Supreme Court

Bhushan, you must listen to this story: Arundhati you pay heed

(This is a reprint from NewsBred).

There was once a mighty kingdom. The King gave his two princes a few years to prove their worth. The first one had only the good of people on mind. He would go on rounds, look at smallest of issues. He also created opportunities for masses. Those with will could reach sky.

The other prince didn’t think much of masses. He felt they were fools. He could win some over with favours. He could use iron fist on others. He made sure the ageing king heard nothing of his machinations. He spent lavishly to control the Ministry of Propaganda.

Somehow, every year, when king wanted his people to come and secretly vote on the princes, the overwhelming majority went with the good prince. The devious prince could only secure a minority. With each passing day, the good prince grew in esteem. The devious prince began losing ground with his father.

The devious one now didn’t have numbers. His gifts and bribes in the Ministry of Propaganda also didn’t bear fruit. Neither people nor propaganda were on his side. He now thought of something novel. He would flood the good prince with wild allegations. If he could hoodwink the Ministry of Truth, the King would have no choice but to give him the throne. People believed the Truth. King dare not go against him if the Truth was by his side.

But the devious prince failed. Ministry of Truth was noble. It always saw through his game. All the issues he raised were thrown out of the window. The devious prince was now fighting for his existence. So he sharpened his knives against the Truth. He would hurt them, insult them, abuse them. His poisoned chalice was Propaganda. It could show the Truth on the wrong.

One fine day, Truth felt he has had enough. He hauled the Propaganda in open court. After all, the Truth had the power to summon anyone, including the king. Truth found Propaganda guilty of slanderous transgressions. He asked Propaganda to apologize. Propaganda won’t do it. If he did, people would know he was lying all along.

But Truth won’t budge: You apologize or we punish you. Propaganda still defied. He said all the right homilies—my freedom, my conscience, my integrity, my voice. Propaganda of course was bluffing. He thought Truth would succumb to his noise. Masses would love him as a holy sage. If Truth punished him, Propaganda thought, the masses would hate Truth. And what is Truth if nobody loves him?

Truth now brought out the velvet glove which hid his iron hand. He asked Propaganda to pay just Rs 1 and go scot free. Or face a three-year imprisonment and three-year banishment out of his chambers. Propaganda realized his game was up. If he didn’t pay even Rs 1, the masses would think he is a mean, vindictive entity. If he did, he had accepted his crime. He would be shown the charlatan that he is. He lost either way.

xxx

It’s easy for you readers to identity Ministry of Truth and Ministry of Propaganda in today’s context. The first one is Supreme Court. The other one is Prashant Bhushan who in the guise of morality is just a tool in the hand of a devious prince. The devious prince of course is Left-Liberal gang. The good prince is masses’ darling which in India’s context is Narendra Modi.

All these weeks of grandstanding, projecting himself as another Mahatma Gandhi, failed. Bhushan has fallen flat on his face.  He was found guilty, served a monetary punishment and he paid up to avoid imprisonment. His “conscience” was worth only one rupee. The masses would only have “contempt” for him now.

For too long, Supreme Court has been hauled through the coals by this gang. They would ascribe motives, bring sexual misconduct charges against the Honourables and even move impeachment motion against them. They would prod the minority to defy the body which upholds the Constitution of the country. Supreme Court was shown to be sharing the bed with the rulers–the essence of Bhushan’s “contempt” tweets.

Supreme Court has now drawn a line in the sand. It’s an arbiter of Truth and won’t be swayed by mob at its door. Bhushan would serve as an example to others, such as Arundhati Roy and Yogendra Yadav. Kapil Sibal anyway is on the mend. The enormity of this moment shouldn’t be lost on us. Judiciary won’t be browbeaten and could hold Propaganda by the throat. The next step is to stop millions of Petitions which chokes it. And for god’s sake, don’t beg to Shaheen Bagh next time.

 

 

 

 

 

As Bhushan worries on sentence, Lutyens Media gets into overdrive to stop it

(This is a reprint from NewsBred).

For SC, two tweets a bid to shake key pillar of democracy”. This is the headline Indian Express has given on Supreme Court holding senior lawyer Prashant Bhushan “guilty” of contempt of court. There is little doubt many in the country would hold a similar opinion. Come on, maan, It isn’t such a big deal.

I have a feeling that many who consider the Supreme Court’s pronouncement as overbearing, if not regressive, don’t recollect the exact tweets which has messed up Prashant Bhushan today, possibly for next six months.

So, let’s get the two “offensive” tweets out of the way first.

In the first tweet, an image of Chief Justice of India, SA Bobde is posted, sitting on a motorcycle. The tweet reads:

“CJI rides a Rs 50 lakh motorcycle belonging to a BJP leader at Raj Bhavan, Nagpur, without a mask or helmet when he keeps the SC in lockdown mode denying citizens their fundamental right to access justice.”

In the second tweet, Bhushan pens:

“When historians in future look back at the last 6 years to see how democracy has been destroyed in India even without a formal Emergency, they will particularly mark the role of the Supreme Court in this destruction & more particularly the role of the last 4 CJIs.”

Both these tweets were posted this year. Both have subsequently been deleted. But you can trust our good old Yogendra Yadav, a wolf in sheep’s clothing to his detractors, keeping them safe for posterity. So, here it is.

