EF - A Handbook On LifeSkills for Teachers, Parents & Professionals

Monday, November 12, 2018

Courting Disastus


Eliot Ness was a Prohibition Enforcement Agent who was assigned to take down mass-murderer and top Bootlegger Al Capone. His team couldn’t put Capone away for murders or prohibition laws. They finally put him away for tax evasion. At the end of the movie “The Untouchables” based on those events, a reporter who constantly tags along with Ness’s team asks him “They say they’re going to repeal prohibition, what will you do then”? Ness replies: “I think I ‘ll have a drink”. The US was fairly quick to realise that silly acts like Prohibition or Bans don’t work with people. The govt’s job is to make laws, regulate and implement. Theirs is not to sermonise and moralise people. It is more so with Courts.

It is not the business of courts to moralise,
sermonise or regulate behaviour of masses.
The Courts are part of the law enforcement
system and NOT law-making bodies
 or institutions that issue Bans.
Judges cannot cross their limits

This is particularly so because we have a Constitution and legislative bodies. The role of each is not ambiguous at all. Last year, the SC came out with a most absurd ban on liquor shops within 500 metres of all highways across India. It seems, judges are either totally disconnected with the ground or are totally oblivious to the behaviour of a “reasonable man”. All our laws are primarily based on the behaviour of “reasonable men”. Therefore, how the common sense of the reasonable escapes well qualified judges needs some understanding. Here’s a guy in Kerala who came up with the most outrageous idea to dodge the 500m ban:
 
Even if others don’t have the kind of land that this Kerala guy had, how in hell is the SC going to stop someone drinking and driving on a highway. On any highway, at some interval there is a small town and a detour of about 1-2 kms into the town and one can buy liquor and stock up. This 500m thing is certainly not going to stop any drunken driving on highways. What is needed is regular, random inspections and strict punishments. And that is the job of the govt and SC has no role or accountability to ensure that the 500m reduces drunken driving on highways. Judges are not cops and they aren’t law-makers either. This issue should have been left to the State govts to legislate and regulate. But our Courts seem to have consistently usurped unlimited and unaccountable authority over many issues that shouldn’t involve them at all. And if you look at drunk-driving accidents in India, compared to other countries, it is 5% of the total number of accidents. So, these judgements are not borne out by some alarming statistics. The whims of a trigger-happy PIList becomes the basis for court rulings than the considered wisdom and debate by elected legislators:
 
From Dahi Handi to Jallikattu to Sabarimala and many other temples, the courts have been behaving like Big Brother to a large population. The recent absurdity of Diwali crackers to be exploded only between 8 and 10pm was among the most ridiculous that one has heard. How does one enforce such a restriction? I saw a video on Twitter where people burst a long stretch of crackers:
You don’t have to observe very closely to note that the video is shot in daylight and not at 8pm. The SC has been frequently bombarded by few vested interests, especially of the Lutyens Tabela, bring in some PIL and the SC gladly admits it and then passes a judgement for the whole country. Diwali crackers alone are not the only cause of pollution which is a year-round problem in some places like Delhi. And Diwali crackers don’t go beyond 2 days and nights. Delhi is a land-locked place with excessive other polluters and someone rightly pointed out the folly of the SC in translating the problem of Sick Delhi to the whole of India without a deeper thought into it:
Whether it is the Courts, the Politics or the Media – life and everything about India is nothing beyond Delhi is what it seems. And a band of criminal lawyers gang up and regularly bomb the SC with useless PILs which do not merit SC’s attention. Even so, why should SC be the first option? SC itself is burdened with cases and should simply direct petty PILs to State HCs. Take a look at some of the consistently absurd rulings which not only depict a woeful irony but alarming hypocrisy:
Firstly, a “Bar” is conventionally taken as a liquor bar and not otherwise even if there are other outlets calling themselves a “Bar”; like a “Snack bar”. So why should SC comment on dance bars without liquor being “absurd”? All it needed to rule was that bars can also have dancers and nothing more. Not just that, SC goes on to sermonise that the State govt’s mentality is “absolutely regressive by centuries”. What exactly is that supposed to mean? Supposing I don’t support bars with dancers I would be considered “regressive”? This is avoidable moralising. The Ayodhya case to be regularly heard from February 2018. Suddenly, it has now been shifted to January 2019. Mind you, the January 2019 schedule is ONLY to fix the hearing dates and not the hearing itself.

