Friday, December 9, 2022
Friday, December 2, 2022
No Tears Should be Shed for Wily Wolves of NDTV
One often wonders that
why there is so much brouhaha by a section of pseudo-intellectuals over the sale
of NDTV by a crafty capitalist duo, claiming to be the espousers of public
interest to a proclaimed industrialist. This duo made a huge amount of money by
adopting all the tricks of the trade, which could be unbecoming of any ethical
and intellectual person. But by their intellectual posturing both accumulated
stinking amounts of wealth. They are said to have assets worth thousands
of crores, that too, within a span of two/ three decades. It is said they were
living in a Barsati of a house but in a very little time, they made hundreds of
crores, mostly because of their connections with powers that be. They are,
thus, classic examples of crony capitalism.
There was an Income
Tax Officer, some Srivastav, who used to publicly say that husband and wife duo-
Pranoy Roy and Radhika Roy owned a ramp consisting of hundreds of acres of land
in an African country. So, NDTV was like any other business for them and there
is nothing wrong with it. But they played the victim card to get
the milage of sympathies from the gullible public was indeed
condemnable. After all owners of big media houses, be it Print or Electronic do
their business, not for any social service but to make profits. In fact, it has
been seen that media owners indulge in far more unethical practices than
businesspersons of other varieties. Therefore, those shedding tears for the Roy
couple are thoroughly mistaken about their so-called altruistic deeds.
There is no dearth of
such people who are shedding tears over the drama of the resignation of a journalist,
who has been associated with the Channel for a long time and is known for
spearheading a campaign against a certain political party and a leader. These
people possibly do not know the fact that power consists of the ‘ruling party
as well as who is in opposition. Hence, those who are in opposition also fall
within the realm of the ‘Power’. Therefore, this journalist, who was part of
the NDTV was also part of the power structure.
Here it is a larger
question arises whether this journalist and the NDTV owner’s duo were in
any way different from other exploiting capitalists. In fact, when a
person claiming to be against exploitation becomes an integral part of the
exploitative machinery then his/ her exploitation becomes more intense and
tortuous than other capitalists. Only a few years ago nearly 350 employees of
the NDTV were very unceremoniously thrown out of their jobs but the entire
class of progressive journalists and intellectuals kept mum as if they were
hamstrung by paralysis. When we approached the Labour Commissioner of Delhi to
help those hapless workers, he said that victimised employees must themselves
approach the Labour department. We talked to many employees, but they did not
come forward to complain about it for fear of being branded as the embedded agents
of the government.
What was most
astonishing was that a few days after the termination of workers the
owners of NDTV organised a meeting in the Press Club of India, which was
addressed by a whole lot of anti-workers ranging from reactionaries like Arun
Shourie, and Fali Nariman to many shameless and rank opportunists, who did not
say even a word against the unfair labour practices of the NDTV owners. The
stony silence of this sermonising and preachy journalist (his name need not be
mentioned here) over the termination of hundreds of workers was painful to the
core.
I am sure that workers
will now have more freedom in the NDTV to raise their voices against
exploitation than they had in the regime of Roys, who were marauders
masquerading as being pro-people businesspersons. They must be exposed, who
have been worse than the enemies of the workers.
Sunday, November 27, 2022
Parliament and Assembly Elections must be held Simultaneously
Frequent elections have made the manifestos redundant. They have now become an exercise in futility, although they were never taken seriously by most people. The general impression is that manifestos are merely for discussions and debates of some elites, who claim to be intellectuals but hardly have any say in the decision-making process of political parties or the electorates because elections are mostly held on the castes and religious considerations. For example, Muslims except for a group of Shias, never vote for the BJP irrespective of its highly promising manifestos. More or less the same is the case with Christians. Manifestos are, therefore, meaningless for them because their only agenda is to defeat the BJP.
Look at the schemes of the BJP governments, which have been
benefitting all sections of society regardless of their castes or communities
and yet they are clear-headed that they would go for any candidate, who can
defeat the BJP. In some places, certain castes of Hindus also vote
for a specific party, even if the candidates fielded by it are unworthy of
contesting any election. Hence, the manifesto is of no use to them.
Unemployment and inflation are the issues that are raised only against a
particular party i.e., the BJP but all other works done by it are
conveniently overlooked.
The elections are no longer once in the five
years affair, they are held around the year in some or other part of the
country. Almost every year some or other assemblies are in election mode giving
little time to the parties to strictly adhere to their manifestos. Winning
elections, somehow or other, therefore, becomes their agenda. In the process,
these parties instead of sticking to their manifestos make tall promises to
their electorates, which can give them immediate gains.
This keeps the Election Commission and other
state machinery busy with poll activities rather than doing other normal work.
The ultimate loser is thus the general public. Therefore, the good thing will
be to hold the elections of parliament and other assemblies simultaneously,
after five years, which is what has been contemplated in 83(2) for the
Parliament and 172(1) for the state assemblies under the Indian constitution.
The Rajya Sabha and the Vidhan Parishads are never dissolved because one-third
of their members retire every two years after completing six years term.
There have been no problems because the
Elections for assemblies and the Lok Sabha used to be held simultaneously until
1967 when in many states voters threw up hung assemblies. Similarly, mid-term
polls were also held for the Lok Sabha disturbing the set schedules for holding
the elections once in five years. Frequent elections allow the political
parties and their leaders to give wide berth to the promises made in their
manifestos. This is the reason that many irresponsible politicians make such
wild promises as cannot be translated into reality, but their real intent is to
come to power anyhow.
