A Verdict Delivered

What you and I suspected (and perhaps believed) for long has now been confirmed by a court of law. Vikas Yadav and a brother of his have been convicted for the abduction and murder of Nitish Katara. And today’s verdict brings to an end the saga of three high profile murder cases each of which was uniquely different but each of which shared an intangible common thread. The shooting of Jessica Lall, the rape and murder of Priyadarshini Mattoo and the abduction and consequent murder of Nitish Katara – each a crime of a different nature committed by unrelated protagonists; yet each a crime which represented the catharsis of a rapidly changing urban India and which more importantly shook, tested and finally to a certain degree vindicated the faith of the urban middle class in the country’s judicial system. Each case involved a cold blooded crime, each had an accused with powerful police and political links and in each case the process of justice was tried to be subverted through every possible way. In two of them, the defense actually succeeded at the trial stage before the prosecution was redeemed by the Delhi High Court. It is to the credit of Neelam Katara and the prosecution lawyers that Nitish Katara’s case did not suffer the same fate in the trial court. In spite of a six year long trial, repeated witness absences and hostilities, the court managed to pass the only logical verdict possible in the litigation.

Do I seem biased? Had I made my mind even before the trial about the guilt of an accused man? Am I as guilty as the media of pre-judging a case and passing a verdict even before the trial has been completed? Perhaps I am. But consider the Nitish Katara episode – a young man in the prime of his life is murdered on the outskirts of Delhi. His head is split open by being bashed with a heavy object and his body set on fire to avoid identification. Eyewitnesses see him last being escorted out of a social function by two heavily built men. One of them is the goonda and criminal son of a goonda, muscleman and criminal Member of Parliament (all in that order of achievement). The father son due are the acknowledged bahubalis of a Delhi suburb and have a range of criminal cases pending against them. The son is considered the prime suspect by the police. The motive is established when the victim’s mother discloses the intimate letters and cards sent by the accused’s sister to the victim. There is photographic evidence of the two (batch mates from a MBA program) together and the sister post the murder is packed off to the UK for further studies. The big picture – Just because Vikas Yadav did not like Nitish Katara dating his sister, he abducted him along with a couple of like minded goons and killed him in cold blood. The still bigger picture – A Jessica Lall was bumped off by a Manu Sharma, the son of Congress MLA with powerful contacts in the administration and police, in the presence of a page three crowd just because she refused to serve him a drink as the bar at a private party was closing. A Priyadarshini Mattoo was stalked by a fellow law student (son of top ranking cop in Delhi Police) who finally decided to enter her house, rape her and go on to murder her brutally.

The bottom line – In urban India, you can shoot, rape, abduct and kill someone whom you do not like (Vikas Yadav) or whom you do like (Santosh Singh in the Mattoo case) or someone who just annoys you with a refusal (Manu Sharma) at the drop of a hat and then walk away as if nothing happened. You can care two hoots for the law and sit back and relax because your Daddy dearest has contacts in the police who will subvert the investigation for you, he has the money that will allow you to hire expensive defense lawyers who have sold their conscience and morality to money (Ram Jethmalani) and also arrange for your defense to buy out/ threaten prime witnesses who decide to depose against you. And voila! In no time are you back at home declared a free and wrongly condemned man.

Is it any surprise then for you to see where the sympathies of the media and the general public lay in each of these cases? You might argue that for the media it made a David vs. Goliath, the corruption of the lower judiciary, subversion of justice and such other kind of juicy stories. But what of the general public? We were not in it for the stories and we certainly did not wish convictions in each of these cases because we had something to sell. We identified and sympathized with the victims because deep down we realized that it affected us. That instead of Jessica Lall it could have been one of us at that party, that instead of Priyadarshini it could have happened to one of us in our Delhi University days and that instead of Nitish Katara we could find ourselves being butchered by a non-approving brother with his musclemen. In each of these instances, the victims were young middle class educated urban Indians trying to make a life for themselves in an honest way. And in each of these cases, they found themselves slain by those who thought they could get away with anything. Is it any surprise for you then why we sympathize with the Lalls, Mattoos and Kataras of this world?

For if the young and the educated have to seek a future in this country then its courts must guarantee them protection from the wolves like Vikas Yadav who roam our streets with impunity, who drive in their tinted glasses SUVs, run people over under their luxury cars, threaten those around them on the hollow strength of their musclemen and believe that money and power can protect them from anything. The Indian state needs to show these illegitimate sons of illegitimate and corrupt power their true place. And the only way to that is through indiscriminate policing and judicial enforcement of laws.

The natural process of law enforcement requires us to presume a man innocent till he is proved guilty beyond a reasonable doubt. That is the only moral obligation that our courts cast upon us. We are not obliged to feel for them or extend any benefits of doubts to them. If they are found guilty at the end of a fair trial they deserve their dues. And you and I can argue whether they would have got away with their subversive and manipulative tactics in our courts had not their every move been scrutinized by an intrusive, aggressive, perhaps pre-determined but certainly a vigilant media. For once a witness turning hostile or forensic report being fudged gained more prominence than a female actor’s evening gown. For once this aggression made you and me believe that something fishy was going on and we all stood vindicated as the courts delivered their verdicts.
The wheels of justice turned, albeit slowly, but surely. And at the end of it I have only three words for the three convicts who thought their fathers could get them through anything – rot in hell. They may rest assured that Indian prisons would be much worse off than that.

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