The National Investigation Agency special court in Lucknow, while delivering its judgment in the Chandan Gupta murder case, raised questions about the role of various non-governmental organisations involved in the case.
Pronouncing the verdict, Justice Vivekanand Sharan Tripathi wondered what interest NGOs based in India and abroad have in cases such as this and termed it an ‘unwanted interference’ in the judicial process. One of the NGOs named in the order is ‘Rihai Manch’, which fights for the release of those who have been unfairly incarcerated.
Rajeev Yadav, general secretary of the Rihai Manch said that the body had only gone to Kasganj on a fact-finding mission and had met with representatives from both communities. “Not just an NGO, any public-spirited citizen can also do that”, he said.
On January 26, 2018, a tiranga yatra in Kasganj was met by a group of protesters at the Government Inter College. Chandan Gupta, a 20-year-old, was one among those who opposed this blockage. The altercation turned violent and Gupta was shot. After this, violence erupted in Kasganj and over 100 arrests were made.
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In his judgment, the Justice has pointed out that providing legal counsel to the accused is a state duty and questioned why NGOs must take it upon themselves to represent such accused. The Justice also observed that if such an accused is let off because of the legal help provided by the NGO, his loyalty is towards the NGO and against the state. However, when the accused is let off because of the court-appointed counsel then his faith in the Indian judiciary and the Constitution is strengthened.
The judgment names a number of NGOs. While those such as the People’s Union for Civil Liberties are based in India, others such as Indian American Muslim Council and South Asia Solidarity Group are based out of the country. The Justice has suggested that it must be inquired where such NGOs get their funding from and what their objectives are.
