Saturday, April 10, 2021

Yogi has come out with flying colours in dealing with goondas

 

  Yogi Adityanath’s name will be written in golden letters for reining the anti-social elements, goondas and mafia dons, who had infested the entire state of Uttar Pradesh during the long misrule of all parties. There is still a lot to be done but even then, what he has done has, undoubtedly, brought huge relief to the people of the state. Lawbreakers flourished particularly during the dispensation of Mayawati and Mulayam. Akhilesh Yadav should be considered as the extension of his father. In fact, the goonda elements of his father’s time got more pampered and became more emboldened during his regime.  Goondas have no parties; they keep on switching their loyalty with the change of regimes. For example, Ramakant Yadav, who has been in almost all major parties is now with the BJP in the hope that he would continue to get protection but thanks to Yogi ji, he is feeling suffocated in the party and the days are not far away when he will say goodbye to it. Thanks to Yogi and not to the Party.

    Not a long ago, the state was reeling under the terror of the likes of Mukhtar Ansari, Hari Shankar Tiwari, Atique Ahmad, Ramakant-Umakant Yadav brothers and Azam Khan etc. were considered to be big fishes but there have hundreds of tinpot musclemen in the state when the district administration used to dance to their tunes. Ansari brothers have had complete sway in the entire eastern Uttar Pradesh. No officer had the courage to cross their paths. Once Mukhtar Ansari was coming from Varanasi to Mau (which was then the part of Azamgarh) and the car of the DIG of the Police of that range overtook his cavalcade. He got so infuriated that he asked his driver to overtake the car of the DIG Police, which he dutifully did. After overtaking the DIG’s car, Mukhtar Ansari got down and hurled the choicest abuses on him. The DIG felt deeply humiliated and insulted but was helpless because Ansai’s benefactor Mayawati was at the helm of Uttar Pradesh at that time. Ansari used to wield the same, in fact, more influence in the time of the hair-brained socialist politician Mulayam Singh Yadav and his bumpkin son.

 

   It is the fear that Yogi ji has now drilled in the mind and heart of these goonda elements that do not even apply even for the bail because they know that they would be dealt with the same coin which they understand well. Earlier they considered themselves to be the monarch of all they surveyed. No DM or SP had the courage to lock horns with them. Jails had become their hunting grounds. All jail mates were at their beck and call.  One may not believe but it is a reality that there is an Advocate in the Supreme Court, who is remotely related to Mukhtar Ansari, but he will always sing paeans in his praise. He often says that Ansari has been helping in the marriages of the daughters of all communities. Generally, this modus operandi is adopted by most of the goondas and extortionists. Mukhtar Ansari has also been doing the same thing just to get some public support.  These people hardly find any fault in the spree of loot, murder and extortions by the bad guys. In fact, they build up their image of Robinhood of ‘robbing Peter and paying Paul’ to win the elections.

    The shamelessness on the part of the Congress Party is all the more worrying which has been criticising the Yogi government to bring Mukhtar Ansari from Punjab to UP jail, where he was flouting all the rules of the jail book in Ropar jail. He was allowed to have an ambulance, that too, with a fake registration number. It was more a battleship than an ambulance.

    Law and order are the prerequisites for the progress of any state. The basic responsibility of it goes to the head of the state. Needless to say, that Yogi Adityanath has come out with flying colours in controlling the crime and criminals in Uttar Pradesh. Promotion and protection of goondas have been mainly responsible for the tardy or no progress of the state. 

