Author: Times News Network
Publication: The Times of India
Date: July 13, 2006
Less than a fortnight ago, Chief Justice Y
K Sabharwal had noted the spiraling terrorist strikes against the country
and said the international community could not fault India if it chose to
enact tough measures to deal with the menace.
After Tuesday's mayhem, starting in Srinagar
and ending on rush-hour local trains in Mumbai, the remarks, made at the Indo-British
Legal Forum meet at Edinburgh, ring prophetic.
Justice Sabharwal, presenting a paper on 'Meeting
the Challenges of Terrorism - Indian Model', said the scale of terrorist crimes
against India and its citizens have been alarmingly high and the declared
objectives of terrorist groups pose grave challenges to the country's security.
"Since the terrorist acts tend to create
a state of emergency threatening the defence of India, no one would be able
to fault India if it were to invoke the discretion for derogation from international
treaty obligations to take tougher measures," he said.
But he added a rider. After every major terrorist
strike, the outrage felt by the public evoking a strong desire to seek revenge
might sound genuine, he said. "But the urge has to be curbed lest the
government should become a source of terror to all its citizens and creates
a country where everyone lives in fear," he added.
He recounted how the apex court had introduced
checks and balances in the draconian Tada to its misuse.
He was, however, of them firm belief that
the state has an obligation to give a sense of security to its citizen and
must do everything for the general protection of society as well as national
security.
