Commentary/Vir Sanghvi

Justice and Kanshi Ram

What do you suppose would happen to you?

Assuming for a moment that you were able to get past the phalanx of security guards and actually land a punch on Kanshi Ram's chin, the immediate response would have been for Kanshi Ram's 'aides' to beat the daylights out of you.

But suppose -- for the purposes of argument, at least -- that there were no security guards around and that Kanshi Ram was alone. In that case, he would certainly have registered a complaint. The police would have arrested you and you would have ended up in jail.

The chances are that you would have been accused of attempted assassination of a VIP, the policemen who were supposed to have been on duty would have been suspended, security cover would have been strengthened for all VIPs and the government would have urged the courts not to give you bail.

It is not my case that you shouldn't have gone to jail. Kanshi Ram is a citizen of India and entitled to the protection guaranteed to all citizens under the Constitution.

My point is simple enough. In this case, it is Kanshi Ram who has committed the assault. Why isn't he in jail?

If the current outbreak of judicial activism has demonstrated anything it is that, in some basic sense at least, we're all equal before the law. Kalpnath Rai and H.K L Bhagat have spent time in jail, so have K L Chugh and Jagdish Sapru. Even Narasimha Rao is fighting for his freedom.

It strikes me as bizarre that with such a mood sweeping the country, Kanshi Ram can get away with an assault on a defenceless citizen. Moreover, the man whose ribs were broken was not just any ordinary citizen, he was a member of the media, supposedly an influential and powerful group in our society.

Even the defence that the incident has been exaggerated out of all proportion is not available to Kanshi Ram. Television cameras captured the assault. There is footage of Kanshi Ram actually punching a man. There are shots of the attack he instigated. All his hireling are there on videotape.

And yet, nothing happens.

The Delhi police behaved shamefully and registered a case of rioting, thereby putting victim and attacker on par. Any fool -- even a station house officer -- can see the videotape and know there was no riot. But if you register a case of rioting rather than assault then you can claim that you have registered a case and still get around having to arrest Kanshi Ram.

The prime minister muttered pointless platitudes and refused to do anything about the attack. Even Home Minister Indrajit Gupta -- a man for whose integrity I have the utmost respect -- has behaved disgracefully. It is nonsense to refer the matter to the Press Council. The issue is not about press ethics. It is about assault.

Given this kind of gutless behaviour by politicians, can anybody blame the public for cheering each time the magistrates put a politico in jail? It is clear that in this case, at least, politicians have decided to look after their own, law and justice be damned.

It is not my position that Kanshi Ram should be locked up without trial -- he is also entitled to his day in court but the police must register a case and effect Kanshi Ram's arrest.

That is how they would have treated anybody else. And that is how they should treat Kanshi Ram.