 

 

 

 

 

Sunday, April 4, 2021

How come UPeans and Biharis are Outsiders (bahiragat) in West Bengal but not infiltrators?
Mamata Didi has been using the word ‘bahiragat’ (outsider) in her campaigns in the Bengal assembly polls. This is mainly to deride Hindi speaking people living in West Bengal. UPeans, Biharis and Marwaris have been having their relationship with Bengal for centuries. Some of them have gone there as employment generators, money makers, traders, and industrialists but lakhs have gone as labourers, workers in plantations and many other industries like Jute and fisheries. They have fully imbibed the culture of Bengal but never before they were ridiculed, mocked or insulted in the manner, Mamata Didi is doing these days.
This shows the extreme frustration of the lady, who has been known for her simplicity. It was thought that cut and corruption would be controlled but it has grown beyond all proportions in her ten-year rule. Her ire, however, these days are reserved for Hindi wallas. There appears to be no reason why millions of Bangladeshi infiltrators, who have completely destroyed the economy and the demography of West Bengal are welcomed with open arms but not those who are the proud and bonafide citizens of the country? Rohingyas, who have also been entering West Bengal in droves through Bangladesh have been settling in West Bengal without any fear from the administration and from there they are moving to the other parts of the country. These infiltrators were previously the die-hard supporters of the left front government but later they switched their loyalty to Mamata. It is because of this reason; she has been opposed to Citizenship Registration. India is perhaps the only country in the world, where infiltrators do not have to fear being expelled or extradited as they get massive support on the communal ground from the politicians for voting en block.
Is it not ludicrous to say our own citizens as the outsiders and infiltrators as brothers and sisters? These Bangladeshi infiltrators have posed a huge threat to the integrity of the country. The massive concentration of the Muslim population in Tripura, Assam, West Bengal, and the Seemanchal of Bihar often raise anti-India slogans. So much so, a student leader has recently threatened to cut the chicken neck of India connecting West Bengal and Assam due to the dominance of the Muslim population.
There is no gainsaying that unless the people remain alert the governments cannot do much, more so, when the system of governance has been hollowed over the years by the termites of corruption.
It is mentionable that there is no town in Eastern Uttar Pradesh or Bihar where Bengalis do not live in very large numbers. They have been getting immeasurable love and affection from the local populace. In fact, the first women Chief Minister of any state in the country was a Bengali – Sucheta Majumdar (Kripalani) of Uttar Pradesh. Neta ji Subhash Chandra Bose drew the biggest support for his Indian National Army from the UP and Bihar. On a personal note, I can say that majority of my teachers in the BHU were Bengalis. There was one teacher in our BA English classes, who insisted on our reading especially the Statesman of Calcutta, which was available at least eight hours late in the evening time, while other newspapers were being distributed in the morning. We use many words like Bhaat (rice) because of the Bengali influence and yet this discrimination by Mamata Didi against UP and Bihar is really painful and an unadulterated lie and deserves to be denounced.

Monday, March 29, 2021

Rename High Courts after their States

 The PIL lawyer and my friend Asok Pande (this is how he writes his name) from Lucknow has been campaigning for the change of name Allahabad High Court and redetermination of the territorial jurisdiction of Allahabad and Lucknow Bench of the High Court. His demands are absolutely logical, and the Parliament must take up this issue in all seriousness, not only with regard to the Allahabad High court but also about other High Courts to change their names so as to bring about consistency and uniformity.   There are three High Courts- Calcutta, Bombay and Madras, which are the chartered High Courts. In all only six High Courts, which are named after the cities and not after the states over which they have territorial jurisdictions. Allahabad, Patna, and Guwahati are the other three among the six.  Other 19High Courts are named after the states they exercise their territorial jurisdiction. Goa is, of course, an exception, which has a bench in Panjim but that