Therefore, there is an urgent need to go to
the old days and make such laws that come what may, there would not be mid-term
polls of the assemblies and they would be held simultaneously throughout the
country. If no party gets an absolute majority, then President's Rule
automatically gets imposed till the absolute majority is cobbled by any leader
or party. Therefore, there would not be any problem in the states, but the
problem would arise at the national level because there is no constitutional
provision for President's Rule at the Centre. This is a very complex and knotty
problem, which will need the collective wisdom of all stakeholders to solve it.
Since it is a problem of the entire country, so it is not difficult to get all
the stakeholders on board for finding an acceptable solution.
Thus, it is amply clear that manifestos are
inextricably linked to elections. If any party is given time to be in power
continuously for five years, it will be accountable to the public and will be
cautious enough in making promises. However, if the political parties are not
sure of getting a majority they will continue to play with the emotions of the
electorates. They will adopt the policy of appeasement by giving a complete
go-by to the interests, progress and welfare of the people and the state.
Therefore, hopefully, politicians of all hues and colours, the Election
Commission of India and the Judiciary will have to apply their minds to ensure
that Constitutional mandates are not defeated and allowed to go haywire.
Thursday, November 24, 2022
The demise of Professor D N Dwivedi of Allahabad is a Huge Loss to Philosophy
It is very sad that in less than a month two eminent retired Professors of Philosophy of Allahabad University- Dr D N Dwivedi and Dr Ram Lal Singh- left for their heavenly abode. Both of them were in their eighties and were the giants of Indian and Western Philosophy. I knew them through my father-in-law Dr Sabhajit Mishra, who is also a retired Professor of Philosophy from Gorakhpur University and who formed the distinguished company with them along with Dr (Professor) R R Pandey of the Banaras Hindu University. All of them have been very eminent and highly respected by their students and colleagues as well.
They have been foremost in developing the scientific temper of reasoning and logic among the students of philosophy. They inculcated the ambience of learning and thinking to the seekers of knowledge. It is because of these illustrious teachers most of the students coming from eastern Uttar Pradesh normally opted for philosophy as a subject for their undergraduate and postgraduate classes. In addition to it, at one point in time, Philosophy became a popular subject for competitive examinations. The other commonality in all these four outstanding teachers has been that they all came from humble backgrounds and never wore any air of arrogance. They have always been available to their students to help and guide them as and when needed.
Professor DN Dwivedi, it must be stated, was a powerful speaker who, although used to be ordinarily reticent, had exemplary command over western philosophy. It was a rare delight to listen to his lectures in classrooms be it the Greek Philosophy of Plato, Socrates, Aristotle and Heraclitus or rationalist thinkers like Rene Descartes, Leibniz and Spinoza or empiricists like John Lock, George Berkley, and David Hume. Clarity about the existentialism of Jean-Paul Sartre and the Dialectics of Hegel, the Critique of Pure Reason of Immanuel Kant etc. could be grasped by hearing him without any distraction. Away from pomp and show, Dr Dwivedi never aspired to come too close to the powers that be, although most of them held him in very high esteem.
Professor Dwivedi was closely associated with Uttar Pradesh Darshan Parishad. After his retirement, he settled down in Allahabad. He originally belonged to the rural background of the neighbouring district of Pratapgarh. He is survived by his wife, two sons, two daughters, and their children.
May his soul be free from the cycle of birth and death!
Sunday, October 30, 2022
The ‘Wire’ Issue Must be Enquired to get to the Bottom of Truth
Planting fake and false news is not new to journalism. This practice has been going on for quite a long time but the scale and frequency with which it is being resorted to these days by a cross-section of motivated people and organisations are too much to recount. The sad part of it is that those who claim to be the champions of the cause of truth and objectivity are also indulging in this nefarious practice. Some time ago we have seen that an operator of a Utube channel, who boasted himself to be the fact checker floated a wild rumour about himself having been shortlisted for the Nobel Peace Prize. Many news channels became a willing and collusive parties to give credence and wide publicity to the wild rumour.
A few years back a TV Channel spread the false news about a schoolteacher running the flesh trade and using the girl students at the school to make money. The said rumour spoiled not only the career of the innocent teacher but brought disrepute to the school and the students. The biggest shock is that many responsible journalists, whose words are taken as gospel truth by the general public, have also been found to be indulging in spreading unfounded and baseless stories. The falsehood spread at the time of demonetisation and Covid by the so-called responsible journalists and TV Channels were nothing more than scandals. Why legal actions were not taken against them by the authorities was really intriguing. In fact, independent and autonomous organisations should have come forward to name and shame of those shameless journalists and media houses.
This underlines the urgent need for an effective regulatory body to curb and control the fakery in journalism, which is posing the biggest threat to the credibility of the profession in the age of the internet. While social and web media has expanded its reach and penetration even in the remote corners, the mischief mongers are misusing this technological boon to spreading innuendoes, canards and lies. Agenda-driven journalism based on cock and bull stories has been causing incalculable damage to the profession which must be stopped at any cost.
Recently a Web portal the ‘Wire’ has proved that some operators have scant regard for the golden principles of journalism, and they plough their furrows at the instance of the forces that are inimical to the interests of the country. This time the Wire and its operators have been caught red-handed because they accused the powerful company, Meta. It exposed them so badly that they did not get even the fig leaf to hide. It has also come to light that some foreign countries are pumping in huge funds to create an atmosphere of distrust and disbelief in the country.
‘Although no registration of any media organisation can be done in India, whose editor or proprietor is a foreign citizen, it is seen that many foreigners are flagrantly violating these statutory provisions with gay abandon. Unfortunately, the government officials turn Nelson’s eye towards these violators and many times extend their clandestine and surreptitious support to offenders and breakers of laws.