And then, protests at Sabarimala “not acceptable”. Is there a list of protests that are acceptable? Protests are integral to a democracy. In earlier cases, protesters have BARGED into temples like Shani Shingnapur – the courts didn’t have a problem with that. In contrast, supporting ISIS ideology is not anti-India. How is that so? Just because there is no law specifically outlawing ISIS? The ISIS is against the entire humanity and has plans to eliminate anyone and everyone not accepting its ideology. How is someone supporting such an ideology not welcoming them to conquer India? The biggest of wars inviting enemies start with small seeds and not bombastic blast of Bofors-like guns. And there is a tinge of hypocrisy too. Bakri-slaughter on terraces is acceptable but selling firecrackers in residential areas are not. By what yardstick? Is it okay to see blood going down from terrace to street or compound? Or the stench of flesh and bones is tolerable? While merely selling crackers is unacceptable? Hard to understand, really.

The SC in the past has stated “Bail, not jail” should be the principle in most cases. However, over 1000 protesters arrested in the Sabarimala protests were not given bail. This, when the SC directly hears bail petition of top scamsters or for permissions to go abroad. Even a serial rapist like Bishop Franco has been given bail without the slightest protest from the Kerala govt. The rich and influential, like Teesta, get bail over phone calls and video-conferencing way past the working hours of court. And in recent cases of urban naxals SC also stated “Dissent is the safety valve in a democracy”. So, what happened to the right to dissent of the Sabarimala protesters? Every court, every judge seems to interpret cases and laws in his or her own manner without seeking a “fair and consistent” approach to petitions. And the “safety valve” of courts explodes to the skies when their propriety in hearing some cases is frowned upon. Sometime back, four SC judges (including the current CJI) ran to the media to express their “Dissent” against ethical practice norms of the SC.

Justice Murlidhar of Delhi HC seems to have heard the bail or arrest-stay of urban naxal Gautam Navlakha at 6am in the morning. He denied arrest to the Maharashtra police because their mumbo-jumbo was written in Marathi. I don’t find that reasoning justified. All police forces write FIRs and warrants in the state language. They explain the cause for arrest while arresting a person and later a lawyer can get help in making the translation. This by itself cannot be a reason to refuse custody to the police. Vivek Agnihotri who serialised the issues relating to the case and the judge’s wife being associated with Navlakha in some manner has earned him a contempt notice:
I believe, given his wife’s association with Navlakha, Justice Murlidhar shouldn’t have heard the case and should have recused himself as the pic on the right shows the SC views. Do ordinary men and women get the kind of privileged treatment that Navlakha, Yakub Memon, Teesta Setalvad, Rapist Franco etc get? NEVER! The speed at which any petition by P. Chidambaram, Karti and many rich and influential people get heard is simply mind boggling. Justice is Blind they say. May be, but I don’t believe judges are blind. Hindus have singularly been at the receiving end for all their practices. If at all reforms are needed, these are to be done by govts through community interactions and not by courts. Judges cannot cross their limitsas former SC judge M. Katju rightly points out in a ruling by the SC itself:
PC is publicly viewed as a fraudster and the “Father of black money”. Almost all the judges know that the ED or CBI is chasing PC in many cases and also his son Karti. Some months back PC also applied for anticipatory bail fearing arrest. Consequent to raids, PC had moved a petition in the SC begging for his privacy and right to dignity. And some of these cases are now over a year old. Knowing all this, why would the current CJI Ranjan Gogoi not mind being seated next to a criminally charged politician? Sometimes, being invited to the same event as a criminal does happen but, surely, you would still have the privilege of not being seated next to a person being pursued by law and having friendly chats with him. What message does this send to the public:

