NT NETWORK
MARGAO
Eminent criminal lawyer Ujjwal Nikam, who helped prosecute suspects involved in the 1993 Bombay bombings and 2008 Mumbai attack, called the judiciary as a final ray of hope making a case therefore for it to be independent.
Speaking at the inaugural of an event at Govind Ramnath Kare College of Law, Nikam recalled the behind the scenes of the trials of Yakub Memon in the 1993 Bombay bombings and Ajmal Kasab in the 2008 terrorist attack, highlighting the importance of respecting human rights in countering terrorism.
“The onerous duty is on the judges also to give this dignity and image in the eye of the public. Open controversy among judges should be stopped and media should also restrain themselves because judiciary is the final ray of hope for the common man and that is the reason why the judiciary must be independent,” he said.
Describing the case of Kasab, who was given two advocates to defend him, Nikam said it was an important decision where the accused was also given the opportunity to defend himself. He added that communication is an important aspect in the art of judiciary. Respecting human rights is important to combat terrorism, he said, adding, if human rights were not respected, there would be anarchy.
He cited the case of Kulbhushan Jadhav, who was arrested in Pakistan on suspected charges of terrorism and spying for Indian intelligence agency and was denied consular access. The International Court of Justice noted this human right violation and intervened in his death penalty with the final hearing expected in the next couple days, he said.
Nikam also urged young advocates to cultivate a mind of how to interrogate suspects and understand the consequences of their questioning and to take each trial as unique as each had their own, “footing, hurdles and
facets.”
He also said terrorism did not have a definition but in today’s world, terrorism was a proxy war that was aimed at destabilising the economy and finance of a country, adding, it was an international problem that had caused damage to many countries, all the while calling for maintaining the human rights of the accused.