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26/11 Trial, Media and Capital Punishment


The 26/11 trial is barely over. People are patient. But the media isn't.

The shrill voice of news readers wants punishment to be delivered in the manner of 24X7 reporting. While waiting for the judgment, hysteria is being orchestrated more or less demanding a time table to hang the only 26/11 terrorist captured alive.

At the final stage of the trial, while the arguments are being heard on the punishment for those found guilty, an unseemly ‘debate’ is being carried on almost non stop in some of the TV channels. This borders on baying for blood, almost equating justice to revenge.

Debate on death penalty is relevant. In a very large number of democracies it is not on the statues.

But, in the present debate anyone who takes a moral position against capital punishment is almost made to look unpatriotic.

The discussion is not about leniency to a particular criminal. It is not on showing mercy or a lesser punishment.

Debate is not whether this particular criminal deserves capital punishment. It is for the court to decide on the quantum of punishment. Surely, not on public demand! Not by SMS polls!

And, it is certainly not right for the media to attempt influencing the judiciary - directly or indirectly.

Discussion is about capital punishment itself, in absolute terms: whether it should be there in the statutes at all. It is not about patriotism.

It is commendable that India, without dithering, tried the terrorist under the normal judicial process and brought the trial to a successful conclusion, at great cost. In contrast, USA finds it difficult to adequately deal with the terrorists within its judicial system.

There is no justification to whip up emotions while the Honorable Court is about to pronounce the verdict.

It will be a grave mistake to incite the public into thinking that executions must be carried out in the shortest possible time and preferably, it would appear, within days after the trial court gives the verdict. This is not how a sound justice system is supposed to work.

Once we accepted that a normal trial will be conducted and the due process of law will be allowed to take its course, we must have the trust and patience to allow that to run its full course.

The media must stop baying for blood and get back to the task of reporting and informing, seriously. That is surely more challenging and useful than orchestrating calibrated melodrama in an emotional news room.

PS:

Perhaps, it makes sense to keep the young terrorist to be condemned for a life in prison. Capital punishment may turn out to be the spurious martyrdom that the terrorist longs for. A quick and violent death is the easy way out: to escape from facing the reality of misdeeds and its personal consequences.

Note

According to Amnesty International, more than two-thirds of the countries of the world have abolished the death penalty in law or in practice. While 58 countries retained the death penalty in 2009, most did not use it. [http://www.amnesty.org/en/death-penalty]

Many countries, such as Mexico, Canada and most European nations, will not allow extradition if there is likelihood of death penalty for the suspect… [http://en.wikipedia.org/wiki/Extradition]

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