All said and done, courts and judges must not interfere in territory that belongs to the Executive and the legislators. For India, Parliament is the supreme law-making body and not the SC. Courts cannot decide when you should burst crackers, who should be allowed entry to a Hindu temple practicing historical traditions or the height of Dahi Handi. Such frivolous petitions deserve to be dismissed and petitioners asked to seek remedies from the govt. The SC can also politely direct govts to make suitable laws to address important public issues but it cannot become the law-maker itself.

The nation-wide defiance of the silly “Cracker-Hours” is an insult to the SC itself. The drinker will find a liquor shop even at 2am in the night. The judges should travel some highways and visit “Total Service Dhabas” to understand how highways and the trucker-life works. The making of laws rests with the govts and the police have the responsibility of enforcing such laws. The SC is supposed to protect the people from the tyranny of govts, criminal laws like 66A and their fundamental freedoms. When they were really challenged, the judges of SC simply folded up and gave into a dictator in 1975:
People don’t live in courtrooms. The SC should be or probably is clear that the consistently increasing petitions on social issues are only against Hinduism and Hindu practices. The Sabarimala petition was brought in by some who are not even Hindus and the first attempts to use the SC order were not Hindus. They were Muslim or Christian women. The SC did not bother to check with women groups who are greatly in support of the historical and traditional practice of Sabarimala whose deity is a bachelor. The media carries out stupid “Right to pray” campaigns. Such a Right does not automatically imply “Right to entry”. Even hotels and clubs have the Right of admission reserved, so does the deity of a temple who is there for certain beliefs and practices. From Jallikattu to Dahi Handi to Diwali crackers and Sabarimala – the SC should realise people are defying its orders. Such laws are best made by govts by taking into confidence those directly affected or involved.

In reality, Hindus themselves had voluntarily toned down the purchase and use of crackers over the last 3 decades. They have also reduced their expense on it. But when a BAN is dictated by “Courts, people see it as an assault on their religion, freedoms and therefore will go any length to defy it. Stupid govts who arrested people over crackers should hang their heads in shame, they are courting Disastus.


41 comments :

  1. With their laughable and unreasonable judgements sharia court (SC) and others are becoming unreasonable and against Hindu community in our own country.They do not have guts to pass on judgement against Chrislamic community.As you have rightly written common man like me thinks that courts are for rich and privileged.They have no time for the voluminous cores of cases pending.They do not have accountability and lead posh life style with vacation after vacation.They promote their own people as judges.God save the country.

    My one question is National Judiciary was passed by the legislature and the president put his seal on the same.Then how can they not implement is a million dollar question.

    ReplyDelete
  2. बिना जवाबदेही के जब आपके पास अनंत अधिकार होंगे तो आप मूर्खतापूर्ण आचरण ही करेंगे ।

    ReplyDelete
  3. Sir in the supreme court judges choose the judges. Can a PIL be submitted to carry this practice in all the other institutes as well. Billions can be saved and also reservation will not be needed....

    ReplyDelete
  4. It is the tail wagging the dog, what with a gutless ministry, and a Government which does not know where to put its priorities

    ReplyDelete
  5. I do not hold the judges accountable for this excessive interference. The fault lies with the Govt. When the Govt is weak, spineless and continuously willing to surrender it's rights to an intransigent judiciary, they would just grab the opportunity. Right since 2014 when Govt capitulated on NJAC, they have shown no intention to challenge the overzealous judiciary. Even the collegium system of Judges appointment is not contained in the constitution, it was a ploy to make executive and parliament subservient, and instead of showing the will of the people, the govt itself surrendered. So, though the judiciary is guilty of judicial over activism, it is the political leadership who is greater culprit.

