Contrary to public image of terrorists as brutal and fierce persons, they are the most coward persons, Justice (retired) P D Kode said here on Tuesday. Justice Kode, who retired as a judge of the Bombay High Court a few days ago, conducted the historic 1993 Mumbai bomb blasts trial, known as the longest trial in the country. There were over 100 accused in the case, including actor Sanjay Dutt, and the Memon family. Fugitive gangster Dawood Ibrahim is the prime accused in the case.
13 powerful blasts had ripped through Mumbai on March 12, 1993, killing 257 persons and injuring over 1400. Justice (retired) Kode, who presided over the designated TADA court, had sentenced 12 of the accused to death penalty in the trial that went on for more than a decade.
"Terrorists are in reality, cowards. The perception about them is that they are fierce. But generally, terror crimes are committed by trying to hide the identity of the offenders," Justice (retired) Kode said here on Tuesday. he was speaking at a media interaction at the Mumbai Press Club on 'terror, trial and media'.
Recalling the 1993 blasts case, he said that it was a very "severe case because RDX was used for the first time."
"We are fortunate that it hasn't been used thereafter," he said. Asked about his opinion on death sentence in the country, he said it was a debatable issue worldwide. "But till there is a legal provision, it will have to be given by the courts in eligible cases," he said.
Misuse of confessions in terror cases?
Explaining why confessions recorded by senior police officials under certain conditions were admissible as evidence in the TADA (Terrorist and Disruptive Activities (Prevention) Act) cases, he said that the possibility of getting evidence with the help of eye-witnesses was much lesser in such cases.
But he also emphasised on judicial discretion and said the confessions have to be corroborated with other relevant facts by the presiding judges. Asked if the provision for allowing confessions as admissible evidence led to targetting of the innocents, he hinted that it was the presiding judge's responsibility to not let that happen.
"At least 12 confessions were rejected by me in the 1993 blasts case, because they created doubt. In terror cases, it is difficult to gather evidence. But the confessions have to be taken by following the special provisions in the act," he said while answering a question. He said it was the judge's responsibility to ensure that the police officials had followed the special provisions regarding confessions.
'Judges unaffected by media trial'
Justice (retired) Kode was asked if the media trial affects the judges, especially in important and high-profile cases, but he denied it. "No judges get affected by media trial. The judges are bound by legal provisions. They do not have the freedom to have individual views. They are bound by law," he said. He denied any knowledge of judicial corruption, especially among the judges. "I don't even know if there are any 'manageable judges'. I don't know of any such judges around me. In my 14 years as a judge and give years as an advocate and a government pleader, I have never come across such persons in Maharashtra," he said.
When asked about low conviction rate in the country, he said the participation of society and individuals in the trial is important for convictions. "If you have seen something, you must have the guts to come to the court and tell the truth," he said adding that the judges can do nothing if the witnesses do not turn up or become hostile.
He lauded the media's efforts in highlighting the violations of human rights. He said that he did not have any occasion to prohibit the media from reporting on the TADA cases, as the journalists did fair and honest reporting on the 1993 trial.