In fact, strict and exemplary action must be taken against masked journalists, who indulge in blackmailing in the name of enjoying the freedom of speech and expression guaranteed by the Indian constitution. In absence of strict execution of laws, these hoodlums who dance to the tunes of their foreign masters, will not hesitate to bring a bad name to the country. These so-called journalists wield so much clout that they dictate with authority to the impotent and bogus bodies like the Editors Guild of India and the Press Council of India.
The echo system of these disguised journalists is so entrenched that they feel that they make or mar the image of anyone. It is the time when the general public should rise to wage a relentless struggle against the new avatars of Goebbels to protect the invaluable fundamental rights and safeguard the credibility of the profession of journalism.
Monday, October 24, 2022
Live Streaming of Courts will Help People Judge Their Judges
Live streaming of the proceedings of some of the High Courts and three Constitution Benches in the Supreme Court has already given an inkling of how the courts (mal) function in India. If one can see the erudition, courtesy and learning of some of the judges and the advocates then at the same time the tantrums and arrogance of some of the judges and bluffs and bragging of some advocates can also be witnessed. Some of the judges look grotesque with their unbecoming attitude and they give off the appearance of a headmaster in the courtrooms. Instead of asking searching and incisive questions from the advocates and clients, their arrogance and ill manners come into display.
When we were campaigning for the live telecasting of the court proceedings, many used to oppose it tooth and nail. Their only logic was that the judges and advocates should not be exposed to the mockery or merriment of the general public. They came forward with all sorts of asinine logic against live streaming of court proceedings but thankfully the court finally decided to fully telecast the Constitutional Court proceedings. Although many High Courts have started partial live telecasting much before its introduction in the Supreme Court, special mention must be made of the Orissa High Court, where Chief Justice Muralidhar took the bold decision to telecast the proceedings of all courts. In fact, except for the in-camera proceedings, the entire work should be open to telecasting. It is gratifying that the present Government is also supportive of this move.
It has been a normal refrain that ‘Bar is the judge of the Bench’. Anybody aware of the court proceedings knows it well that advocates have been expressing their opinions about judges and advocates on the basis of hearsay. Some of them may be true but most of them are like canards. Now the live telecast will facilitate the people to form their own opinions about the judges and advocates. Those who have been watching the proceedings of different High Court will vouchsafe that some of the judges are always discourteous and they have developed the habit of pulling the legs of the advocates instead of trying to know the facts and the legal position to arrive at justice.
We have Anglo -Saxon legal system of justice delivery system. Our courts have got fossilised. Why should our advocates and judges have to wear high-flowing gowns and bands in the High Courts and the Supreme Court? Nobody will give any satisfactory answer to it, just continuing as lakeer ke faquir. We have many judges who wax eloquent for the Swaraj model of justice, but they have never taken any initiative to do away with this abhorring dress code. Why did they not do anything for removing such a dress code as could not be suitable for the climes of the country? Now the people will be the judge of the judicial system and what our political leadership and the Executive could not do, hopefully, the pressure and the outcry from the public will force the judiciary to change its uniform so as to conform to the county’s climate. After all, our judges are also parts of society, and they cannot be allowed to be living in a room of hallowed virtue and free from criticism even if their conducts are not beyond reproach.
Our judicial system is such that in the High Courts and the Supreme Court, the Advocates are expected to be always docile and servile. Even if they have not to say anything, they are expected to grin and say, ‘My Lord, My Lord (s)’. Not saying so is considered to be a bad court craft. It is said that once the late socialist leader Dr Ram Manohar Lohia personally argued a case in the Supreme Court and he refused to address the judge as ‘My Lord.’ He invariably addressed a ‘Mr Judge.’ But no advocate howsoever senior he/she maybe now has the courage to say ‘Mr or Madam Judge’ in the courtroom. Sometimes the judges take it as an insult and start rebuking even the aged and senior lawyers. Shockingly, these lawyers become so spineless that they show no unhappiness.
There can be hardly any doubt that Presiding officers or judges should be given full respect but not addressing them as my Lord(s) is no disrespect. Saying ‘yes sir, yes sir’ to any officer is not an indicator of respect but a sign of servility. This practice must go lock stock and barrel, especially from the courts. And there is no other way to ensure it than to live to stream the court’s proceedings. It will also keep corruption in check and all functionaries of the courts including the judges to be cautious of their responsibilities.
Saturday, October 22, 2022
Reduce Printing of Currency Notes and Boost Digital Transactions for next Generation Reforms
Saturday, October 8, 2022
How did two conmen take the whole world for a ride for many days?
Two conmen-
Prateek Sinha and Mohammad Zubair- should be complimented for having spread the
false news that both of them have been shortlisted for Nobel Peace Prize and
many believed them. They also got some congratulatory messages from the echo
system of which they have been the part and parcel. The mockery is that they
claimed to be awarded for running a fact-checking portal called Alt news, which
is more known for the notoriety of peddling fake news. It was this portal which
was responsible for creating an atmosphere of communal frenzy in India. These
Johnnies were successful in ploughing the hate campaign against a BJP leader, which
had resulted in an all-India chorus for ‘tan se juda’ slogan by a section of a
community.
It is said that
rumours have no legs but only wings. By the time, the truth is known the
rumours already get caused enough damage. It would have been most
incredible fiction, even if the names of these liars had been remotely thought
of conferring any award, what to say of the Nobel peace prize to them. However,
these so-called fact-checkers, instead of finding the reality thought it
fit to take the gullible people for the ride not only in India but across the
whole world. The wonder of the wonder was that a so-called journalist of
an American journal was also found to be in cahoot with these un-worthies in
giving false publicity to them.