    ReplyDelete
  6. The Supreme Court is a big democractic hybrid of donkey & monkey. It is time that their privelege or comforts or respect ..etc., all be stripped OFF. The judges are assholes. The constitution of India is another ill conceived & incorrectly written book, time has come to shred it & re-write constitution afresh. How can the 500+ criminals be law makers ? The IAS babu have long ruined the country. I invite China to launch a border war & in that process pub a big nuclear bomb on North & South block + Indian Parliament (when the sessions are running in full swing & full strength, so that no one is missed out) so that fresh mind can be elected.
    How is that 60-70% of illiterate people voting for Pappu every time to elect him ?? The right to vote has to be snateched away & given to only those who pass a qualification (reasoning puzzles) exam on voting A dumb head like Pappu becoming a PM is an insult to all Indian minds.
    Supreme Court to stop registering all cases unless it is cases of murder & rape and clear all old cases & then only reigster new cases.

    ReplyDelete
  7. Friends, Indians, countrymen, lend me your ears;
    I come to bury India, not to praise it.
    The evil that men do lives after them;
    The good is oft interred with their bones;
    So let it be with India. The noble Supreme Court
    Hath told you India was ambitious:
    If it were so, it was a grievous fault,
    And grievously hath India answer’d it.
    Here, under leave of Brutus and the rest–
    For Supreme Court is an honourable man;
    So are they all, all honourable men–
    Come I to speak in India’s funeral.
    He was my friend, faithful and just to me:
    But Brutus says he was ambitious;
    And Supreme Court is an honourable man.
    He hath brought many captives Delhi to London
    Whose ransoms did the general coffers fill:
    Did this in India seem ambitious?
    When that the poor have cried, India hath wept:
    Ambition should be made of sterner stuff:
    Yet Supreme Court says it was ambitious;
    And Supreme Court are an honourable man.
    You all did see that on the Lupercal
    I thrice presented him a kingly crown,
    Which he did thrice refuse: was this ambition?
    Yet Supreme Court says India was ambitious;
    And, sure, he is an honourable man.
    I speak not to disprove what Supreme Court spoke,
    But here I am to speak what I do know.
    You all did love him once, not without cause:
    What cause withholds you then, to mourn for him?
    O judgment! thou art fled to brutish beasts,
    And men have lost their reason. Bear with me;
    My heart is in the coffin there with India,
    And I must pause till it come back to me.

    ReplyDelete
  8. Hindus themselves had voluntarily toned down the purchase and use of crackers over the last 3 decades. They have also reduced their expense on it. But when a BAN is dictated by “Courts, people see it as an assault on their religion, freedoms and therefore will go any length to defy it.//If only SC understands it is better for the dignity of Courts, Excellent analysis.. Hope MeLords read this article...

    ReplyDelete
  9. शारिया कोर्ट!

    ReplyDelete
  10. Was waiting for long to read an article about the way our judiciary functions and approaches issues and admits such frivolous PILs. An apt article with full of firmness and facts which flies right in the faces of shameless judges!

    ReplyDelete
  11. Modi govt should show some spine to teach the stupid judges a lesson, by asking police to shoot down all criminals before they get a chance to reach the courts.

    ReplyDelete
    Replies
    1. Agree...dump the human rights commission or lock them up for 1-2 years, hunt down every criminal or thief & India will be cleaner... there is no sin as Lord Parasuram (Lord Vishnu incarnate) himself erased the Kshatriya community for their various sins.... no bad karma in doing good activities.

      Delete
  12. Excellent article usu in Ravinar's style! Sad that all MSM always supports such stupid judgements of HCs and SC! All right thinking celebrities,politicians should come forward and express their feelings about such quixotic judgements without any hesitation! Time is ripe to expose the bigotry and poorly educated judges who play with the sentiment of the citizens and the crooks who assist the corrupts,scamsters through instant judgements for giving bail and keep pending imp cases for months to years!
    Present judiciary is slipping out from its institutional responsibilities.It poses serious threat to democracy and security of the nation.

