The Best Bakery and Jessica Lall court rulings are now being seen in conjunction. It is natural that they would be. Not only did one judgment follow close on the heels of the other, they also provided an interesting study of contrasts. That of the consectaneous deduction that witnesses will gush forth with the truth in a conducive environment.
[Henceforth, BB – Best bakery, and JL – Jessica Lall, for the sake of convenience]
The court ruling in the JL case left everyone despondent. Disenchanted with the system. The ruling in the BB case seemed to underpin the argument about the necessity of witness protection programmes, about botched-up police investigations, about perjury penalisation for hostile winesses, and others. The problem, we are being told over and over again, is with the system. About the law being an ass.
No, not really. The system may have its intrinsic flaws, but blaming everything on the system everytime we have something going against us is all too convenient. That, actually, is the easiest thing to do. It is a tad more difficult to take it (the system) head-on. The imperfection does not lie so much with the system as much as what we make of it. "We" are the system. We cannot go fault-finding with the system all the time.
The BB case was not just about justice being delivered because of witnesses being accorded some degree of protection. It was also a tale of unflinching courage. A story of sticking to one's guns, come what may. It is that of Teesta Setalvad. Being gutsy is one thing. Not losing faith is quite another. Why could Teesta's quest for justice remain unwavering? Because, you can expect justice only when you know that the system can deliver. Deliver justice. You keep at it because deep inside you have to have faith in the system. We are the system; we cannot lose faith in ourselves.
The BB case in itself and the fallout of the JL case reinforce the need for the pursuit of justice being based on reason. On reasonability. A court case is as much a mind game as it is a game of the minds. You have to play your cards well. Your best chances of winning a game of cards is when you pre-empt the other persons' moves. And you play along accordingly. As you would do at a game of chess.
You had a favourable judgment in the BB case because Teesta knew the case inside out. She and her lawyers played their cards well. They knew they were fighting for the right side, but their hearts did not rule their heads. They went about their quest for justice as clinically as a coldblooded killer would. Only, in this case, they were out to nail the killers. And, that they did against an extremely formidable opponent.
On the other hand, Jessica's friends and relatives at some point of time seemed to have lost control over facts and the inept prosecution team played right into the hands of the defence. We all know of the loopholes that allowed Manu Sharma and company to go scot-free. You can have a solid case only when you plug such loopholes.
When you pre-empt what the other side has in its arsenal, you choose your armour accordingly. Obviously the prosecution did not do its homework, and the unfortunate Lalls had to pay the price for the former's gullibility. Why keep blaming the system?
Today we see a glimmer of hope only because the system seems to be working. We have the High Court stepping in. And this court is pretty much part of the same so-called system that we keep abusing all the while. If the next prosecution team screws up again, who are you going to blame? The system, again? How expedient of us.
People seem to be blissfully caught in the Rang de Basanti syndrome. Someone somewhere has had this brilliant brainwave that the Indian Constitution must be to blame. And some are going to celebrate the death of the Indian Constitution. Now, that is carrying things too far. You may not like the articles of and amendments to the Constitution, but celebrating its death is downright sacrilege. Maybe, that's because these are the Rang de Basanti days of pop patriotism. Well, well. Passion rules the game, doesn't it? Where were these freaks when Gujarat was burning? Playing Nero?
Of course, Jessica Lall's death was unfortunate. The acquittal of Manu Sharma and his associates was tragic. But with newspapers and news channels whipping up passion, we stand in the danger of a farce being played out. We see the end of reason. Meanwhile, let's keep blaming the system.
The best lack all conviction, while the worst
Are full of passionate intensity.