comes under the Bombay High Court. Punjab and Haryana High Court has its seat in Chandigarh, which is a Union territory. Why the names of the High Courts are not changed even after nearly 75 years of independence defies all logic. Why should the name of Allahabad High Court be not changed to Uttar Pradesh High Court shows the insensitivity of the politicians, who have ruled the state at various points of time, legal fraternity in particular and people in general. The name of Allahabad has rightly been changed to Prayagraj signifying the confluence of Ganga, Yamuna and invisible Saraswati. The name of AllahabadHigh Court was given in 1919 by the King of England. Earlier from 1866 to 1919, it was known as the High Court of North-Western Provinces. High Court of Oudhhaving its seat in Lucknow was merged in 1948 after the state of   Uttar Pradesh was created. Way back in1964 when Kesav Singh’s case was referred to the Supreme Court by the President of India under Article 143 of the Constitution to delineate the powers of the assembly and the High Court, theSupreme Court had used the ‘High Court of UttarPradesh’ at least eleven times in its judgment. Our intent here is not to discuss KesavSingh’s case but why should it not be called the High Court of Uttar Pradesh is certainly very ridiculous? In paragraph after paragraph, the High Court of Uttar Pradesh has found its echo. It reverberates in paragraph 14 (1) (2) and (4). Similarly, in paragraphs, 134 (1), (2), (3) and 4,209, 211 and 218, the High Court of UttarPradesh has been mentioned. However, to be fair, the Supreme Court has also mentioned at many places the Lucknow bench of Allahabad High Court. Therefore, while at the time of removing the anomaly of the skewed jurisdiction of Allahabad and Lucknow, the Parliament must carry out the changes in the names of the High Courts so as to have no anachronism. Judges and lawyers can also, do it on their own as the High Court of Uttar Pradesh has got judicial sanctity from the Supreme Court of India.

Saturday, February 27, 2021

 

        Let Ignorance Remain Bliss for Justice Katju

  Justice Markandey Katju and Justice Abhay Thipsay have got eggs on their faces from the District Judge Sam Gooze of Westminster Court of London, who rebuked them for their ill-thought advise in the case of the fugitive Neerav Modi. These two gentlemen reposed more faith in the British Court than in the Indian Courts by advising that Modi could not get a fair trial in India. But now when they have got raps on their knuckles, they must think of improving the judiciary in India rather than playing to the gallery in a foreign land. One wonders how and why at all, persons like Katju were elevated as the judge of the High Court? He is a braggart by nature, uncouth by behaviour and indecent by habits, he was a publicity-hungry judge. Once he had to tender an unqualified apology to the three-judge- bench of Justices Ranjan Gogoi, UU Lalit and PC Pant when contempt of court proceedings was initiated against him. He has hardly delivered any judgement of any consequence to be cited as the precedent for future cases.

   He claims that he is more popular in Pakistan than in India for his judgments replete with Urdu poetry and many other reasons. He is on record to have stayed the extradition of more than two hundred Pakistanis, who came to India on tourist Visa and overstayed in India with their relatives. Some of them got married in India, made families, and died in India. It was a common joke in those days that no Pakistani citizen could be sent back from Uttar Pradesh till Justice Katju was a judge in Allahabad High Court. The height of his perversion was limitless. Once he was making fun of a very senior lawyer in the Supreme Court by saying that ‘Mr Counsel when I was an Advocate in Allahabad, I used to come to the Supreme Court to listen to your argument but now as a Judge, I find them very frivolous’. The entire courtroom was taken back by his uncouth behaviour.

   There is nothing wrong to subscribe to any political philosophy. After all, judges are also the part of the same society but when they have served the judiciary as the member of the Bench they cannot behave in an eccentric manner.   Justice Thipsay is now a member of the Congress Party. His predilections as the Judge of the Bombay High Court were also known to everybody. Be that as it may, he has, as the former High Court judge is not expected to run down the judiciary of his own country vis-a-vis the foreign judiciary.  Once, it has happened earlier also, when Jack Anderson of Union Carbide fled out of India, some money-spinning, the so-called great lawyers had suggested the Government of India file the cases of damages/ compensation for the victims of the Bhopal tragedy in the American court because they thought in that case victims would get more compensation, but they had no face to conceal when the American Court told them to file the case in any Indian court only.

  There is no doubt, that the Indian judiciary suffers from many flaws as all is not hunkidory, but it does not mean that we should outsource our judicial system to other countries. The less said about Justice Katju, the better. He has said many times that 95 per cent of Indians are fools. When he was the Chairman of the Press Council of India, he used to say that 90 per cent of journalists were idiots. Nobody knows what yardstick he applies to know or fathom the depth of foolishness of others. Anyway, it is good that he is oblivious to the opinions that others hold about him. Let Ignorance remain Bliss for him.