    ReplyDelete
  13. Excellent article usu in Ravinar's style! Sad that all MSM always supports such stupid judgements of HCs and SC! All right thinking celebrities,politicians should come forward and express their feelings about such quixotic judgements without any hesitation! Time is ripe to expose the bigotry and poorly educated judges who play with the sentiment of the citizens and the crooks who assist the corrupts,scamsters through instant judgements for giving bail and keep pending imp cases for months to years!
    Present judiciary is slipping out from its institutional responsibilities.It poses serious threat to democracy and security of the nation.

    ReplyDelete
  14. Supreme Court is famous for absurd rulings.. इनका बस चले तो हर इशू पर ruling निकाल दे... Still remember, that stupid tinted glass ruling in the name of women safety.. Small car owners used to cover what windows with tinted sheets and boom.. SC bans everything.. हो गयी गर्मी में माँ कि आँख... Irony is.. Cars न suv which come with inbuilt tinted glass were exempted.... It was like banning cig rates but smoking cigar is fine....

    ReplyDelete
    Replies
    1. Correctly said... Supreme Court is digging deep in its own asshole....they are honorable men (as Mark Anthony says on Brusus)

      Delete
  15. From Supreme to Sonia's to Satan's what a transformation!

    ReplyDelete
  16. Hi Ravinar ji, My twitter handle is @venatarajan. May I the reason for blocking me. I never post anything offensive about anyone and I am a passive retweeter. Please consider unblocking me so that I can start following your tweets again. Many Thanks. Regards.- Natarajan.

    ReplyDelete
    Replies
    1. Is Ravinar on twitter again ? What is the ID ?

      Delete
  17. Foolish men staffing reputable Institutions. Diseased bodies behaving in maverick style. A Country passing through a churning process?. 70 years of rot being set right albeit slowly and gradually?. Time for more and more of Right thinking people to speak up against wrongdoings. The evils have to be met halfway and arrested.

    ReplyDelete
    Replies
    1. Indian are bananas & India is banana republic. Supreme Court will soon see crumpbling & crushed. Time to dismantle Supreme Court.

      Delete

  18. हिन्दू विरोधियो ने ही रखा हमारे देश के व्यवस्था की नीव।
    इस सुप्रीम कोर्ट की नीव सुप्रीम कोठा के रूप में भी तब ही रखी गया थी जब इसके दलाल उस कांग्रेसी कोठे के लोग बन गए जो ब्रिटिश के दल्ले थे, उनके चाटुकार थे और घोर हिन्दू विरोधी थे। यही लोग ब्रिटेन से अंग्रेजी शिक्षा प्राप्त कर के हिन्दू कोड बिल की धज्जियां उड़ाकर मुस्लिम पर्सनल लॉ को लागो करने लगे। और पूरे तंत्र को ब्रिटेन के घटिया परंपरा का ग़ुलाम बना दिया। हिन्दुओ को उन्ही के देश में स्वतंत्रता के बाद ऐसा ठगा गया...
    तय हुआ धर्म और मजहब के आधार पर राष्ट्र बनेंगे और हुआ:-

    पाकिस्तान - मुस्लिम देश
    (ई.पा.) बांग्लादेश - मुस्लिम देश
    भारत - मुस्लिम रहेंगे और सेक्युलर स्टेट
    इसमे सिर्फ हिन्दुओ को ठगा गया कांग्रेसी मुग़लो द्वारा।
    वादा हुआ हिन्दू राष्ट्र का पर भारत बना सेक्युलर देश क्योंकि जो 89.3% मुसलमान पाकिस्तान (इस्लामिक स्टेट) के पक्ष में थे उसमे से 45.6% यही रुक गए, और अलग से दो मुस्लिम देश चालाकी से बना लिया। अन्याय हिन्दू विरोधी कांग्रेस ने किया। और हिन्दू विरोधी विदेशी शिक्षा के ग़ुलाम उस समय से हिन्दुओ का दमन करने लगे।

    ReplyDelete
    Replies
    1. True. Its shameful act by the khangress and they rules us since las 70 years . Shame on us even to vote them.

