What are the challenges in ensuring justice and fair investigation in communal violence cases like the Malegaon blasts?

Ensuring justice and fair investigation in communal violence cases such as the Malegaon blasts is a complex task in India. These cases often involve deep-rooted social, political, and religious sensitivities, which can impact the investigation process and the delivery of justice. The following are some key challenges faced:

• Political Interference: Investigations in communal cases can be influenced by political interests. Governments may use investigative agencies to target or protect certain groups, leading to biased outcomes.
• Media Trials and Public Perception: Sensational media coverage can create narratives that affect public opinion and put pressure on investigators and the judiciary, sometimes leading to hasty conclusions or wrongful accusations.
• Communal Polarization: Deep communal divisions in society can result in witnesses being reluctant to testify, or giving biased testimonies, out of fear or loyalty to their community.
• Witness Protection: Lack of robust witness protection mechanisms makes it difficult for witnesses to come forward, impacting the quality of evidence and the prosecution’s case.
• Forensic and Technical Limitations: Inadequate forensic infrastructure and improper handling of evidence can compromise the investigation, especially in high-profile cases where technical proof is crucial.
• Delayed Justice: Prolonged investigations and judicial delays can result in justice being denied or diluted, affecting the credibility of the process and increasing the suffering of victims.
• Changing Investigation Agencies: Frequent transfers of cases between different agencies (local police, ATS, CBI, NIA) can lead to loss of continuity, conflicting findings, and further confusion.
• Allegations of Torture and Coercion: There are often claims that accused persons are coerced or tortured to confess, especially in high-pressure cases, which undermines the fairness of the investigation.
• Selective Prosecution: Sometimes, only members of a particular community are targeted, while others involved are ignored, leading to perceptions of injustice and further communal tension.
• Lack of Accountability: Investigators and officials involved in wrongful arrests or botched investigations are rarely held accountable, which perpetuates impunity and erodes trust in the system.