Act I: Might
Mr Kiren Rijiju, Honourable Minister of Law and Justice, uses every opportunity to emphasize that he and his government do not interfere — and have never interfered — with the independence of the judiciary.
They may want to, but they can't. My good friend Honeytits Modi tried to steal independence of Judiciary but CJI caught her and slapped her bum. She cried and cried.
As a citizen and a practicing advocate, I would like to believe him.
But nobody believes you because you are an advocate. Also, Honeytits Modi stole your credibility while you were sleeping.
I was happy to hear Mr Rijiju re-state the position of the government in a recent interaction at the India Today Conclave.
Midway, he delivered a thunderbolt. He said, and I shall quote his words: “I feel this is the most important topic for me, for the nation. …There is a calibrated effort to undermine Indian judiciary. That is why they say, day in and day out, they are saying that government is trying to take over Indian judiciary. …In a way, it is a sinister design…The anti-India forces in India and outside India, they use same language… The same eco-system is working inside India and outside India also… We will not allow this tukde tukde gang to destroy India’s integrity and our sovereignty…
Because that is what we elected you guys to do. It is your fucking job to protect India. If you don't do it properly we will vote you out.
“Recently, there was one seminar in Delhi. Some retired Supreme Court judges, some senior lawyers, some people were there. The topic of the seminar was ‘Accountability in Judges Appointment’. But the discussion whole day was on ‘how government is taking over the Indian judiciary’… it is a few of the retired judges, few may be three or four, few of those activists, part of the anti-India gang, these people are trying to make Indian judiciary play the role of Opposition party…
These senile cretins were telling stupid lies to gain same advantage for themselves. It is Rijuju's jobs to tell them to go fuck themselves. If he won't do that job he is welcome to resign. It must be said, a lot of Indians have to come to feel great respect for him because he is sticking his neck out to defend national interests.
“Actions will be taken, actions are being taken as per law, but if I say that I will take action…The agencies will take action as per the provisions of the law. Nobody will escape, don’t worry, nobody will escape. Those who work against the country will have to pay a price for that…”
Only if they are held to account. If Rijiju can do a better job in this respect, voters will reward his party.
It was an unambiguous statement. What was on display was the might of the State through its Law Minister, no less.
What the Law Minister should say is 'please shit on India. Commit any offenses you like. I promise that you won't be prosecuted. India has zero power. It is a fucking shithole.'
The mighty State was saying that if the government comes to the conclusion, subjectively, that there is a tukde tukde gang or that any person is part of the anti-India gang, be forewarned that action will be taken against any one who speaks or plays the role of the Opposition.
No. Rijiju only spoke of taking action as per the law- which is a wholly objective, not subjective, matter. The problem is that Rahul- who says India is not a nation- is now very much part of the tukde tukde gang. Perhaps, Chidu too favors secession for Tamil Nadu. That didn't end so well for the Sri Lankan Tamils- did it?
We know who the ‘agencies’ are. We know what action they will take. We know what price the person will pay. We also know that the process is the punishment.
And, we- the people of India- approve just as we approved of Manmohan trying to crack down on NGOs which were using foreign money to try to stop economic development in India.
Many have criticized the statement of the Honourable Minister of Law and Justice and its chilling effect on free speech.
Just as jail sentences for murder have a chilling effect on homicide. Since the First Amendment it has been obvious that India has no 'chilling effect' doctrine whatsoever. Why pretend otherwise? It is a separate matter that malicious prosecution may occur- as it certainly did when Manmohan was in power and BJP politicians were targeted.
In my view, it was a display of the raw power of the State and provides sufficient evidence that democracy is in danger.
But your view is that the sun shines out of Rahul's backside. Fuck off.
Act II: Plight
Move over to another organ of the State: the judiciary. At the apex of the judiciary sits the Supreme Court of India, sometimes described as the most powerful court in the world.
which is why it is called the apex court. Fuck is wrong with Chidu? Where else does he think a Court called 'Supreme' would sit?
