In a clear departure from the view taken by Chief Justice of India K G Balakrishnan on the checks and balances needed to tackle terrorism, a senior judge of the Supreme Court today strongly deplored “how human rights activists carry out protests and hold dharnas, if rights of terror suspects are violated.”

“We speak of upholding human rights. What we are worried is violation of the rights of terrorists, the people who kill innocent people with AK-47 and AK-56 on streets,” said Justice Arijit Pasayat. “He (a terrorist) is not fit to be called a human. He’s an animal so what is required is animal rights.”

Justice Pasayat, No 3 in the court by seniority, added: “Since he (terrorist) destroys the very basis of the citizen in this country...they have to be treated like terrorist and not like ordinary criminals.”

He was speaking on “Investigation and Prosecution of Offences relating to Terrorism” at a seminar organized here by the Indian Law Institute.

Barely a month ago, Chief Justice Balakrishnan, at a meeting of international jurists, had strongly underlined the need to “ preserve the rule of law” while dealing with terrorism. “Adherence to the Constitutional principle of ‘substantive due process’ is an essential part of our collective response to terrorism,” he had said. Adding that “we must be careful not to trample upon constitutional principles such as ‘substantive due process’. This guarantee was read into the conception of ‘personal liberty’ under Article 21 of the Constitution of India by our Supreme Court.”

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