Look at the
audacity and the notoriety of these rumour mongers that they gave publicity to
themselves for being thought of for the Nobel Peace Prize, which is arguably
the top award in the world. Thus, they have proved that they have immense
potential to make incalculable damage to the country with the active support of
inimical forces, which have no hesitation in spreading absolutely false,
baseless and concocted stories about India.
They might not
be able to get any awards but the amount of publicity which they have got by
sheer dint of ugly and false publicity will definitely help them in getting
good funds from some organisations, which have been working overtime to paint
India with black colours. It is only these organisations which have been coming
out with dubious data and dismal reports about education, poverty, or human
rights in India. These anti-India organisations normally put the country
at the bottom of their fictitious indexes. Therefore, people must have to be on
guard not to believe them blindly without getting properly verified.
Friday, October 7, 2022
Untold Stories of the Framing of the Indian Constitution: An Absorbing Book
‘Bhartiya Samvidhan Unkahi Kahani’ by the journalist Ram Bahadur Rai is a highly informative book on the making of India‘s Constitution in a very lucid and anecdotal style. What prompted Shri Rai to go for this book has been elucidated in the preamble of his book. It must be mentioned here that the first meeting of the Constituent Assembly for the framing of the Constitution took place on 9th December 1946, more than nine months before the country achieved independence on 15th August 1947. Obviously, this Constituent Assembly was not elected by the people, yet its legitimacy was beyond any reproach. Initially, there were 389 members of this Assembly out of it, 292 were elected through the Provincial Legislative Assemblies: 93 were the representatives of the Indian Princely States, and four members represented the Chief Commissioners of Provinces. However, as a result of partition under the Mountbatten Plan of 3rd June 1947, a separate Constituent Assembly was set up for Pakistan and representatives of some provinces ceased to be the members of the Assembly reducing the strength of the Constituent Assembly to 299.
Making India’s Constitution had, no doubt,
been a marathon exercise and it was prepared by the best brains of that time,
most of them had undergone and endured the fire of the freedom struggle. Each
and every article was debated threadbare by the Constituent Assembly, mainly
without any personal rancour by any one of its members. The flexibility of the
Constitution can be gauged from the fact that it has been amended more than a
hundred times to conform to the wishes and aspirations of the people. Many
treatises have been written on it by scholars, researchers and other luminaries
and yet we feel that some issues are still unresolved, which require to be
settled by the Apex Court of the country. The main source of Ram Bahadur Rai’s
book has been the copious volumes of the Constituent Assembly debates but what
was needed was the ‘Vision’ to look at them to unfold stories that were
hitherto unknown to many of us. Making India’s Constitution was no less than a
Herculean task and it has been corroborated by the scholar Granville Austin,
who himself had written his celebrated magnum opus: ‘The Indian Constitution:
Cornerstone of a nation’.
Another important role in the making of
India’s Constitution cannot be forgotten was that of Shri BN Rau, who was a
constitutional advisor to the Constituent Assembly. He was an ICS officer and
had also served as the Judge of the Calcutta High Court. and Shri Rai has also
rightly mentioned his name in a laudatory manner. There were seventeen
committees, which were formed by the Constituent Assembly. Four were headed by
Babu Rajendra Prasad, three by Pandit Jawahar Lal Nehru and one each by Alladi
Krishnaswami Ayyar, Pattabhi Sitaramayya, K M Munshi, GV Mavlankar, Vallabhbhai
Patel, HC Mookerjee, JB Kripalani, Gopinath Bardoloi, A V Thakkar and Dr BR
Ambedkar. The most important among all the committees was, undoubtedly the
Drafting Committee, which was headed by Dr Ambedkar but the role of all the
members of the Constituent Assembly was praiseworthy because everybody was immersed
in debates head over shoulders. The sterling contributions of Alagu Rai
Shastri, Pandit Kamla Pati Tripathi, Seth Govind Das, Purushottam Das Tandon
and Shibban Lal Saxena of the Hindi belt were praiseworthy. The writer Ram
Bahadur has done well to recall their contributions in his book otherwise, the
new generation thinks that the credit for the making of the constitution is
solely reserved to Dr Ambedkar, who was the Chairman of the Drafting Committee.
In the last few chapters of his book, Shri Rai has
reproduced the summary of the speeches of some of the members, which reveal the
thinking of those leaders, whose hearts were pulsating for India and its
people. At a time, when a lot of churning going on across the world in the
aftermath of the Second world war, the country was faced with imminent
partition, Lakhs of refugees had already started pouring in from the other side
of the border. and almost all parts of the country were raging with communal
inferno, one wonders how our great leaders were able to concentrate on giving a
masterly document, which provides equality, liberty and the best possible human
rights to the citizens of India.
Having said it all, there is no gainsaying that the
present Constitution has largely guided the country. It is an organic
constitution and therefore certain restrictions, which have been drawn by the
Supreme Court through cases like Kesavanand Bharti needs to be relooked at. In
the platinum jubilee year of our independence, it will be highly becoming of
our lawmakers to take such steps to frame a new constitution as the same could
encompass technological and scientific developments. The rigidity of the
American Constitution is of no good to our country. At the same time, the
country cannot afford to run the country only on the basis of the conventions
and traditions because there will be fair chances of breaking by those in power laying down their own set of conventions if the clear-cut boundaries of
checks and balances are not well-defined and demarcated in the Constitution
itself.
Ram Bahadur Rai's book throws light on the
mental makeup of the constitution makers, which was by all means,
revolutionary. The book deserves to be read by all, particularly by
lawyers, law students, teachers, researchers, historians, social scientists,
and activists.
