Traducement, Vilification, Calumny and Defamation are the words of the same genre. These all mean the communication of a false statement that harms the reputation of a person, group, product, business, religion or nation. Some common law jurisdictions also distinguish between spoken defamation, called slander, and defamation in other media such as printed words or images, called libel. ‘False Light laws’ protect against statements which are not technically false but misleading. A person who defames another may be called a “defamer”, “famacide”, “libeler” or “slanderer”.
The case under study here is the so called ‘Biryani Demand’ by the enemy of the nation Ajmal Kasab. He was involved in the most heinous crime against the nation and humanity. The due course of law took care of him and he met his fate. The horrific chapter of his life is closed. If I say that he behaved like a BEAST than it would be an insult of a beast. Animals never act like that.
The tragedy is that he was a human being. Being a human being he had certain rights when he was alive. To concoct a lie against a prisoner is an example of drawing a long bow, a silly officious activity that has no justification. A public prosecutor is a responsible officer who is an authority bound to uphold the Indian Constitution and Constitutional rights. Did the Indian Constitution allow him to make Kasab what he was obviously not – a connoisseur of Biryani. It is food that was developed in Moghul Courts. It has an indelible tinge of Muslim Cuisine. According to John Dayal, Mr. Nikam, in the process, communalized the biryani as well.
It was factually unethical in the first place when Ujjwal Nikam, the public prosecutor in the 26/11 Mumbai terror-attack case lied. He did no favor to the nation. His excuse that he lied to break an emotional atmosphere which was taking shape in favour of Kasab during the trial of the case fails to standards of Fair Trial. “Kasab never demanded biryani and was never served by the government. I concocted it just” Nikam told reporters on the sidelines of international conference on counter terrorism in Jaipur.
Like all evils that society has to deal, TERRORISM is one of the extremist cut. However, terrorism is a product of human folly and human politics in engaged to find the solution of the bane.
According to The Times of India Nikam made the following comments in detail:
“Media was minutely observing his body language and he was well aware of it. One day, in the court room, he bowed his head and wiped his eyes. Moments later, electronic media broke the news – tears in Kasab’s eyes. It was Rakshabandhan that day, and panel discussions were started in the media on it. Some guessed Kasab got emotional in memory of his sister and some even went on to question whether he was a terrorist or not. This kind of emotional wave and atmosphere was needed to [be] stopped. So, after that, I gave a statement to the media saying Kasab has demanded mutton biryani in the jail.”
The hallmark of Democracy is Fair Trial. No one would have ever raised the scruple if Kassab were killed in the shoot-out. Was there no choice of summary execution?
Public memory is not so frail and chronicles could be dusted off from Shakti Mills rape trial. It is on record that Nikam had tried to establish the false notion that the rape survivor wanted to hit the accused with her chappal!
A question of more than million dollars is – Should Nikam not be penalised for this flagrant lie that puts the country’s justice system in poor light?
By: Naim Naqvi