Before we look at the two sides of the argument, let’s get the insinuation by Indian Express—“Just two tweets” out of the way.

Tweets of 280 words are actually too many to shake the pillars of society. Three words, uttered to a Muslim woman not long ago, had put millions into a hostage mode for over seven decades. Karl Marx said “Workers of the world unite” and since tens of millions have lost lives to this utopian dream. Galileo Galilei muttered Eppur si muove (Yes, it moves) under his breath when he was forced to recant his belief that it’s the earth which moves around the sun.  Yudhishtir told Guru Dronacharya during the Mahabharat that Ashwasthama is killed, but added almost silently “naro va kunjuru” (whether a man or an elephant). If you are a Hindu, you would believe “dharma” prevailed that day over “adharma”.  If Muslims were not giving a war cry of “Allahu Akbar”, the history of the mankind would’ve been different.

I have rarely seen any newspaper go to this length to report the moment. After all, Bhushan is just a lawyer, howsoever in public eye.  Beginning as lead, the story runs for nearly 1500 words. Then there is a lead editorial in disapproval over the Supreme Court’s ruling.  And, of course, there is Faizan Mustafa, “from the Indian Express panel of specialists” giving his gyaan on the matter, dominating Page 17 of the Delhi edition.

If I was an individual who was object of this derision in Bhushan’s tweets, I would find it insinuating that (a) I am shown hand in gloves with the BJP—riding a motorcycle of a BJP leader in Raj Bhavan”. Clearly two narrative are being pushed here: One, Raj Bhavan in Maharashtra is presently occupied by a BJP Governor; (2) The bike belongs to a BJP leader; and thus Bobde is comfortable enough in the environment to astride it.

The second tweet is a frontal attack. It says that in the last six years, democracy has been destroyed in India and the Supreme Court has played a key role in its destruction.

These are not just two tweets. These are two DAMNING tweets. Besides accusations, these are factually wrong too, as Supreme Court elaborated in its judgement on Thursday, in response to Bhushan’s assertion that SC in a lockdown mode was denying citizens their fundamental right to access justice.  Said SC:

“From 23.3.2020 to 4.8.2020, various benches of the Court have been sitting regularly and discharging their duties through video conferencing. The total number of sittings that the various benches had from 23.3.2020 to 4.8.2020 is 879. During this period, the Court has heart 12748 matters…

“…(Bhushan) has made such a scandalous and malicious statement having himself availed the right of an access to justice during the said period, not only as a lawyer but also as a litigant.”

The thrust of Supreme Court’s view was that such wanton conduct could lower the image and credibility of judiciary in the eyes of the common man for whom Courts alone are a mechanism where he could get justice.

Over the next few days, expect the pressure on judiciary to mount on this matter. The apex court is to announce the quantum of Bhushan’s punishment on August 20.  You would see a concerted campaign to ensure that Prashant Bhushan gets off lightly for his crime. If he gets the maximum of six months of jail, it would send the chill down the spine of those who are in the business of targeting judiciary regularly. It would thin the ranks of axe-wielders on judicial banyan tree. It would upset the entire agenda of a certain set.

We all would see whether the Supreme Court makes an example out of Prashant Bhushan or lets him go lightly, coerced by the media pressure.  Just scan your newspapers closely for next few days. I promise you a lot of fun.

 

Indian Muslims, next time you hold aloft anti-CAA banner, remember this for your own good

(This is a reprint from NewsBred).

I guess there is little avoiding the anti-CAA protests once Corona pandemic goes as unannounced as it came in 2020.

A Shaheen Bagh here, a state assembly in ferment there, Jamia and JNU on boil, Cars and buses in leaping flames, narrowed eyes looking for that saffron or skullcap which could comfort or disorient in equal measure.

One morning, European Union is making front page in Muzaffarnagar. The other dawn would acquaint Ferozabad how human rights warriors in the august US Congress are brothers in spirit. Someday Turkey’s strongman Recep Tayyip Erdogan would talk of “massacres of Muslims in India.” The other would’ve Organisation of Islamic Cooperation (OIC) warning of “serious implications” if India doesn’t look after its Muslims.

And there would always be an Imran Khan, Asaduddin Owaisi, Sitaram Yechury or a Rahul Gandhi who would recall Godse in prime minister Narendra Modi, their bloodied hearts in front of camera an act worthy of Oscars.

Such solidarity aligns a Muslim from Kashmir to Kuwait, Moradabad to Morocco, Shahjahanpur to Saudi Arabia, Lucknow to Lebanon, Hyderabad to Hamedan. Islam binds them; a pact of faith and piety; a soldiering spirit which revisits the pages of history and underlines how Jihad never loses.

It stops them from recoiling when illustrators are gunned down in Paris on seeing a cartoon in Prophet Muhammad; a Salman Rushdie driven to the end of the world on Satanic Verses. Islam pervades the world, overrides governments, the rod of God which spares no one.

But what happens to this global brotherhood when a million Muslims are locked up, their women sterilized, their children snatched from parents and made strangers to Islam in their growing years. What explains the silence of 57 Islamic nations which make up OIC, or EUs and US Congress, the Erdogans and Mahatirs and Imran Khans; the Owaisis and Yechuris who are a Muslim-Left global pact in miniature. Why in this case MuslimLivesDon’tMatter?