Parmanand Pandey
Advocate on Record
Supreme Court of India
Tuesday, September 27, 2022
Live Streaming of Court Proceedings: A Laudable Step
By Parmanand Pandey
My colleague Shripal Singh and I have been regularly campaigning for the
live streaming of the court proceedings. I have written copiously on it in my
blog’ Life and Law’ as well as on my website’ Judicial Panorama’. Fortunately,
a good beginning of live streaming of three Constitution Benches has been made
from today i.e., 27th of September 2022. The decision to video-record the court proceedings was taken in
November 2017 by the bench headed by the then CJI Dipak Misra. It was then
directed by it that the proceedings of two courts in every district of the
country would be video recorded. In the first week of 2018, again the bench
consisting of the then CJI, Dipak Misra, Justice A.M. Khanwilkar and Justice
D.Y. Chandrachud gave a verdict that the live telecasting of the court
proceedings would begin from the court of the Chief Justice of India itself.
There are many
democratic countries where a video recording of the courts is allowed. In
some countries like, the United States of America live telecast of some
selected cases is also permitted. Thus, the Supreme Court of India is the first
in the world to have allowed for the live streaming of the proceedings.
Maintaining Time
Schedule and containing Corruption
The biggest advantage
of it will be to help maintain the time schedule of courts. As far as the
Supreme Court is concerned, all judges sit in the courtrooms exactly at 10:30
am, without being late even for one minute. However, in most of the High
Courts, the condition is not so good. The judges often come late to court.
Sometimes they sit late from half an hour to one hour and they retire to their
chambers as per their sweet wills. The condition of the lower courts
across the country is a total mess. The Judges come and go as and when they
desire. It is an open secret that the corruption in the lower judiciary is
stinking to high heaven. A reader/peshkar takes money for the filing of the
documents, giving of the dates or providing information about the next date of
hearings or changing the dates. These employees take bribes even from Advocates
and their clients in the full glare of the judges. These peshkars/ ahlmads, in
turn, supply milk, bread, butter, vegetables and groceries to the houses of
presiding deities. The situation is not so bad in Delhi and many other
cosmopolitan towns but in district courts it is rampant. Some judges have
become so shameless that they do not feel anything bad about it. Many times,
even if the bail has been granted, the papers will not be prepared till the
palms of the concerned Ahlmads are not greased. Peons and employees openly
demand money as if it is their right.
The live telecasts
of the Court proceeding will certainly help curb corruption to a large extent.
This will make lethargic and incompetent judges more alert and at the same time
save the clients from extortion by non-judicial employees. Sunlight, as they
say, is the best disinfectant. This will largely cure the infection of
corruption and help the ordinary people in getting justice relatively fast
because the conduct of the judges, advocates, court employees and others will
always be in the public scanner. This will also ensure the judges and the
advocates remain prepared during the hearings of the cases because their
conduct will be in the surveillance of thousands of people.
No doubt, what could
not have been achieved by the strictness of the administration will be achieved
by modern technology. Technology has come as a boon for the eradication of
corruption, and we must salute and welcome it with open arms to make the
country a better place to live in. This move will also instil a new faith in the judiciary. Almost everybody knows that there
are many advocates, who only seek adjournments to delay the cases. Clients also
indulge in highly unethical practices to get justice delayed. The live
streaming will also go a long way in controlling the witnesses to behave
properly because it has been found that they often turn hostile for some
considerations.
Theatrics
Must be Curbed
However, the presiding Judges will have to ensure that the courtrooms are not converted into places of theatrics. There is no dearth of such advocates who may adopt the recourse of dramatics to get cheap popularity. We see that even the live telecasting of the Lok Sabha and Rajya Sabha has not been able to inject a sense of responsibility among the members of parliament. Therefore, the judges will have to take extra care to ensure that some advocates do not hijack the court discipline for cheap publicity. The other problem will be the spread of unverified news through social media because it is absolutely unregulated in our country, so they often think that any oral observation or comment made by the judge or the advocate is of great importance. In order to sensationalise the comments, social media often gives go-by to contents and wings to oral observations.
Live streaming is going to be a game-changing reform in the judicial system of the country. As a matter of fact. Section 153 B of the Civil Procedure Code and Section 327 of the Criminal Procedure Code provides for the open court hearing in the CPC and Cr P C. The only exception has been the hearings of the cases related to sexual crimes against women because the intent was not to disclose the identity of women. When this provision was inserted, there was no scientific development to provide more publicity. Only the print- the journalist was allowed to report for the general consumption of the public.
The judgments of the Supreme Court and High Courts were also divided into two categories namely, reportable and non-reportable. It was left to the discretion of judges to decide whether it was reportable or not. The basic criteria for the same are considered that if a judgment is of ‘in rem’ category then it should be published but if it is ‘in personem’, then not to be published. Anyway, with the passage of time, the demand for the telecasting of news proceedings gained ground. A few High Courts namely Patna, Madhya Pradesh, Chattisgarh, Rajasthan, Gujrat and Karnataka took have started partially telecasting their important judgment for the benefit of the general public.
Live Streaming: Useful for Law Students and Teachers
Live streaming will be immensely beneficial for law students and teachers who can watch the proceedings in their classrooms. It should be made mandatory for all law colleges and all judicial academies as part of their practical training. Many law colleges have been conducting tours to the Supreme Court and High Court so that their students could see the proceedings but now they do not have to bother about visiting different courts which will be available on the TV sets. Coming to the courts was a marathon and complex exercise for them and their teachers, right from taking permission from the Registrars for a limited number of students to getting their entry passes to the courtrooms.
