Rule of Men/Rule of Law

Birdi has been arrested and booked under Section 302 of the R.P C along with others for committing murder of Zahid, an innocent boy. Scores of killings of innocent persons were allegedly committed by Security Forces in the last two decades in Jammu & Kashmir. It is generally perceived that these cases were not even investigated.

I think Zahids case is only the second case where investigation took place. The first being that of Mr. Jaleel Andrabi. Though that case was investigated because of the intervention by the High Court, yet the accused was not brought by the Government before the Court to face trial.. Zahid's case thus assumes significance in view of the fact that the Chief Minister was not only able to register a case against a high ranking official, but was also able to place him before the law.

Birdi may or may not be guilty. However, it appears that there is prima facie evidence against him. It is the cardinal principle of law that if there is prima facie evidence against a person, he must face trial. None of the Chief Ministers have been able to pursue this Principle so far.

Omar therefore needs to be congratulated and his efforts lauded by one and all. Mr Abdullah should however remember that the bringing the accused to law should not not depend on a Mufti or an Abdullah but on the system. Action must not depend upon a person but on a system established under law.A Chief Minister should not be driven to force the Central Government to take Action every time such an unfortunate incident takes place . The action must be inherent in the system.

Omar is well advised to devise a mechanism where all, who are prima facie guilty are brought before the courts. I wish the persons who man the system remember that what is expected of them is that they will ensure that the system functions in accordance with the Rule of law. We are governed not by men but by the Rule of Law.