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Sunday, October 29, 2017

Judicial Quandary



I wonder what it would be like if people filed petitions in the US Supreme Court on the size of Christmas trees or the number of candles to be lighted. It would be even more specific if they demanded a limit on the thickness and length of the candles. The number of PILs in the Indian SC keeps dramatically going up. Almost every single day, or at least week, the SC seems to be ruling on some PIL or the other. A number of these PILs pertain to restricting Hindu festivals, customs and celebrations. Some of these don’t even need to be entertained by the judges. Here is what a former HC judge had to say:

There are always two sides to a coin. There will be people who will try and exploit [PILs], whether courts allows themselves to be misused... that is where the wisdom of the courts lie”. – Former Delhi HC Judge, Justice RS Sodhi

On October 27 Arun Jaitley, in an interview with Arnab Goswami of Republic TV, was remarkably candid in a direct criticism of the courts and judges:
 
The admission of certain PILs and the rulings thereon have become a serious concern to many, especially those on Hinduism and Hindu practices. Recently, some moron even went to Madras HC over the movie “Mersal” containing some inaccuracies about GST or taxes on liquor and medical treatments. I really don’t understand why such a frivolous petition should even be admitted by a HC, let alone be ruled on. It should have been summarily dismissed as frivolous. But the Madras HC ruled as under:
The irony in HC’s ruling seems totally lost on our judges who are very touchy when it comes to their own domain. Ever been to a court? Especially to a trial court? This is how courts are shown in Indian movies:
 
Nowhere will you find trial courts so neat and tidy. It is even frivolous to find a defendant and a witness being allowed to argue with each other during proceedings. It is unlikely that you will find two witness boxes in most trial courts. Indian movies are known to portray courts in a most idiotic manner and it goes without saying that it is pure fiction and that the producers only dramatize their imagination. And since “Mersal” was mere fiction and imagination the HC ruled on it. But, when it came to another movie, Jolly LLB, the HC took objection to the court being shown in a bad light:
 
Not only did the Bombay HC take objection to the court being portrayed badly, it even ordered some scenes to be deleted. Why? Was Jolly not as much fiction and imagination as “Mersal” is? And if “Mersal” has the license to FoE and imaginative work why does “Jolly” not have the same license to portray courts and judges as they want in a “fictional” movie? Such contradictions and hypocrisies have come to infest our courts. Almost every movie, every issue now runs to courts with some silly PIL and the courts, deprived of precious time already, seem to entertain them too. This is causing serious concern among citizens. And these contradictions are now being widely “trolled” on SM as they would be anywhere in the world:
 
Let’s look another contradiction. In December 2016 the SC ruled that the national anthem should be played in movie halls and people must stand for it. The practice was discontinued long ago and while it was okay in the early days after Independence, the anthem in movie halls made no sense at all. People don’t go to movies for a function or a national parade. They just go for entertainment. And then, in October 2017, the SC suddenly decided the anthem in movie halls should be optional and the Centre should make a decision on it. That’s why courts are increasingly seen as playing the role of elected govts when it is totally unnecessary. These are the outcomes of frivolous PILs on issues on which the SC should just recommend suitable action to the concerned govt rather than issuing diktats. What did this do? On many TV debates it only brought out Mullahs and Commies who are vehemently against respecting the national anthem.

Many decades after WWII, organisations, courts and investigators still hunted for Nazi war criminals. Many were indeed hunted down. A company like BMW that exploited Jewish “slave labourers” without payment was made to compensate many years later. Most of the victims were dead. Those living were compensated. It is not mere compensation, it is also a question of restoring honour to those dead. That’s what being human is all about. Kashmiri Pandits have been murdered, uprooted from their homes for decades and no govt seems to want to help them or bring them justice. So, what did the KPs do? They went to the SC to seek justice but the court promptly sent them off:
Many of the murderers of KPs, many of the known criminals are still walking around. The KPs deserve not just justice but a return to their homes. I wonder who is going to stand for them. The last temple of justice has closed their doors on them. The SC claims it protects citizens from injustices. After this shutting out of KPs, I am confident even the Central and State govts will conveniently forget them. This is not justice, this is a serious war-crime against an entire community of people. This, even when the older cases of 1984 killing of Sikhs are still in courts. There is another case where army men were framed and is famous as the “Samba Spy Case”. Even army-men know this is a fake, trumped-up case. The ISRO spy case was also used to tar many scientists, including Nambi Narayanan. It is commonly believed this was done by enemies of India to sabotage the Cryogenics technology. Men and women who have served the nation only demand they live their life with honour if they are innocent. Even former Governor Kaushal Swaraj had tweeted these cases was a farce:
Nothing stops the SC from taking suo-moto cognisance and reopening these cases to restore justice and honour to the innocent. Last February, the SC agreed to look into the ISRO spying case. The Samba spy case merits the same relook. Even if the SC has made the final ruling in these cases earlier, the appellants deserve another hearing, if the SC judges can wake up midnight to hear Yakub Memon. Instead, NGOs, vested interests and even anti-nationals have been flooding the courts with frivolous PILs.