I of course am referring to China and its repression of Uighur Muslims in its Xinjiang province which is one of history’s most evil, heinous, barbaric pogrom a State has carried on its citizens ever. For over a decade, the Uighurs are being kept in suffocating controls, their neighbourhood infested with the influx of Han Chinese and their religion and culture systematically wiped out.

Internal Chinese government documents leaked in late 2019 have revealed that such is the fate of a million Muslims detained without charges or legal access; and 11 million Muslims outside who are made to renounce Islam, learn Mandarin and sing the virtues of Communism. Satellite imagery show that these detention camps are roughly the size of 140 soccer fields.

It goes without saying that if even a millionth of this was to happen in India, the nation would go deaf by noise at home and abroad. It could even be kept hungry or wounded by economic and military actions. Yet not a word comes China’s way by way of criticism on its Uighar pogrom. Not those champions of Islam who sit in Riyadh and Tehran. Who are the Iraq and Egypt of our world. The Islamic State (IS) who are torching the European capitals. Muslim lives suddenly don’t matter to them. Moolah over Mullah zips their lips courtesy the riches which flow through the Belt and Road Initiative (BRI) by the totalitarian China.

The hypocrisy of these champions would become stark to Indian Muslim in coming weeks. It so happens that on Monday, two Uighur exiles groups have gone to International Criminal Court (ICC) to investigate Beijing’s genocide and crimes against humanity.

This is first-ever global attempt to hold China accountable for its merciless crackdown on Muslim minority of Xinjiang. A team of London-based lawyers are representing East Turkistan Government in Exile and the East Turkistan National Awakening Movement. Since China is not a signatory of ICC, these activists have opted for a roundabout way to bring China to heels.

In 2018, ICC had censored Myanmar, even though the latter wasn’t its member, by citing the instance of its member-state Bangladesh who was reeling due to Myanmar’s “deportation” and “crimes” against Rohingya Muslims.

Likewise, in the present case, Beijing is being drawn in ICC ambit through its unlawful actions in Cambodia and Tajikistan who are members of this international body. The petition states that thousands of Uighurs are being unlawfully arrested and deported from Cambodia and Tajikistan. The complaint against Beijing includes evidence of forced deportations and extraterritorial arrests by the Chinese agents.

It may take months before the ICC makes a formal move. But it would be interesting for Indian citizens, more so its Muslim minority, to watch how the developments are hidden from their views by India’s Leftist media. You won’t hear a word in solidarity from Owaisis and Yechurys. Their heart won’t bleed at the plight of Muslims. But once Corona pandemic passes, you would see them clearing their throats and exhorting the protestors on-their-bums. An Arundhati Roy would emerge from her closet.

So use your judgment, my Muslim brethren. Pay heed to what Supreme Court rules on the CAA matter. Modi’s Centre has time and again invited a meeting across the table to clear your doubts and anxieties. Your cause is a contortion by the voices which din in your ears ceaselessly. This is your country, it’s future is your concern. When you don’t come on the negotiating table, you are holding the country to ransom. Sooner or later, the Centre or majority, or both, would push back. You not only are burying the future of your children but are also alienating the majority who view this petulance as inimical to India’s wellbeing.

 

 

 

Delhi voters cruel lesson: Freebies are not governance

(This is a reprint from NewsBred).

The unfolding Corona pandemic disaster in India’s capital Delhi is a reminder to voters that freebies aren’t the yardstick to elect a government.

Just before the assembly elections this year, Arvind Kejriwal had announced free bus rides, free metro travels and multiple other sops to its citizens. He had gloated on his mohalla clinics; declared his medical infrastructure as unprecedented. After winning the elections by a mile, he had preened in front of national media that his government had still made profits in each of his five years of first term.

Both apparently were a lie. If he had made profits for five years, his coffers wouldn’t have run out in just two months of lockdown. If freebies were just a matter of “Rs 150 crores,” as he said to a TV channel the other day, Delhi wouldn’t be struggling for beds at this grave hour.

Let’s look at it in real figures. Delhi presently has a shortfall in thousands of beds where symptomatic patients could be quarantined. If we go even by Kejriwal’s own estimate that only Rs 150 crores of freebies were spared, just imagine the boost it could have given to Delhi’s Corona battle—hotels could have been turned into quarantine centres, paying guest houses likewise and Delhi would’ve done one thing which is now a worldwide truism: quarantine, quarantine and quarantine.

Now hospitals are burdened with unmanageable mix, dead bodies are in corridors and horrific images are being flashed in our living rooms. Paramedical staff is being persecuted to the extent that even the Supreme Court has asked Kejri government to spare the “warriors” in this raging “war.” The lashing by India’s apex court is a scathing indictment of his government.

Delhi health minister Satyendra Jain estimates at least 50,000 Corona patients in the Capital by June-end. The experts put the figure to 100,000. Even if we go by the fatality rate of 3 per cent, it means 16,000 people would be Corona’s fatal victims in the Capital. That’s damning. Death would literally be dancing on Delhi’s streets.

