Which is why I said
> that Modi should not be glorified or villified. Similarly,
> even Afzal is being glorified or vilified, which is not what
> we should do. If the facts on the ground state that Afzal
> has not done the crime or not to the extent of deserving the
> death sentence, he shouldn't have got it. 
> Which is why I feel the case needs to be re-investigated
> and re-trialled, as quickly as possible. And if still the
> court finds him guilty based on legally rational principles
> and facts, then hang him on 13th December. Don't wait
> then
> And the SC is not God that it hasn't made mistakes in
> the past. The SC has time and again allowed the Sardar
> Sarovar dam to be built, even when again and again it has
> been proved that the dam will never achieve its objectives.
> Now you can find out for yourself what are the results of
> this dam. Even Gujarati ministers concede Narmada water
> won't reach Kutch, which was one of the principal
> objectives of the project. All at the cost of displacing
> tribals. 
> Look even in the judges' assets declaration bill. The
> SC judges have accepted it after so much resistance. Why? 
> Regards
> Rakesh


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