Humans are known to be adventurous risk-takers. They climb mountain peaks, trek dangerous jungles for discoveries, conquer space, travel to the north or south pole and even the limbless run Olympic races. So why does the SC have to rule on social practices like Dahi Handi or Jallikattu? All it needs to do is recommend to concerned govts to ensure they make adequate laws to protect humans and animals involved. Dictating height of Dahi Handi or banning Jallikattu is really not a solution. The Diwali cracker-ban in NCR appears to have made no real change in pollution either:
 
The problem with crackers and pollution can be stopped at the manufacturing level. The emissions and decibel levels need to be stipulated for the manufacturers not to the retailers and users. Hindus are united only by festivals, traditions and celebrations. There is no need to constantly impinge on this by any authority. A panel created by SC reported that Bhaang or other offerings are not the reasons for shrinking of the Shivling at the Ujjain temple. Yet, the SC has ruled on the Panchamrit or offerings to be made at the temple. These Shivlings across India have been around for thousands of years and weathered everything. While there is no harm in regulating the frenzied offerings at the temple, the courts intervening in this leads to permanent grievance in the hearts of Hindus. They feel their Rights are being restricted one by one and systematically too. This is best left to the temple management/trust.

Maybe the whole country needs reforms. Maybe all religions need reforms. But only the Hindus seem to be asked to change or alter their practices. Even courts too need reforms but are reluctant and the judges seem protective and adverse to change. Arun Jaitley, naturally, called it the “tyranny of the unelected” when the court over-ruled a Constitutional amendment which is Parliament’s supreme privilege and authority:
 
It has now almost become a question of “who will monitor the monitors”. A Constitutional amendment by Parliament after due process being over-ruled now means there is no authority or control over the Supreme Court whatsoever. This is not the kind of imbalance a democracy should desire. The same SC didn’t overturn the Constitutional amendment in the Shah Bano case which was executed mainly to negate the SC judgement. From Panchamrit to redeployment of security forces the SC is more or less running the Executive. In the case of security forces, the Bengal govt had gone to the HC against redeployment of forces from Darjeeling. The SC should have simply overturned the HC ruling instead of again dictating how many troops to redeploy. Central forces are subject to deployment by the GOI and the Cabinet and not the courts to really decide:
Other than hearing appeals against lower court judgements, Courts are supposed to stand for people against tyranny of any govt or force. In none of the cases mentioned above were people subjected to any kind of tyranny by GOI or any specific govt. On the contrary, when really tested, the SC did not stand up for freedoms and justice and a much reputed and respected SC judge, the late CJI PN Bhagwati apologised for not doing so:
Players cannot appoint umpires. Umpires cannot appoint umpires. Judges too should not be appointing themselves through their own body. The Constitution does not provide for a Collegium. Therefore, this does require a serious review and remedy. Until this is done we will continue to see a conflict between Judiciary and Executive, if not openly, and the public subjected to a judicial quandary. 


Friday, October 20, 2017

Fearing Ram



It doesn’t take a genius to understand that crackers on any given day would add to pollution – noise and air. Sometimes, the manner in which crackers are burst right through a small road or a main road during a wedding “Baraat” is certainly a nuisance to drivers and pedestrians. But courts going about issuing diktats and bans on crackers or other social celebrations is being seen as an “attack on Hindus”. Because, courts have largely remained silent on silly practices of other religious communities. And it’s not just crackers during Diwali. Commies and Fiberals have systematically attacked every Hindu tradition. From Karwa Chauth to Holi to Jallikattu to temples to Kavarias, abusing and slaughtering cows nothing has been spared. These Fiberals did not even spare Hindu Gods and icons. They have trashed Ram, Sita, Shiva, Ganesh and even called Durga a “prostitute”.

Courts are either ignorant or are deliberately blind to the systematic abuse showered on Hindu practices. This, in a scenario where Hindus are the only ones willing to reform their practices. Try telling Muslims to delete hateful passages from the Quran. Try telling Christians to stop their nonsense about miracles by some glorified fake angel or their vagabond practice of “miracle healing”. The hatred and abuse of Hindus and their practices had dramatically increased during the 10 years of Congress-UPA. Sonia and her gang had plans to destroy Hindus, Hinduism and turn India into a Chrislamist nation. Congress itself is seen as anti-Hindu and for good reasons. Therefore, Hindus are now saying “enough is enough”. From reports, it seems Delhi burst more crackers on Diwali this year than the last year just to throw eggs on the faces of SC judges and the Commie Fiberals who wanted to ban crackers.