All along, Kejri and his men have flipped and flopped in their measures. Some days the lockdown is lax, on other days suffocating. Some days Delhi’s medical help wasn’t for outsiders, later it was withdrawn. Wine shops had an early reprieve. Tablighi Jamaat fiasco was met with a manufactured response. Kejri and his odd-even methods had a play too. Then there was this migrant fiasco where thousands marched on to Delhi’s Anand Vihar bus terminus only to be told no-go. He is further not in best of terms with his neighbouring states. Clearly, this man is at his wit’s ends.

It’s important that Delhi recovers. Delhi is the engine which drives at least the north India economy. It’s hugely dense mega city with a sizeable lower-class population. Social distancing or home quarantines aren’t an option with them. How do you quarantine a mildly infected young kid when his grand parents share the space with him?

The only option is to seek quarantine facilities outside the box. It’s still not too late to look at hotels and paying guesthouse for those extra few thousand beds. Corona is shattering Delhi to pieces. If it’s beyond Kejriwal and his government, he must ask Centre to take over and impose President’s Rule. You just can’t be a bystander and leave everything “ram-bharose” when the stakes are this high.

 

 

 

Who’s afraid of “Lobby of Six”? questions Gogoi; Puts nation on alert

(This is a reprint from NewsBred).

It’s the last time readers you would hear about it. So I want you to be serious. Ranjan Gogoi, former Chief Justice of India and now a member of the Rajya Sabha, has said that there is a “Lobby of Six” which controls our judiciary by maligning them.  You could make it a fun exercise. Or if you are serious, reflect how our system is compromised.

Three names immediately spring to my mind as suspects: Prashant Bhushan, Kapil Sibal, Abhishek Singhvi.  They opposed tooth and nail matters of national importance, such as Rafale, Ram Temple, Article 370, EVM, Loya judge case etc in varying degrees, individually or collectively.  Remember the names who wanted an “impeachment” motion against then CJI Deepak Misra? A few judges too cross my mind for some strange verdicts. But I better not spell out my hunch.

( Or it could be that Gogoi might be hinting at a completely different set who work behind the scenes. So folks, send in your choice of “Lobby of Six” on my twitter or facebook handle.  Let this issue hang in our public discourse. For your newspapers are unlikely to give it wind. They have already dug up trenches to bury Gogoi’s views. I would follow up this pieces with due credit to your credible hunches).  

Gogoi says that this “Lobby of Six” took recourse to “maligning” to control judiciary.  You only “malign” through propaganda. And propaganda is best managed by media. This is rather easy. I remember a piece I wrote when a “sexual harassment” case was popped up against Gogoi last year.  Three websites with Leftist bent–The Wire, Scroll and Caravan—made a coordinated attack. They appeared hand-in-gloves with the forces who wanted to malign our judiciary. My piece then had tried to connect the dots. Read it and see if you agree with my deductions.

The Indian Express and The Hindu are two other national dailies which are more than suspects, in my humble opinion.  The judges and advocates they have in their rosters as guest columnists/rent-a-byte individuals, all have a bent towards a particular ideology.  Refer to the pages of these two newspapers when a “sexual impropriety” charge was made against Gogoi last April. Or the recent spate of articles they have had against Gogoi’s nomination in Rajya Sabha.  That Gogoi has now chosen to speak to Times of India, and not Express and The Hindu, carries its own message. Or it could be that Express and the Hindu didn’t approach Gogoi in the first place. The latter is worse: for the gold-standard in journalism is to hear both sides of story. Don’t pronounce someone guilty unless you’ve heard him.

Be that as it may, do read Gogoi’s interview in Times of India. He makes some pertinent points which deserve to be a part of the collective memory of we the citizens who unfortunately are also readers of a few disgraceful newspapers. As per the supposed perks on being a Rajya Sabha member, Gogoi puts forth the same arguments I had questioned Left-Liberals on in recent days.

Gogoi says that Ayodhya was a unanimous verdict by a bench of five judges. So all other were compromised? Rafale too was a unanimous verdict. So the other sitting judges were also compromised? Isn’t it a slur on their integrity? Gogoi also took on his critics who said he practiced “sealed cover” jurisprudence. “Should I have made public details on Rafale”? Pakistan would’ve laughed its guts out. Why was this bunch silent when the judiciary asked for sealed cover report on “2G scam”. Or when now the Supreme Court has asked for “sealed cover” report on Shaheen Bagh?

Strong words. And a bit of humour from his ex-Lordship: “I never was, never am and never will be afraid of anyone’s opinion, except my wife.”

Hopefully, Gogoi’s interview would give teeth to “independent” voices within the judiciary.  There is no reason to buckle down to this “Lobby of Six” or anyone else. You have nobody but your conscience to be answerable to.

(Post script: As to how our judiciary functions, listen to the voice of a fearless amongst us, legal hawk Vibhor Anand, who had penned for us a few pieces in the past).

Why history won’t forgive Modi if he buckles under now

(This is a reprint from NewsBred).

Indian prime minister Narendra Modi could sense a long road ahead. He is under attack from all corners, both at home and abroad. From civil rights activists to media; from foreign parliaments to Congress; Presidents to Islamic leaders. All are baying for his blood. And have declared him enemy of Indian Muslims.

It of course is not true. There is nothing in Citizenship Act which is anti-Muslim. There is nothing in NPR which wasn’t there in its’ previous exercise in 2010. NRC, if it happens, is too far out. But what does Modi do? Should he allow the events to overtake him? Or should he follow the time-table his government has set for the exercise? Should he compromise or should he stay firm?