Friday, August 19, 2022
New Electoral Rolls of J@K will Help Integration of the State
The Government
of Jammu and Kashmir must be congratulated for two bold recent decisions after
the abrogation of Articles 370 and 35 A from the Constitution of India. One is
to make Hindi the official language of the state apart from Urdu and the second
is to grant voting rights to nearly 25 lakh people, who have been living
there for decades together but were deprived of their legitimate rights.
This
gerrymandering and the delimitation of the state along with the new electoral
rolls will go a long way in the integration of Jammu and Kashmir with the rest
of India. Was it not an insult to lakhs of refugees who came from Pakistan and
settled down in Jammu and Kashmir but were denied voting rights? So much so,
that thousands of Valmikis, who gave everything in the service of J@K for
generations did not have voting rights for 75 years. Sikhs, who came from the
western side of the border and were domiciled in the state yet were denied
their voting rights.
The law says
that anybody who has lived for six months at any place would be entitled to get
his /her name registered on the voters' list. This is how any employee who has
been working in Assam for more than six would have voting rights in the state
but if he/she is transferred to Kerala or any other state and stays there for
six months would be entitled to get his/her name registered in the voters’
list. But it was a different story in J@K because of the obnoxious Articles 570
and 35 A. Is it not strange that those who went from other parts of the
country to the J@K and worked for it were not welcome to participate in the
electoral democracy of the state?
It is well
known that Dr Ambedkar was dead against the inclusion of Article 370 in the
constitution of India. It is a part of the written history that when Sheikh
Abdulla at the instance of Pandit Nehru went to meet Dr Ambedkar and pleaded
for the inclusion of Article 370 in the constitution, he is reported to have
told him ( Sheikh Abdulla) that how could it be possible that the people of the
whole country should pay taxes to be utilised in J@K and yet they do not have
any say in the affairs of the State? The Indian army was there in the J@K
but they cannot be allowed to have any sense of belonging to the State. This is
no way to make the State an inalienable part of India. Sheikh Abdulla was
speechless but with the support of Pandit ji, he had his say.
Think of the
situation when people coming from different of the country to live in Delhi do
not have voting rights. By this logic, nobody can settle down in other
parts of the country. Must it be mentioned here that comparatively in a
small place like Varanasi, thousands of Biharis, Bengals, Odia, Marathis,
Gujratis, Tamilians, Malayalis, Assamese and Telugus have got the same rights
as are available to the locals and nobody resents? In fact, it is a matter of
pride for every citizen that he/she can settle down in any part of the country
and can enjoy the same privileges as are available to other locals. This is the
best way to have the emotional and psychological integration of the country. Therefore,
the Modi government has done splendid work for the real unification of
Jammu and Kashmir with the rest of the country. The Kashmiris should rejoice
over this remarkable feat as till now the people from the rest of the country
have been treated only as tourists in the State.
Monday, August 15, 2022
Painful Partition of India
Going through the popular column of journalist Vivek Shukla ‘Dilli dil se’ in a Hindi daily of Delhi provides enormous profit and immense pleasure. It is simply engrossing and enlightening. His pen portraits of the historical places and the history of Delhi leave an indelible mark on the mind. It is the simplest way of recounting history. However, the stories of the monumental tragedy of the partition of India in 1947 grip any reader with extreme sadness, agony, anguish, and anger. Partition of India of India, without doubt, was the most incredible human catastrophe in which lakhs were killed, millions were uprooted, and properties worth billions were destroyed. The biggest onslaught was faced by women who were raped, ravished, and killed by devils.
‘Train to
Pakistan’ by Khushwant Singh and ‘Jhhotha Sach’ of legendry Yashpal or ‘Tamas’
of Bhishma Sahni has given a vivid picture of death and destruction that was
caused by the division of our motherland. It is true that the refugees,
who came from the western part of undivided India to settle down on this side
of India were more adventurous than those who came from the eastern part of the
country. And within a few years, they got acclimatised to the new atmosphere
and started contributing in a big way to the development of the country.
It is only
through his columns, that most of us have come to know that big hospitals in
Delhi like Ganga Ram, Moolchand or Kapur had their roots in Lahore. The
assiduous efforts that he makes in presenting and reliving history are
commendable. One has to wade through the emotional pangs of partition
which is found in abundance in his columns.
Refugees from both sides of the border have
been settled in different parts of the country. A large number of Sindhi
refugees can be found in Sagar, Gwalior (Madhya Pradesh), Mumbai and Delhi. The trauma of their predecessors leaving Sindh should be brought to light. Similarly,
those who came from the eastern side have been largely settled in Odissa, West
Bengal, Bihar, Assam, Tripura and Uttar Pradesh. Local newspapers would
do well if they let the local population know the pains and sufferings, that
the forefathers of the refugees had undergone while leaving their homes and hearths
to entirely places.
Sunday, July 31, 2022
Rashtrapati is 'gender neutral' like ‘Crorepati and Lakhpati’
The credit for coining the words like ‘Rashtrapati’, ‘Shri’ and ‘Shrimati’ for the ‘President of India’, ‘Mr’ and ‘Mrs’ go to famous Hindi journalist Baburao Vishnu Paradkar when he was the editor of the daily Aaj of Varanasi. Hindi journalism has produced six great editors- Baburao Vishnu Paradkar, Rajaram Khadilkar, Lakshman Narain Garde, Ambika Prasad Vajpayee, Pandit Kamla Pati Tripathi and Vidyabhaskar. Pandit Kamlapati Tripathi later left journalism to become an active politician. This group was later known as ‘Five Greats of Hindi journalism. Incidentally, all of them had their roots in Kashi and some association with Calcutta. The first three of them were Marathi speaking and the last one Pandit Vidyabhaskar was Telugu speaking. Only Ambika Prasad Vajpayee and Pt Kamla Pati Tripathi belonged to the Hindi heartland. It must be mentioned here that Hindi journalism was born in Calcutta, and it was from here Pandit Jugal Kishore Shukla brought out ‘Udant Martand’, the first Hindi newspaper in Devnagari script in 1826.
