The handling of convicts such as Afzal Guru, Ajmal Kasab, Arif alias Ashfaq – the ugly faces of the attack on parliament, the Mumbai attack and the attack on Red Fort respectively, –symbolise the increasing sense of loss and despair over the judicial delivery system only delivering stillborns to the citizens.

The judicial delivery system has repeatedly come under the siege of black sheep every now and then due the loopholes in our legal system and misuse of constitutional provisions.
September 7 will be a black day in the history of India owing to the horrific dance of terror unleashed on the litigants at the Delhi high court who had lined up outside gate no. 5 to obtain entry passes for themselves. Clearly, it was not the dead or the injured who were the target of the attack, it was the judicial delivery system that was under attack.

In a leading judgment in 2004, the supreme court had observed that

“[T]he lack of hope for justice provides breeding ground for terrorism.”

The face of terrorism seems to have come a full circle since then the ugly face of terrorism is staring down the entire judicial delivery system. How does our system ensure proper delivery of justice to every citizen?

1.    Should the presidential discretion of pardoning a death sentence be burdened with the caveat:

•    to act within reasonable time,
•    to act in a manner that instils confidence in the minds of the citizens on the judicial delivery system, and
•    to exercise such power without looking at the colour, caste, creed, nationality or religion of the accused.

2.    Is there a need for a more rational and clear stand by the government on terrorism, both from within and outside India? What more will it take for parliament to unite in one voice, as it did for Anna, to take a stand against terrorism, by whatever colour or creed – and enact laws against terrorism to sensitise the black sheep of terror to bury their ugly faces or face extinction?

The proceedings relating to Afzal Guru, Ajmal Kasab, Arif alias Asfaq and others in the cases relating the terrorist attacks have increased the loss of trust of the people in the judicial delivery system – let alone any talk of the numerous other blasts and terrorist acts inflicted on the common men, the last two attacks on the Delhi high court included.

If we allow the drift to continue, god will have to run our institutions while black sheep make merry on the street at the cost of common people.

Judicial institutions symbolise the judicial delivery organ of the state as a nation i.e. high courts and supreme court, particularly those located in Delhi, being the national capital. 

The increasing attacks on our institutions and on the judicial delivery system in particular need immediate initiatives on the above issues.

When the courts of law finally convict an accused for a terrorist act despite challenges and difficulties in the system, the proceedings of the courts may get over but the delivery of justice to society/citizens for the wrongs inflicted by such accused would get over only when the sentence is executed.

Parliament also needs to act at this hour without waiting for another Anna protest (i) to enact the proper laws which can act as a lakshman rekha to keep the black sheep away from our shores and (ii) to conduct itself in a manner that does not erode the confidence of people in the judicial delivery system and not allow our country to become a fertile and breeding ground for home grown black sheep.