New Delhi: Chief Justice of India Y.K. Sabharwal has said the country's approach to tackling terrorism was laudable. "India has tried to follow a path wherein the rule of law continues to be the fundamental benchmark, and the basic rights are ensured even to those who are suspected of involvement in terrorist crimes," he said at a recent Indo-British Legal Forum in Edinburgh.

"Terrorism is not a new phenomenon. It is known to have existed, in one form or the other, at several stages in recorded history. It is only that in recent times, it has turned into a critical issue of utmost importance, the issue of the very survival of human civilisation. Terrorism, now it is universally accepted, has cross-border fingerprints."

Mr. Justice Sabharwal said, "India does not subscribe to the radical view in certain quarters that torture should be available in extreme situation of terrorist acts. No civil society would concede such powers of torture (even limited ones) unto the police forces. This would be in total derogation of basic human rights guaranteed not only by the municipal laws but also under international treaty obligations."

Alarmingly high

The scale of terrorist crimes directed against India and her citizens had been alarmingly high. Yet, India responses had been tempered by principles of necessity and proportionality, which were recently used by the House of Lords."

Misreporting

Lord Justice Campbell spoke on the relationship between the judiciary and media.

"The speed with which a piece of misreporting can spread is alarming, and once the damage occurs, little can be done to dislodge the initial version from the mind of the listener or the reader."

Chief Justice of the Madras High Court A.P. Shah, who spoke on `Judges and media inter-relationship,' said, "Trial by media has created a problem because it involves a tug-of-war between two conflicting principles — free press and free trial, in both of which the public are vitally interested."

Trial by the press, electronic media or public agitation was "the very antithesis of the rule of law and could lead to miscarriage of justice."

He said: "The freedom of the press and the independence of the judiciary are two of the most important indices of democracy and it is essential to preserve both. A pliable press and a subservient judiciary are the first steps in the process of extinguishment of democratic rights."

The former Attorney-General, Soli Sorabjee, Solicitor-General of India G.E. Vahanvati, and senior advocates K.K. Venugopal and Mukul Rohatgi also spoke.

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