There was a big debate that why the President of India should be called ‘Rashtrapati’ and what will happen if any lady becomes the President. Pandit Kamlapati Tripathi, who was also a renowned journalist and politician, was also consulted on this issue. He is reported to have sided with Paradkar ji that the ‘Rashtrapati’ could not be gender specific. The words ‘Pati’ and ‘Patni’ are used in almost all Indian languages. Therefore, the excuse offered by the Congress leader Adhir Ranjan Chowdhury over calling Draupadi Murmu Rashtrapatni instead of Rashtrapati because of his being a non-Hindi knowing person is lame and unconvincing.As a matter of fact, the use of the word Pati in Rashtrapati is in the sense of ‘Swami’ (Lord) as those of ‘Crorepati’ and ‘Lakhpati’, which is applicable for both genders. ‘Shri’ means ‘Lakshmi, which connotes feminine gender, Paradkar ji gave a very convincing logic that a male person can be addressed as ‘Shriyut’, ‘Shriman’ or ‘Shri’ (Blessed with Lakshmi), which is much better than that of ‘Mister’ or ‘Mr’. A woman having the qualities of the Lakshmi would be called ‘Shrimati’. However, this word became rigid to be used only for married women and unmarried women got to be addressed as ‘Kumari’.
This dilemma continued for the post of Pradhanmantri for some time also when Mrs Indira Gandhi became the Prime Minister. Some overjealous Hindi enthusiasts initially addressed her as ‘Pradhanmantrani’. But thanks again to Kashi journalists, this tangle was resolved, and it was made sure that there would be no distortion of the word ‘Pradhanmantri’ regardless of the gender of the person holding the post. This dilemma continues even in the Supreme Court and High Courts, where some of the Advocates address the lady judges as ‘Your Ladyship. This controversy can be resolved only when a gender-neutral word like ‘Your Honour’, Sir or Madam is used for both male and female judges. The same is also true about "Rajyapal' and 'Rashtrapita' ( father of the nation).
Friday, July 15, 2022
Annual Conference of Darshan Parishad at Azamgarh will provide impetus to locals
My friend Ravindra Nath Tripathi, an Advocate practising in the courts of Azamgarh has sent me an invite to the annual conference of Uttar Bharat Darshan Parishad, which is being organised on the campus of the prestigious Children College and Schools of Azamgarh. In a way, it is the most appropriate place to hold this annual conference. This conference will impel the new generation of students to develop and broaden the horizon of their rational thinking. It is situated a few kilometres away from the din and bustle of the town in a tranquil ambience of the village Belaisa. It is being held for three days from 15th to 17th July. Azamgarh is the land of Rishi Duravasa. A village named after Rishi Durvasa is located on the confluence of rivers-Tamsa and Majhui and it has acquired the status of a pious pilgrim centre, where people from far-off places assemble for three days in the month Kartik for holy dips in the Sangam.
Azamgarh has been systematically impoverished by the Moghuls and Britishers. It is said that the water of the river Tamsa has the ingredients of rebellion, which is traced back to Rishi Durvasa. It was the centre of the first war of Independence of 1857. It finds mention in the famous book of Vir Savarkar, wherein he described the valour and the bravery of the people under the leadership of Babu Kunwar Singh, who had set up his camp at Atraulia some 35 km away in the west of Azamgarh while marching towards Lucknow.
Azamgarh, as the name suggests was found in 1665 by Azam, son of Vikramajit Singh. Vikramajit Singh was a descendant of Gautam Rajput of Mehnagar, who had embraced Islam. He had a Muslim wife who bore him two sons Azam and Azmat. While Azam gave his name to the town of Azamgarh. Azmat constructed the fort and settled the bazaar Azmatgarh of Pargana Sagri. Another Bais Muslim Rajput, Shibli Nomani worked hard for Pan Islamism and set up the famous Shibli National College and Darul Mussanfin in Azamgarh. His brothers were educated in England and one of them became the Judge of the Allahabad High Court.
Shibli Nomani had although taught at Aligarh Muslim University yet had serious differences with Sir Syed Ahmed Khan and always found the atmosphere of the Aligarh intellectually very suffocating. Shibli was inspired by the progress of science and education in the West, but his attitude was sectarian and not broad-based.
The name of Kedarnath Pandey aka Rahul Sankrityayan, known for his itinerary and philosophical writings is also associated with it. But those who gave new heights to literature and philosophy were Pandit Ayodhya Singh Upadhyay Hariaudh, Pandit Shyam Narayan Pandey and Pandit Channu Lal Mishra. My classmate at Banaras Hindu University and aficionado of Indian Philosophy Dr RK Mishra, who expired last year due to COVID would have been the happiest person to have participated in this philosophical congregation as he, like me, also belonged to Azamgarh. Although I am in not able to participate in the programme due to many reasons, it would have been a celebratory occasion for me as it was going to provide a good opportunity to meet and listen to philosophical expositions of scholars. Moreover, it is being held in Azamgarh, where eminent thinker-teacher of Philosophy Dr Sabhajit Mishra is being honoured by the Parishad.