Let’s evaluate what Modi gains if he softens his stance. Let’s say he scraps Citizenship Act or puts it in abeyance. Would he gain the support of Indian Muslims? Would shameless Indian media applaud him on his statesmanship? Won’t we read headlines in Western press such as “Power of people foil a bigot dictator’s pogrom”? Would Iran and Turkey; Pakistan and Malaysia hail him? The answer is NO.

Let’s also evaluate the fallout at his own side of the fence. He could appear weak to his millions of his supporters and lose their support. He could hurt his “raj dharma” by which he professes all too often. He has often said powers would come and go but India remains. Should he be true to his oath to the “Constitution” to do what he believes is best for the Republic? For which he has been chosen by 1.30 billion people of this land?

Now let’s consider the eventuality in case Modi decides to stay firm on his decision.  Let’s take the domestic and foreign fallout separately; though both in reality feed on each other. If Modi stays firm and presses ahead in the muddied waters, there could be: (a) More riots across the country; (b) Indian and Western Media would only intensify their anti-Modi coverage; (c) A few state governments could refuse to implement CAA; (d) Kashmir would burn now that winter is in retreat; (e) And even judiciary could buckle under and pass a stricture against him.

Again, what do you think Modi should do? Compromise or stay firm?

From above synopsis, it’s apparent that Compromise wouldn’t help him a wee bit. Or his government. Or India. Or Future governments. A weak Modi now would give a template to anti-India forces to pursue in years to come. Future leaders may also not have the energy, vision or selflessness of a Narendra Modi.

It would be a severe blow to Hindus who are in dire need to be in touch and in sync with their heritage of language (Sanskrit), culture and religion. A Hindu revival is what the world doesn’t want. A revival of Hindu ethos is what could save this world. A blow to it would only embolden the Islamist powers. Besides, history won’t judge Modi kindly if he succumbs to pressure. And what he would say as explanation???

Further, suppose the CAA and NPR throw up unaccounted for illegal migrants/infiltrators on our land. Could they be sleeper cells? Jihadists? Terrorists? Putting your and my life at risk? Would those who are championing “human rights” and “democracy” and “constitution” come to our help? In such an eventuality, who would we all end up blaming for?—Modi of course.

There is simply no going back, Mr Modi. People have given you mandate to run this country on their behalf for five years. Parliament has given you sanction. Supreme Court would judge you by the Constitution. Nothing else matters. States powers which put populism ahead of India, dismiss them. Jihadi Islamists, political leaders and their organizations who whip up Indian Muslims into arson and violence, book them. Media, which is unbridled and peddles fake news, suspend them. Western Media could take a walk. Don’t give a hoot to what a few foreign powers say. Ignore the garbage of a European Parliament or a United Nations Human Rights Council.

What would happen at the most? There might be a dozen more calibrated riots. A United States could slap you with sanctions (though it won’t as long as Trump is in power, hopefully till 2024). Military intervention is out of question against a serious nuclear power like us. Are you worrying about your reputation Mr Modi? Playing ball to anti-India forces wouldn’t spruce up your reputation. Indeed, it would break into splinters the hearts of millions of your followers.

You have four-plus years remaining in your second term. Use it with full conviction. Without fear of consequences. That’s what Bhagwad Gita says too. A weak Modi would lose all he has gained so far. It would hurt him, country and billion-plus Hindus. It won’t be the right homage to our suffering souls of a thousand years.

Ironically, a weak Modi at this stage won’t help the cause of Indian Muslims either. The anger of Hindus would bubble forth. The society at large could be prejudiced against Muslims. Muslims could be further ghettoized. They could also be expecting more entitlements. They could be further radicalized. It could be ripe for a ISIS or a Hizbul Mujahideen to make further inroads.  Remove their fear by actions. Withdrawing CAA would only confirm their worst fears about you. 

Supreme Court could leave the dissenters red-faced on Citizenship Act

(This is a reprint from NewsBred).

India’s Supreme Court is likely to crack the whip on Wednesday on a few dissenting states who have raised the banner of revolt against the Centre and are looking to bend the Constitutional norms which have served the country so well for over seven decades now.

The bone of contention is the Citizenship Amendment Act (CAA) which has met the mandate of the Parliament and strictly comes under Centre’s domain yet a few opposition states have struck it down in home assemblies and added fuel to the fire of protestors, out on India’s streets for over a month now.

India of dozens of states, hundreds of languages, thousands of castes, millions of gods and a billion plus people was envisaged as a federal structure by its founding fathers where states could run most of its affairs independently as long as they don’t interfere with the core of the Union which has restricted itself largely to defence, foreign affairs, communications, citizenship etc.

Such a division was enshrined in India’s Constitution which took four years of intense making and where legislature, executive and judiciary were so finely balanced that each knew of its roles and limitations. India also boldly trusted its millions of citizens, largely illiterate at the time of independence, to choose its representatives at the local, regional and national levels at periodic intervals, never more than five years apart.

A rare Constitutional success in Asia

If my founding fathers were venture capitalists, and if India was a start-up, it would have been a wildly successful investment.  India’s Constitution has survived when none have in Asia among the countries freed from the yoke of colonialism after World War II, barring Taiwan and South Korea. It’s a still bigger feat if one is told that Constitutions around the world have lasted a mere 17 years on an average since the French Revolution of 1789. It might have taken 15-lakh words but nearly 300 men who shaped the Constitution gave India the priceless gift of life.