On March 21, 2023, a three-judge Bench delivered a judgement in the case of Satender Kumar Antil vs Central Bureau of Investigation. Noting its earlier judgement in the same case passed in July 2022 on the issue of ‘bail’, the Court said, and I shall quote its words:
“Counsels have produced before us a bunch of orders passed in breach of the judgement in the case of Satender Kumar Antil vs CBI & Anr only as samples to show how at the ground level, despite almost 10 months passing, there are a number of aberrations…This is something which cannot be countenanced and, in our view, it is the duty of the High Courts to ensure that the subordinate judiciary under their supervision follows the law of the land. If such orders are being passed by some Magistrates, it may even require judicial work to be withdrawn and those Magistrates to be sent to the judicial academies for upgradation of their skills for some time.
“Another aspect which is sought to be pointed out… is that not only is there a duty of the Court but also of the public prosecutors to plead correct legal position before the Court as officers of the Court.”
This is purely procedural. It is obvious that in a country with a ramshackle judiciary with poor quality judges at the bottom of the pyramid, that a Bench which is overactive in everything save putting its own house in order and streamlining the judicial system will vent its frustration in this manner from time to time. So what? We all know the solution to the problem- viz setting up an administrative cadre and simplifying judicial processes. Why not get in 'Expert System' AIs to assist in clearing the back-log of cases? Instead the Bench will keep taking up non-issues- e.g. should girls in a girls school be allowed to wear hijab inside the classroom.
Just as ‘free speech’ is guaranteed under Article 19(1)(a) of the Constitution of India, ‘liberty’ is guaranteed under Articles 19 and 21. Both are basic, unalterable features of a democracy. The anguish expressed by the Supreme Court illustrates the plight of the law caught in the middle between overbearing investigating agencies and an indulgent subordinate judiciary (with notable exceptions).
Nonsense! The Bench refused to put its own house in order and is shifting the blame to those lower down. It has not said that investigating agencies are 'overbearing'. All it said was that they should collect evidence expeditiously- which is all very well if they have plenty of resources. They don't. India is very very fucking poor.
Act III: Might & Plight
On March 23, 2023 Mr Rahul Gandhi was convicted by a Magistrate’s Court on a complaint (by a BJP functionary) of the offence of defamation under Sections 499 and 500, IPC for certain words uttered during a political campaign/interview. He was convicted and sentenced to 2 years’ imprisonment. The lawyers representing Mr Gandhi have found fault with the judgement of the learned Magistrate on grounds of lack of jurisdiction, procedural errors and manifest injustice.
But the complainant had twice taken recourse to the High Court to quash orders by the then CJM who was blatantly favoring Rahul. The new CJM followed the High Court directions and quickly convicted Rahul for his blatant act of 'collective denunciation' and criminal defamation of a type which the Supreme Court had twice warned him against.
They also viewed the punishment of 2 years’ imprisonment (the maximum under the law) as unusually harsh.
Or unusually salutary if you don't happen to think the sun shines out of Rahul's arse.
Robust political discourse is the essence of democracy.
Dynasticism is essentially antithetical to democracy. Why is this cretin so besotted with the Clown Prince? Is it because Honeytits Modi stole his brain?
On deeper analysis, it will be evident that the law was set in motion to silence a leading voice of the democratic Opposition.
Who is so only by virtue of being the heir by primogeniture to the autocrat, Indira.
Noisy appreciation of the ‘might’ of the law must be tempered by calm introspection on the ‘plight’ of democratic voices.
Dynastic voices. Rahul's plight is of his own making. The might of the law has expressed itself in conformity with directions of the Gujarat High Court not the Law Minister. Calm introspection would lead Chidu to go to Rahul and demand that he shit into his open and eager mouth. Nothing less will do to reward this loyal slave of the dynasty. Sadly, Honeytits Modi may have already stolen any turds Rahul might otherwise produce. This is the reason for Chidu's parlous plight.
No comments:
Post a Comment