Diwali is the celebration of Lord Ram’s return to his throne at Ayodhya. Many celebrate it in different ways but that’s the central spirit. For a festival as mass-celebrated as Diwali, with crackers and lights, the SC shouldn’t have interfered. From Dahi Handi to Jallikattu to now crackers, the SC is being defied by the public. The loss of respect for SC is certainly not a healthy sign in a democracy. But there’s no way you can impose on “Free will”, not even God takes that liberty so humans should be wary of that. SC should safely leave regulations, which work much better, with their recommendations to concerned govts. As a consequence of all this Commie-Fiberal-Court actions, Hindus have seen a certain solid revival of their traditions and beliefs in their power as a community. Few years back, even the rabidly Hindu-hating Sonia had to give into the political demands of placating Lord Ram thusly:
 
Fake devotion doesn’t sell. The Congress has since been thrown out of the Centre and from many states. A genuine sign of respecting and honouring Lord Ram & co. would have certainly been appreciated. Not in the 500 years of the Ayodhya dispute did it occur to anyone to light up Ayodhya on Diwali. One doesn’t need to be an Einstein to understand what joy and thrill the Yogi Adityanath sent through the hearts of Hindus this Diwali by lighting up the birthplace of Ram:

The usual “Bhajans”, people decked up in silk garments and jewellery, symbolic Ram, Lakshman and Sita all added to the sentiment. All said and done, it’s just a couple of days of revelry and celebration and then people will go back to their drudgery but it is these festivals and celebrations are the ones that have kept Hinduism alive. Even on such an occasion a Congress pig doesn’t like it. The secretary of Maharashtra Congress, a moron called Shehzad Poonawalla – the senior moron of the Poonawalla brothers, spits and mocks the celebration:
 
The last thing me or any sane Hindu would want is lectures or sermons on practices of Hindus from a Desert Cult duffer. These guys who cannot get an actor to play Mohammad or make a biopic on his violent life seem to enjoy ranting at others. Had a Hindu politician done this, the anti-Hindu media would have asked questions to PM Modi. But this Sonia-bootlicker Shehzad trashes other religious icons but nobody questions Sonia. The hatred for Hindus and their Gods flows directly from Sonia among filthy Congis. In a lame attempt to thwart Diwali celebrations many corporations – like Samsung, Panasonic, Tata had also sent messages almost describing Diwali as nothing more than a “pollutant”. One can see the manner in which messages are crafted for Diwali and for other festivals:
What does come out in all this orchestrated campaign is that the Commies are really fearing a decimation politically. They are trying to coat Hindu festivals in all deceptive and delusional colour as the Commies of an outlet of Varadabhai called “The Wire” does. These guys have even concocted a “Mughal Diwali”:

That is laughable. Mughals or Muslims have never understood or respected the concept of light. Hindus treat Agni as a universal force and power and often as God. As a handle points out, Mughals had no lunch-breaks in their murder-spree even during Diwali. They don’t have breaks from killing even during Ramzan now. Immutable truth is: You CANNOT write one page of Mughal or any Islamic history without writing about the brutal mass-murders and bloodshed. Even their festivals are not without bloodshed but our Fiberals and Courts don’t want to hear about it. Doesn’t matter. Hindus just will not tolerate any more nonsense against their religion. Commies have now started fearing the SC judgement on Ayodhya:

And their fear is genuine because they face a “Catch-22” situation. It’s a now a NO WIN situation for them. If SC rules against the Allahabad court judgement, Hindus will be angry and vote for BJP. If SC upholds the Allahabad judgement Hindus will jubilant and vote for BJP in celebration. These Commies now have nowhere to run from Ram. Even the usually uncouth, uncivilised politicians have now surrendered to Ram and Krishna:

I am sure RahulG doesn’t know a damn thing about Krishna or Dwarka. But he goes to Dwarkadish temple to pray. Like his mom, he still thinks Hindus are fools. That Congis can publicly slaughter a cow and feast on it and then go to Gujarat and beg for votes is as moronic as Congis can get. As for Mullah Kejriwal, he has shed his Muslim Topi and scarf and is seen a rare prayer at Diwali. I don’t know if Ram or Krishna will work for these guys. But I certainly do know, there is a fear of Lord Ram that has crept into these folks. If it reforms them and stops their Hindu-hating – Good! If it does not, then Hindus will continue seeing them as descendants of Raavan and the Kauravas.