Bhai Ravindra Nath ji, I send my best wishes for the roaring success of the annual conference, being organised under the illustrious guidance of Professor Bajrang Tripathi.
Parmanand Pandey
Saturday, July 2, 2022
S C Must Clear its Obiter Dicta Observations in Nupur’s Case
Friday, June 17, 2022
Missive of Retired Judges to the CJI is unjustified
Monday, June 13, 2022
Arun Shouri’s Latest Tome is Worthless Through and Through
Arun Shourie’s latest
book ‘The Commissioner for Lost Causes’ is absolutely boring and insipid, and
it does not enlighten in any manner whatsoever. It is an account of the self-righteousness of Arun Shourie. Let it be said that it has unfortunately
now become a new trend or fashion for most of the journalist-writers to tom-tom
about themselves. In the book, Shourie has reproduced long reports from
newspapers, official files or the letters that he had written earlier to
buttress his own conclusions. In some places, he has praised Ram Nath Goenka,
the owner of the Indian Express Group of newspapers but at many times he has
traduced him in his book. Ram Nath Goenka was called RNG by his well-wishers
and admirers, however, for workers he was always Lalaji. In the eyes of Shourie, he was intrepid, fearless and courageous till he subserved the interests of this
self-styled thinker. But when RNG started reining him in, Shourie brought forth
his all demerits of an actor, of being uncouth and ugly behaviour, of being
abusive and vulgar. Needless to say, it was RNG and his newspaper Indian
Express which made Arun Shourie a famous person by allowing him to shine and
swell his image among the politicians and bureaucrats. Lalaji was never a
lily-white person, his activities like most of the other businessmen were shady,
whose all works were aimed at making a profit of all types, yet he was many times
very magnanimous towards those employees, editors included, who were ready to
perform the duties of a personal factotum.
This is a bulky book
by Arun Shourie containing nearly six hundred solid pages and has as many as 29
chapters but the crux of almost the entire book is the self-glorification or
self-eulogy of the writer. The credit must certainly be given to a person like
Shourie, who despite no training or experience in journalism, managed to be
foisted as a senior /executive editor on a dedicated team of journalists by
virtue of being a member of the elite club of the Lutyens Delhi. He was
brought to the Indian Express because of his proximity and high connections
with powerful people. Lala ji gave him full freedom to publish lengthy reports
taken directly from the official files. Some of them were passed on to him by
Lallaji himself and some of them were obtained from his own sources. Those
reports might not have been able to any interest to the common people, but they
were enough to set the government(s) on fire. Shourie has also had the
knack of appropriating the stories of his own reporters, which got his ego
massaged.
Arun Shourie has
painted Lala ji with a black brush time and again in the book, but Lalaji was
no less clever than him. He also used Arun Shourie as a hack, wherever it was
needed. Lalaji used to shower choicest abuses on his adversaries and editors,
as was his wont, and Shourie has reproduced them as they were hurled. Shourie’s
selfishness to outshine other senior editors and journalists by becoming the
eyes and ears of Lalaji is clearly visible in all the chapters.
Arun Shourie has
always been anti-worker. He has discussed the two strikes of workers: one
in Bombay (now Mumbai), which was organised under the leadership of the late Dr
Datta Samant and the other in Delhi in the year 1987. He has not discussed at
all the working conditions or the demands of the employees but has made all-out
efforts to blame the strikers. During both the strikes, Shourie played the role
of a shameless strike breaker. What could be more reprehensible for a so-called
intellectual like Shourie to invest his time and energy in breaking the strikes
than suggesting any respectable solution? He identified fifth columnists among
journalists who were/are dime a dozen and black sheep among workers by
luring them with various blandishments. He has taken umbrage that why the
employees of other newspapers came forward to help the striking workers of
Indian Workers in Delhi. This shows the colossal ignorance of the person about
the Trade Unions, where the unity of other workers is not only fully justified
but the real Mantra of the movement.
Lo and behold! Shourie
after being kicked from the shop of the Lalaji developed his proximity with
politicians but feigns ignorance about the shenanigans of politics. He tries to his readers to believe that the Membership of the Rajya Sabha was given to him
on a platter, although he was reluctant to accept it. His description of the
offer, election to the Rajya Sabha and later the ministership is economical
with the truth.
Shourie has
praised the judiciary and the judges only when it suited him. So long judiciary
and the judges helped him and Lalaji in achieving their goals, they were
alright but when it did not suit, he did not hesitate in turning against them.
Lalaji and Shourie virtually converted their newspaper into a journalistic
harlotry and a tool of blackmailing. Anybody who went against them, be it a
worker, a journalist, a politician or a trade unionist was tarred with a bad
name so as to hang him/her with heaps of ignominy.
Just as Rajiv Gandhi
was brought to heels on the issue of Bofors guns with the help of some
politicians, Arun Shourie and his ilk tried to blackmail Narendra Modi by using
the Rafael fighter planes to get the pounds of flesh. But Arun Shourie and his
cohorts like Prashant Bhushan and Yashwant Sinha had to eat humble pie as they
did not get support from anywhere. Arun Shourie and his company forgot that
Narendra Modi was made of different mettle, who cannot be blackmailed because
of his squeaky-clean politics. That is the reason Shourie, and others got
rebuffed by the judiciary and the CAG. Now Arun Shourie’s words are taken with
a pinch of salt because his true colours have been known to everybody.
Coming again
about the book, it will be a sheer waste of time in going through this
worthless tome. The book is an example of hollowness. It looks like the
writer is unaware of the fact that self-praise is no recommendation.
Saturday, June 11, 2022
Violence After Prayers Stinks of Obnoxious Conspiracy