At a time when election rhetoric in Gujarat echoed a volatile mix of terrorism and communalism, Chief Justice of India KG Balakrishnan today sought to draw a clear line between the two. And in a direct indictment of Narendra Modi’s BJP government, hit out against the “communalisation of anti-terror laws”.

While delivering the 20th Intelligence Bureau Centenary Endowment Lecture here today, Justice Balakrishnan, to stress his message, quoted from the National Human Rights Commission’s report on the Godhra riots of 2002: “There is no doubt...that there was a comprehensive failure of the state government to control the persistent violation of the rights to life, liberty, equality and dignity of the people of the state. It is essential to heal the wounds and to look to a future of peace and harmony...it remains of fundamental importance that the measures that require to be taken to bring the violators of human rights to book.”

“It is important to prevent communalisation or politicisation of anti-terror laws,” he said, adding that new anti-terror legislation being contemplated by several states “raise serious human rights concern”.

Justice Balakrishnan also expressed concern at various cases of human rights violations being “swept under the carpet” and sought a revamped criminal justice system.

“The fact that legislations such as TADA and POTA were allowed to lapse, or were repealed on grounds of misuse by security agencies stands testimony for the urgent need to envisage and enforce an effective criminal justice system that is capable of dealing with all these issues...The fact that several states have suggested that they will enact new laws similar to POTA raises serious human rights concern,” he said.

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