 

Wednesday, February 24, 2021

 No Disrespect is Intended to ‘Your Honour’

On 23rd February, two incidents have happened in two different courts of Delhi. One relates to the Supreme Court of India and the other one has come from the court of an Additional Sessions Judge. In the first case, the Hon’ble Chief Justice of India has asked a law student not to address the judges of the higher judiciary as ‘Your Honour’. This has left the community of lawyers in a quandary because the Bar Council of India, an Apex Body of the lawyers amended the rules many years back that the judges of the High Courts and the Supreme Court should be addressed as ‘Your Honour’ not as ‘Your Lordship’ and ‘My Lord’ because it is a British legacy.
It is really very perplexing as to how ‘Your Honour’ could be demeaning or disrespecting, merely because this is how the judges of the US Supreme Court are addressed.? It shows that we are still warped in the time zone of British slavery. In the US Supreme Courts (there are many Supreme Courts in the US) the same respects are accorded to judges and the majesty of law as it is in other democratic countries including India. The way of addressing the courts should be respectful without showing even a trace of servility. The term ‘Your Honour’ is certainly highly respected and is free from the vestiges of servility. Then why has Justice Bobde, who is immensely decent and courteous to the lawyers, felt that ‘Your Honour’ is not the proper way of addressing the judges of the higher Judiciary in India?
It is mentionable here that Justice S.Muralidhar, who is now the Chief Justice of Odisha High Court, as the judge of the Delhi High Court had the specific instructions that he should be addressed as ‘Sir’ and not as ‘My Lord’. For which he earned the laurels of the advocates. The Bar Council of India should now again take the call and settle this matter once for all that judges of all courts, irrespective of lower or higher courts, should be addressed in a respectful manner as ‘Sir/Madam’ or ‘Your Honour’ and the term ‘My Lord’ or ‘Your Lordship’ should be dispensed with for always.
The second case relates to granting of bail to a young woman activist by an Additional Sessions Judge of the Delhi court. The wise words of the late Justice Krishna Iyer that Bail is the norm and Jail is an exception has now become a cliché mantra. The primary objective of the bail is not to detain and arrest an accused person but to ensure his/her appearance at the time of trial and to make sure if the accused is held guilty, he/she is available to suffer the consequence of the offence.
Every citizen of India has a fundamental right to freedom guaranteed under Article 21 of the Indian Constitution, which specifically states that "No person shall be deprived of his life or personal liberty except according to the procedure established by law." Any individual, who violates the law of the land, is bound to face consequences as per the law and in such a case, his/her freedom may be restricted depending upon the gravity of the offence. Therefore, a balance has to be struck between the right to individual liberty and the interest of society.
However, the pontification of the judge that ‘the offence of sedition cannot be invoked to minister the vanity of governments’ is highly uncalled for. Further to say that ‘the evidence is scanty and sketchy’ amounts to not only interference in the investigation of the case but is also akin to the acquittal of the accused, while the investigation is still at the primary stage. Such observations do not cover the judiciary with any glory and therefore, must be avoided.

Sunday, February 21, 2021

 Phoney Protest against Petrol and Deisel Prices

   The demonstrations against the rise in diesel and petrol prices at some places are like a déjà vu. Decades ago, there was an agitation of students of law faculty of the Delhi University against the rise of the tuition fee of nearly five Rs. Students were asked by their leaders to march to the office of the Vice-Chancellor, which was less than a Kilometre away from the law faculty. There was full volume sloganeering against the exorbitant (?) rise in the tuition fee. Some of them sat on a dharna, they were goaded and supported also by some disgruntled teachers.

   The Vice-Chancellor was a gentleman, he came out of his office and asked the students about the reasons for staging the demonstration. He patiently heard some of the student leaders and then asked some questions to them like how much they spent every month? In those days, a cup of good ice-cream or a piece of chocolate was costlier than the whole month tuition fee of students. But no rich boy or girl student was ready to give up even one ice cream or a piece of chocolate to help support any other needy student. Here also no one is willing to stop burning petrol in fancy cars or asking the so-called farmers to help needy peasants by their tractors.  