India presently is in churn because a New Order has emerged which is threatening the entrenched class of political and academic elites. It’s a classic masses vs classes situation. Never has the embedded ecosystem been rattled so badly. It’s losing election after general elections as masses overwhelmingly are voting in favour of prime minister Narendra Modi who is a complete antithesis to a typical political elite: A tea-seller once, carrying no baggage of dynasty and an existential threat to cronyism.

It’s been only six months since Modi’s re-election but the speed with which a new India was changing its contours, be it on matters of Kashmir or Lord Rama’s temple, issues which had been frozen in a time warp for decades, has made the entrenched ecosystem sense a quaking, slipping earth below their feet. The new Citizenship Amendment Act (CAA) gave them an opportunity to spread the misinformation and stoke the fears of Muslims which has led to protests and riots on India’s streets. People are being openly incited to slam the door shut on Centre if it comes asking for their verifiable identity.

Thus a few opposition-ruled Indian states have been defiant and a few more have professed to do so in coming days. The protests have been sensationalized by India’s deplorable media which has long been part of ecosystem and thus not prepared to lose its entitlements. Western media, as ever, is fishing in troubled waters.

Global implications

So is India coming off the wheels? Does the rebellion by a few of its people and states portend an approaching disaster? Has the historical and cultural animosity between Hindus and Muslims been unsheathed and won’t return till it has devoured its share of lives? Would a few states go ahead and declare themselves independent? Would India’s established institutions strike back and change India’s cherished Constitution forever? Would it make the Western sharks smell the blood in the waters and move in in the name of protecting “democracy” and “human rights”? And if that happens would a nuclear-armed South Asia became a flashpoint which could be humanity’s worst hour?

History often is a good guide in troubled times. It’s not the first time when states in India have rebelled against the Union. It’s also not the first time when people have indulged in anarchy or large-scale violence on India’s streets. It’s also not the first time when feelings have run high between Hindus and Muslims. But sooner than later, the order returns. And that’s because the two sides of the divide, political or religious, realize that they are better off with existing order than in trying to finish each other off. That in essence is the reason why India’s Constitution endures. That’s exactly the message Supreme Court is likely to declare on Wednesday. And that’s when the warring camps would return to their trenches.

 

Anti-Army Face? Our Opposition has no qualms

(This is a reprint from NewsBred).

A father turns out a son who tries to destabilize the family. A criminal is sanitized if his presence is a threat to a society. A terrorist is neutralized if he has common people in his gun’s range.  Individuals or groups who are hazards are brought to book by those who have the assigned role to protect society or a nation.

Thus we are looking at two ends of the spectrum. One end has the authority which has a job to keep a home or a nation safe.  At the other end are the suckers who won’t let it happen. At one end is the welfare of the millions. At the other end is the good of the few.  It’s a no-brainer that individuals have constitutional rights only till they start imperilling a society.

Two such individuals are presently in public eye: One, a high-profile politician; the other a fringe player.  Both face serious allegations. Both are under probe. Both claim vendetta. Both are relying on hidden support from within society.

Let’s presume that both P. Chidambaram and Shehla Rashid are not guilty. One has been named “kingpin” in massive financial scandals by no less than judiciary.  The other has been refuted by Indian army and hauled to court for inciting communal discord. The next logical corollary is: Who would decide they are innocents? When a criminal has ever admitted to his crimes?

That’s why society sets a mechanism which can arbitrate, punish or pronounce not-guilty.  This mechanism could be judiciary or law-enforcing agencies such as police, CBI or ED.  Irrespective of how one or thousands or millions feel, it’s this mechanism which we have entrusted to carry out justice. Everything else is gasbag—including you or me.

But try telling this to our politicians and media.  Both feed on each other.  When it’s convenient, they hail judiciary like they did on pronouncements on Ahmed Patel’s Rajya Sabha elections or favouring HD Kumaraswamy in Karnataka’s unholy tie-up. When it doesn’t suit them, they don’ t bat an eyelid in trying to impeach even the chief justice. CBI is “caged parrot” when it pursues cases against Mamata Banerjee or P. Chidambaram. But when the agency was in hot pursuit of Amit Shah, for instance, it was hailed for setting high standards of probity.

Just follow the headlines and editorials in our newspapers on P. Chidambaram. Indian Express in its editorial finds it revolting that P. Chidambaram was pursued in the manner he was done by the investigating agencies. It doesn’t question Chidambaram once on his reprehensible  conduct in not submitting himself to law and thus subverting the course of justice. No newspaper has given a headline that Chidambaram was deemed “kingpin” of grave financial misdeeds.  Just look at this headline in Hindustan Times: “Please sit, judge asked Chidambaram…He declines.” (As standing is a conduct of a morally upright person!).  Be it media or politicians, both are aghast that Chidambaram was not given urgent hearing by the Supreme Court. We even have a letter from a group of Supreme Court lawyers protesting against denial of urgent hearing to Chidambaram. Pray, god, when a matter is presented on Wednesday and the hearing is fixed on Friday, is it not urgent hearing?

