Justice Pasayat’s conduct questioned

Justice Arijit Pasayat’s assertion that terrorists have no entitlement to human rights is condemned by human-right-activists.

Golak Bihari Nath of Gatantrik Adhikar Surakha Sangathan and Pramodini Pradhan of People’s Union for Civil Liberties in a Press realease on 14th December have questioned the motive of the former judge of the Supreme Court of India.

We publish here the contents of the Press Release with the hope that Justice Pasayat would explain his position, as his reported remark has serious ramifications.

Here is what the two have said:

The former Supreme Court Judge Justice Arijit Pashayat’s statement that terrorists and notorious criminals should not be given any human rights consideration, as reported in various newspapers, is unacceptable.

It is shocking when a former judge of the Supreme Court carries such an attitude.

His comments are in disagreement with the Universal Declaration of Human Rights to which India is a signatory. The Declaration clearly states that “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence” (Article-11).

Right to a fair and public hearing by an independent and impartial judiciary is also guaranteed by the Constitution of India.

In view of this, the comment of Justice Pasayat that ‘the terrorists and notorious criminals are not entitled to any human rights consideration’ is completely against the accepted values and principles of Indian Constitution as well as the United Nations’ Charter of Human Rights.

What is worrying is when a person with such prejudice about ‘terrorists’ and ‘criminals ’occupied a position in the highest judiciary of the country, what kind of justice would have been delivered to people presumed as ‘terrorists’ and ‘criminals ’by that person.

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