  Even during lock down the sale of cars of all categories registered a big rise. Car purchasers were fully in the know of the fact about the imminent rise in the petrol prices, yet they did not baulk for a moment. An increase of Rs 50 per cylinder is being projected as if heaven has fallen on them despite knowing the fact that crores of poor people are being provided heavily subsidised cooking gas cylinders every month. More than eighty crore people were given five kilogrammes of rice/ flour and one kg dal/ chana every month for eight months in addition to Rs five hundred per month in cash. Not even one person is reported to have died of starvation during this biggest epidemic in the known history of mankind.

  The massive management of resources and their proper distribution with the help of technology is a historic feat of the central government. The distribution system has wonderfully worked with almost negligible corruption. The famine of Bengal of 1943 at the time of the Second World War sends a chill down the spines, which took a toll on more than three million people. It had happened when the combined population of East and West Bengal was only six million. Now the population of the county is above1350 a million and, that too, when the entire country, nay the world has been in the grip of the Corona pandemic.

  Manufacturing and business activities had come to standstill in the COVID time and yet there has not been any shortage of essential commodities. Prices remained almost stable. The country could proudly boast of producing COVID vaccination and enough medicines to supply scores of other countries. An enemy like China was beaten hollow on the border. The morale of the country remained very high. After all, when the help is being freely provided to the vulnerable section of the society, its cost has naturally to be passed on by those, who can afford it. 

  The consumption of Petrol and diesel has gone manifold in the last few years. The increase in their cost is but natural. So, the well-fed persons, who are seen protesting against the marginal rise in the prices of gas cylinders, petrol and diesel are politically motivated perverts and they must be rebuffed with the contempt they deserve.     

Sunday, February 7, 2021

So-called Farmers’ agitation is bound to fizzle out.

The so-called farmers’ agitation is destined to fizzle out sooner than later because it was started by wrong people for an absolutely wrong cause. It is inexplicable why persons like Rakesh Tikait fell into the trap of those people whose hostility to India and their inveterate opposition to Narendra Modi, regardless of any merit is well known. One fact, however, became clearer that Jats can never work against the interests of the country. They did not cause any damage to the national property either on 26 January or 6th February despite instigations from perverts.

   The vacuity of agent provocateurs can be understood from the fact that they are depending on the support of some international bimbos, who have no understanding of the agriculture in India. Now a name of Meena Harris has come up in support of these Jonnies. Till yesterday nobody knew who she was? But today we have come to know that she is an American lawyer whose cause-celebre is that she is the niece of USA’s new Vice -President Kamala Harris.

   This Meena Harris must, therefore, be having easy access to her aunt Kamala Harris, who has now become a powerful woman by virtue of the office that she holds. Then the first thing she should do is to convince her aunt Kamala Harris to enact laws for providing subsidy and MSP to American farmers, which has never been given to them. So much so, the USA even asked India to abandon giving subsidy to farmers. She should also ask her aunt to say the Canadian Prime Minister Justin Trudeau, to extend the subsidy to his own farmers, which he wants to be stopped for Indian farmers. Justin Trudeau is the supporter of the farmers agitation in India for the reasons known to even a dolt.

  It is true that Chinese and Pakistanis are burning the midnight oil for fomenting trouble in India in the name of farmers agitation but there is no need for the government to be disturbed over the tweets of the porn stars and pop singers, who are always prepared to tweet on any or every topic for a fee. So far, the so-called Kisan agitation has not got any official support from any country. In fact, the new administration of the USA under President Joe Biden has even appreciated the new farm laws of India. Therefore, there is no need for the Government of India to take any note of the non-state actors. 

   The suggestion of the BJP leader Subramanian Swamy is also worth considering that the implementation of three laws should be left to the state governments. If that is done, the state governments will soon realise the importance of the new laws.