The Hindu : 'Think it possible you may be mistaken'

Online edition of India's National Newspaper
Monday, May 06, 2002

Opinion

Opinion - News Analysis

'Think it possible you may be mistaken'

By Fali S. Nariman

It is now 65 days since the carnage commenced and though it is hurtful to say so, the continual and senseless killings have only served as grist to the mill of political parties: unless we get news from Gujarat of a killing everyday, as unfortunately we still do, it appears that the rhetoric will not subside. I would say to all politicians: Give it up. Let us all give up all hate and acrimony. Recalling Godse or Hitler may make headlines - but it only fosters greater hatred, more acrimony — and the social divide becomes wider.

Let us remember instead the wise words of Nanaji Deshmukh: he made a most inspiring suggestion during his brief intervention last week in the Rajya Sabha debate. His was the greatest single contribution to the way forward. He implored the Prime Minister (who was present at that time) to go together with Sonia Gandhi to Gujarat — only then (he said) would people bury their differences — "only then will peace be restored.'' And why? Simply because as the Bhagwad Gita says: "whatever great men do the people do likewise, whatever standard they set the people will follow.'' Besides, Nanaji was harkening to what Gandhiji himself did when he turned his back on Partition in 1947 and went instead with Suhrawardy, the die-hard Muslim leaguer, to Calcutta and Noakali, — relieving pain and anguish in those cities and saving thousands of lives.

We who are not in Government (nor in the Opposition) do have a right to ask those in governance — "what have you done to relieve this pain and anguish in Gujarat''?

Regrettably, very little. A great American Judge once said about the Supreme Court in which he sat, that "the thing we do best here is not doing'': which is what has characterised the Centre's attitude to Gujarat for many weeks — Simply Not Doing: leaving it to the Chief Minister to do his bit and patting him on the back for it.

All appeals to the Government from its adversaries — as well as from its allies and friends during the past week — had fallen on deaf ears. Like Mr. Molotov in the early days of the U.N., (his favourite word was Nyet) the repetitive response of Government had been No-No. No, no, to everything suggested: until some persons with courage resigned — or threatened to.

That is the only way to change the present attitude of the present Government: for more good men and women in whatever capacity they may serve, to leave this leaky, listing Ship of State in which we the people are compelled to sail in! Important people in public life, which of course includes Ministers on the Treasury Benches, travel so often by plane that they simply cannot forget "the fasten-seat-belt-sign'' which is a permanent feature on all flights. What most of them have forgotten is that you can and sometimes must unfasten your seat belt — as my friend, the former Minister for Coal and Mines did only the other day: this should be an object lesson to a large number of people both inside and outside Government. Seats of power are very adhesive and people tend to stick to them, at all costs — but these are people of whom it will be said (not today because we never wish to displease those in authority — but later on) that when they were weighed in the balance, they were found wanting!

When Lord Denning, England's most distinguished judge, was getting on in years, and had delivered a most controversial judgment, his wife told him it was time to quit. He was then over eighty but he would not listen. He said "I have all the Christian virtues except resignation''! He was compelled by the Lord Chancellor to resign a year later.

The Home Minister of course is not going to resign, but there is something he too can do — if he has the will. On April 24 when answering a question about Gujarat and giving some statistics, the Home Minister said in response to my query that the Gujarat Government having already appointed a Commission of Inquiry with a retired High Court Judge, the Central Government could not appoint a commission of inquiry with wide-ranging powers presided over by a Supreme Court Judge: which was the specific recommendation of a Constitutional body, the Minorities Commission.

The Hon'ble Minister must know that the question of setting up a Commission of Inquiry with a sitting Supreme Court Judge with wide-ranging powers of investigation and additional powers of awarding relief would go a long way towards restoring confidence in the minority community. This is not a federal question, much less a legal question: it is a matter capable of easy resolution. It does not require consultation with Constitutional Lawyers. It requires the will and a practical approach. The practical approach, is for the Home Minister to pick up the telephone and tell the Chief Minister that the Central Government wishes to respect the views of the Minorities Commission and request him to withdraw his prior Notification appointing the K.G. Shah Commission, which from all accounts has not even started functioning, and then promptly issue the Notification of the Central Government as recommended by the Minorities Commission. It is unlikely that Mr. Modi will not honour the wishes of the Home Minister at the Centre.

Like individuals in positions of influence, a government in a position of power, cannot always be right: it is the arrogance that accompanies power that leads them to think so. In a letter written by Oliver Cromwell, to the General Assembly of the Church of Scotland way back in 1650, that devout Christian exhorted his Churchmen: "In the bowels of Christ, I beseech you — think it possible that you may be mistaken.''

With all the audio-visual, oral and documentary evidence compiled in reports of official Commissions and of groups of NGOs, it is time that the Government of the day realised that in its assessment of the situation in Gujarat it may well "may be mistaken.''

(The writer is a Senior Advocate of the Supreme Court)

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