“It is a big question. How to deal with them? Are we going to apply different laws to deal with them and different set of laws to deal with murderers during riots.” _____________________
(May 26,Dehra Dun, Sri Lanka Guardian) Justice S.B. Sinha, a Judge of Supreme Court of India, has emphasised the need for a debate in the country whether to enact special laws to deal with terrorists or to deal with them with ordinary criminal laws of the country.
Justice Sinha was speaking at the inauguration function of the 5th post graduate diploma course in Human Rights for SAARC countries under the aegis of the Indo-Sri Lanka Human Rights Centre run by the Rural Litigation and Entitlement Kendra (RLEK), here yesterday(May 25).
Justice Sinha said in the light of the recent Jaipur bomb blasts, it had become important to debate whether terrorists need different laws. “It is a big question. How to deal with them? Are we going to apply different laws to deal with them and different set of laws to deal with murderers during riots,” he asked the distinguished gathering of jurists and human rights students.
He said the question had been agitating the minds of the jurists even in the USA and the UK. Justice Sinha said the Supreme Court of the USA in three judgements had stated that the Apex Court had the right to enforce human rights. Referring to the famous case of Hamadan versus Rumsfield, Justice Sinha said the USA Supreme Court ruled that the accused could not be tried by the military tribunal or by special laws other than the criminal law of the country. “In a similar case of equality before law, a UK court has ruled that the state cannot distinguish between its’ own national and that of another country,” he added.
He said the Apex Court in India by creative interpretation of the human rights has expanded the sphere of the human rights. “From interpreting, right to development to socio-economic development and right to the core need of clean water, housing and better hygiene and sanitation of the citizens, the Supreme court has expanded the horizons of the human rights,” he said.
Later, Justice Pradeep Kant of the Allahabad High Court gave a talk on “Human Rights: Origin, Issues and Role of Judiciary,” while Justice Madan B. Lokur of the Delhi High Court gave a talk on “Crime against Humanity and International Criminal Tribunals.” Prof Faizan Mustafa, senior vice-president of the RLEK said the course offered was one of the best and comparable with the best in the world.
Avdhash Kaushal of the RLEK said students from Sri Lanka and Nepal were participating in the course.
- Sri Lanka Guardian
Justice Sinha was speaking at the inauguration function of the 5th post graduate diploma course in Human Rights for SAARC countries under the aegis of the Indo-Sri Lanka Human Rights Centre run by the Rural Litigation and Entitlement Kendra (RLEK), here yesterday(May 25).
Justice Sinha said in the light of the recent Jaipur bomb blasts, it had become important to debate whether terrorists need different laws. “It is a big question. How to deal with them? Are we going to apply different laws to deal with them and different set of laws to deal with murderers during riots,” he asked the distinguished gathering of jurists and human rights students.
He said the question had been agitating the minds of the jurists even in the USA and the UK. Justice Sinha said the Supreme Court of the USA in three judgements had stated that the Apex Court had the right to enforce human rights. Referring to the famous case of Hamadan versus Rumsfield, Justice Sinha said the USA Supreme Court ruled that the accused could not be tried by the military tribunal or by special laws other than the criminal law of the country. “In a similar case of equality before law, a UK court has ruled that the state cannot distinguish between its’ own national and that of another country,” he added.
He said the Apex Court in India by creative interpretation of the human rights has expanded the sphere of the human rights. “From interpreting, right to development to socio-economic development and right to the core need of clean water, housing and better hygiene and sanitation of the citizens, the Supreme court has expanded the horizons of the human rights,” he said.
Later, Justice Pradeep Kant of the Allahabad High Court gave a talk on “Human Rights: Origin, Issues and Role of Judiciary,” while Justice Madan B. Lokur of the Delhi High Court gave a talk on “Crime against Humanity and International Criminal Tribunals.” Prof Faizan Mustafa, senior vice-president of the RLEK said the course offered was one of the best and comparable with the best in the world.
Avdhash Kaushal of the RLEK said students from Sri Lanka and Nepal were participating in the course.
- Sri Lanka Guardian
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