Shehla Rashid has been hauled to court in a criminal complaint against her claim that torture and excessive force is being applied by Indian forces on Kashmiris. Indian Army was quick to make a strong rebuttal: “Allegations levelled by Shehla Rashid are baseless and rejected. Such unverified and fake news are spread by inimical elements and organizations to incite the unsuspecting population.”

Did you find anyone in Lutyens Media question Rashid to either provide evidence or shut up. When she was cornered by journalists in an Opposition protest drama in the Capital on Thursday, she, instead of offering evidence, threatened to call police.

Has Lutyens Media questioned Shehla Rashid on fake allegations? Has it questioned the politicians of CPI or CPM, SP or BSP, Congress or TMC etc on what a fake news peddler who spreads lies on our Indian Army was doing on their platform of protest? Are we wrong to presume that these politicians, political activists and Lutyens Media have no regard for institutions and integrity of the nation and instead, could be hand in gloves?

This of course is not the first instance of transgressions by Shehla Rashid.  She posts old videos and pass them off as recent; an FIR was filed against her for spreading rumours after the Pulwama attack; she had once tweeted that Nitin Gadkari was plotting to assassinate PM Modi on which the former had threatened her with legal action; despite a video evidence of abusing the police, she termed Jignesh Mewani as victim; Delhi Police has filed a chargesheet against her in the infamous JNU sedition case;  She wanted United Nations to intervene on EVM issue as Modi seemed set to return to power in 2019 polls;  and she termed Modi a “mass murderer” after his first win in 2014 polls.

All of Rashid’s allegations of course are unsubstantiated. She is encouraged into vomiting more of such diatribe as Lutyens Media lends a helping hand and investigating agencies dither in view of the entrenched break-India forces within the system. As Chidambaram was encouraged to be allegedly more corrupt even as his bête noire Dr Subramanian Swamy asserted that former’s crimes are fit for a 500-year-long sentence. Why, Indian Express reserves top of his editorial page for Chidambaram every Sunday. Like Times of India is nonchalant about allegations of paid write-ups from across the border against one of its’ regulars, Shobhaa De.

All of this of course is unlikely to stop. Faced with an existential threat, these forces inimical to India’s interest would continue to spew venom in a concerted manner.  You would have letters from films, legal and writers’ corners tearing into Modi government for its violations of “democratic” principles. We, the stunned citizenry, must take note of these virulent rats which are a plague to India’s sovereignty.

 

RTI Amendment Bill 2019 & the fake charade of Tharoor

(This is a reprint from NewsBred).

Andimuthu Raja of the Dravida Munnetra Kazhagam (DMK) calls it “a dark day for democracy.” Shashi Tharoor of the Congress sees  it a bid to remove “the two greatest armours of institutional independence” and Adhir Ranjan Chowdhury, leader of Congress in Lok Sabha, views it as an attack on “our democratic right to information.”

Serious isn’t it. Who doesn’t know Raja or Tharoor or Chowdhury.  I mean we all have heard of 2G licenses,  Sunanda Pushkar and “gandi naali (drainage)” slur. They are our much-in-news parliamentarians who today have hogged our newspapers for faking their concern on the amendments to the Right To Information (RTI) Act 2019.

On Monday, Lok Sabha trembled to their din on the amendment to the RTI Act, 2005. As per the amendment, the Information Commissioners (ICs) will have terms and salaries decided by the Centre, instead of being on par with those of Election Commissioners. Tharoor bristled with rage: “Are you bringing this amendment because an IC asked the PMO to reveal the PM’s educational details?” Chowdhary found it an attempt to “keep tab on the Commission and kill its freedom.” NK Premachandran of Revolutionary Socialist Party (never mind if you haven’t heard of him) is convinced the amendment is an attempt to benefit the Central government.

All this for defining the terms and salaries of Information Commissioners?

So, here are the facts. The RTI Amendment Bill 2019 in no way compromises the autonomy or independence of RTI Act 2005. The amendment leaves Section 12(4) of the Act, which ensures autonomy and independence of the Act, untouched.  The appointment of Information Commissioners (Section 12.3) is also not tampered with.

Now to the terms and salaries of Information Commissioners.  The present amendment bill seeks to amend section 27 of RTI Act 2005 which DOESN’T define the tenure and terms of conditions for the ICs in its present form!!! Does clearing “ambiguity” on RTI Act sound like a “dark day for Indian democracy” to you?

As per the RTI Act 2005, chief information commissioner is equal to Chief Election Commissioner and there by equal to a Supreme Court judge. Similarly, the state Chief Commissioner is equal to election commissioner and thereby equal to Supreme Court judge.

This itself is an anomaly, considering the fact that Election Commission is a statuary body while Supreme Court and Election Commission are constitutional bodies.

The other contradiction is that CIC and state information commissioners enjoy the status of Supreme Court judge but the verdict passed is liable to be challenged in the High Court.  The present bill seeks to correct this anomaly.  Besides this amendment hasn’t originated from the government alone but also held by several sections of society and judiciary.

For example, the Rajiv Garg vs UOI Supreme Court judgment of 2013 directed that decision be taken on uniformity of service condition of various tribunals. Similarly, the Second Reform Commission in its 13th report of April 2009 also recommended that there is need for greater uniformity in service conditions. The recent judgment of high court of Kerala states that the Chairman and member of the CAT do no occupy the exalted position of the judge of high court merely because they are given the same benefits.

