What we have against the Muslims arrested by the State Police and against the Hindus under investigation by the Central agencies is a series of allegations, insinuations and conjectures, but no legal evidence which will stand scrutiny in a court of law.
We have had the intriguing spectacle of the NIA not opposing bail applications from the nine Muslims originally arrested by the Maharashtra ATS, but at the same timerefraining from ordering a closure of the investigation against them by submitting a Final Report in the case. The FR would have ended the investigation once and for all unless some fresh evidence was found, warranting a re-opening of the investigation.The Muslims released on bail would have been deemed innocent—neither accused nor suspects. By not opposing bail to them and at the same time, by not submitting a Final Report in the case, the NIA has kept them under the status of no longer accused, but still suspects. This doesn’t re-establish their honour in the eyes of the society.
By politicising and communalising the investigation process, the Government will be further vitiating the relationship between the two communities and paving the way for more acts of terrorism in future.
In the case of the Hindus arrested in connection with some cases of reprisal terrorism, the facts and circumstances are exactly the same as in the case of the nine Muslims arrested in connection with the Malegaon 2006 blasts—-that is, apart from the retracted confession of Swami Assemanand, there is hardly any circumstantial and forensic evidence against them. And yet they have been treated as suspects as well as accused. The mitigatory yardstick followed in the case of the Muslims has not been followed in the case of the Hindu suspects, one of whom is a religious lady. In the eyes of the Government of India, it is all right to be harsh with the Hindus, but not with the Muslims. Deplorable double standards adopted in the case of the two communities.
The result of the blatantly differential handling of Muslims and Hindus in the application of the same laws of criminal procedure would be to add to their anger against each other and against the Government. We will be playing into the hands of the jihadi terrorists and their Pakistani sponsors by aggravating the polarisation between the two communities and facilitating the Pakistani objective of creating a wedge between them.
The differential handling brings out clearly the political calculations of the Government in view of next year’s elections in Uttar Pradesh. Increasing the Muslim vote bank even at the risk of losing some Hindu votes has become the driving force of the investigation process. Seven of the Muslims will be out today and rejoin their families, but the Hindus will continue to languish in custody till the UP elections are over.
This is not the way to fight any terrorism—jihadi or Hindu reprisal. By politicising and communalising the investigation process, the Government will be further vitiating the relationship between the two communities and paving the way for more acts of terrorism in future.
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