The present amendment merely is enabling legislation which will authorize the government to frame the rules by amending Section 27 and to deliberate upon the tenures and terms of Central and State Information Commission through Section 13 and Section 16 of the RTI Act 2005. The amendment would further streamline and institutionalize the RTI Act and further facilitate its delivery.

BJP sources say that the commitment of Modi government to strengthen the RTI Act is manifest in the fact that it has introduced the 24-hour portal and a mobile App for convenience of filing RTI anytime, 24 hours, 365 days in a year.

The present government has also implemented Section 4 of RTI Act whereby suo motto (on its own) information is now available on all the government websites even without having to file an RTI to seek information.

The leader of the largest opposition party (read Adhir Ranjan Chowdhury of Congress) is also a member of the selection committee when there is no recognized member of opposition in Lok Sabha.

And for all this good, Shashi Tharoor calls it a RTI Elimination Bill.

Said a BJP source: “Those who have vested interest in using RTI as a tool of blackmail are making motivated allegations against the RTI Amendment Bill 2019 which are totally unfounded and unsubstantiated.”

Oh is it? RTI as a tool of blackmail? So next time you read screaming headlines in the Indian Express or The Hindu or Times of India or Hindustan Times or any other Indian daily curse the mugger who might have gained behind this charade of “scrutiny” for public good.

Meanwhile, the RTI Amendment Bill was passed with 218 “yes” and 79 “no” in Lok Sabha on Monday.

 

 

Lavasa’s rant and the facts readers must know

(This is a reprint from NewsBred).

Facts are facts. They are the referee, the guiding principle, in a dispute. When both sides are represented, it’s called ethical journalism. When only selective facts are published, that is yellow journalism.

Once it became clear that BJP-NDA would romp home in 2019 General Elections, Indian Express has made much of dissent of one of the three Election Commissioners, Ashok Lavasa.  On a few occasions when Prime Minister Narendra Modi was examined if he had violated the Model Code of Conduct (MCC), Lavasa was the dissenting voice in the house which cleared Modi of such charges.

After keeping Lavasa’s dissent alive on its front pages, Indian Express has published a long interview with Lavasa today. The lame headline: “Sought prompt action after Supreme Court frowned on delays: Lavasa” was a giveaway on spun charges – a kind of propping up a dead man behind wheels. The story just doesn’t move.

Lavasa laments that his dissents haven’t been recorded. But then Election Commission never does it.  A majority takes a call which in this case decided in favour of Modi. So what’s this fuss about?

Lavasa thus decided to stay away from the last MCC meeting (Lavasa/Express projection is as if he recused himself midway) . By May 16, 2019 General Elections were more or less over. If he had felt stifled, he should’ve done so much before. Even now Lavasa can resign and ignite a serious debate in public and help an Election Commission which he could be heading in 2021.

If he stays put in Election Commission, Lavasa must respond to public scrutiny as he expects his own institution to be. A few facts are in public domain and are grossly unsavoury.  People have a piece on him which Lavasa needs to respond as quickly as he could. It says that his wife, Novel Singhal Lavasa,became a board director in 12 big companies after he became secretary in environment and finance ministry from 2015 onwards.  It questions whether he dealt with the files of these 12 companies during his tenures? The article then digs up instances which are construed as his closeness to various important ministers, including P. Chidambaram.  Now that Lavasa could be our next Chief Election Commissioner, he must submit himself to public probity and upholds the dignity of EC which he has lowered, perhaps unintentionally, in present case.

Personally, I am for recording dissenting voices. Like they do in judiciary.  But I certainly abhor when I suspect agenda. To me this looks like tainting a historic repeat for BJP in 2019 General Elections, if it comes true on May 23. When the projection is that institutions are muzzled, the next corollary is democracy is in danger.  That’s what they do with Russia, China or even Iran. All of them are straining under economic and tariff sanctions.

The game is much bigger than a mere dissent. First, drum up instances. Two, feed global network. Three, ratchet up public opinion. Four, the “custodians” of free world intervene (never mind they don’t bat an eyelid on Pakistan or Saudi Arabia).  Five, crippling economy sanctions follow.

A nation is thus destroyed like it happened in Iraq, Syria and Yemen. Remember the “Arab Spring” which was unleashed in Middle East this decade? It’s no longer talked about for it has served its purpose—replace many regimes such as ones in Egypt, Tunisia etc.

I conclude by drawing the attention of readers to this piece in OpIndia. It mentions a former Election Commissioner Navin Chawla against whom once  his chief wrote to President of India, asking for his removal for allegedly taking instructions from the ruling party, in this case Congress. This is the same Chawla who was indicted for his excesses during the Emergency. Yet, the 2009 General Elections were conducted under him.

In this article instances are quoted how despite their miserable showings in 1999 and 2014 elections, parties such as SP, BSP and Left were allowed to remain “national parties” by the benevolence of Election Commission. How despite 100 plus seats, BJP was nearly banned in 2007.

It’s important readers take a call and question their newspapers. Treat it as a matter of life and death. Have complete and not just selective facts. Only responsible readers can make their newspapers accountable. Else, your own nation could be in ruins and your future generations exposed to resultant horrors.