      Hindus are forgotten lot , who cares for them as they are separated themselves in various casts and creeds n.

      Delete
  19. Looks like Courts and so called secular political parties in India has got an allergy with the term "Hindu", so it would be futile attempt from Hindus to get anything from Courts and Political parties let it be Ram Mandir, Diwali Crackers Ban, Sabrimala entry ban on Women of certain age.

    Better here after who ever approaches court for any kind of permission good to go as a Community or Caste Representation rather than as a Hindu Organisation or Hindu Temple. Let some caste go and approach court for Ram Mandir tell Lord Ram there KulaDeva, then we can see all will fall flat that they would not like to disappoint caste or else will impact vote share even court will be cautious. Let Nair or Nambi's go to Temple and tell in court Lord Ayyapa is their KulaDeva and its our caste which will decide, let see will Commies like to make Nair's Upset?


    ReplyDelete
  20. I would like to present an incident happened in 2013. A Delhi based leading lady lawyer offers herself to a 'powerful' politician cum 'senior' lawyer of the Supreme court. At the climax of their action, she asks - when will you accommodate me as a Supreme Court Judge? There is no problem in believing that there may be Judges of such categories too who occupied the seat for a bargain. Court is open even at midnight but to hear and direct where the dead body of a looter is to be cremated. It is open at midnight to decide when majority is to be proved in the floor of the assembly. Court, though projected as temple of Justice it is being proved as place of convenience.

    ReplyDelete
    Replies
    1. At midnight Supreme Court opens its "zips" to such leading L*** & paid lawyers

      Delete
    2. God only knows if they have only Zip or they being Zapped by the bastards in action!

      Delete
  21. This one is excellent. Now, to the subject. The SC is supposed to be a law interpreting body and not a law enacting one. When judges become too much obsessed with activism, then we have all the problems. So long, we have judges who sailed with the wind in tune with the Goddess Kali riding on a tiger. What this SC is resorting to in recent times is imposing their dictum and it becomes a law. The SC must be cut to size and shown its door. Modi Govt is lacking this guts of Kali devta. Can it at least now tell the SC to contain itself within its shoe and behave normal?

    ReplyDelete
  22. Time has come for the Executive to act.Our higher courts too have become part the cabal that has been ruling us.SC should deal with serious issues of national security,political and bureaucratic corruption,huge scams by cronies of the govt of the day,constitutional freedom etc.You have not mentioned the HC ruling against loud speakers on mosques.What happened? If their lordships did not wake up they will become laughing stock.

    ReplyDelete
    Replies
    1. His & her lordship are born deaf, hence cannot hear anything that mosque speaker sound !!
      "Lordships" rarely wake up at 04:00 hrs or 06:00 hrs, they only wake up when the "messenger boy" comes & wake them up with "sealed envelopes"

      Delete
  23. Wondering why you have blocked me from your Twitter account!!!

    ReplyDelete
    Replies
    1. Twitter blocked & nothing to do with Ravinar himself.

      Delete
  24. Spineless Govt did got a chance to curb activism of Judiciary if they would have acted on Justice Karnan's allegation on rampant corruption within Judiciary, instead of acting on his allegation they allowed SC to brand him as Mad!

    ReplyDelete
    Replies
    1. How can they take action against their own community. They are not children of Shibhi chkaravarthi or Vikramaditya. They are mortals of this kaliyug. I am surprised when people say that they are astonished to see CBI being corrupt. Every where there are a few good people among lot of bad people. Surprisingly because of those good people essential things are going in right direction.

      Delete
  25. I think in democracies Majority community is at the receiving end. It is Hindus in India and Xtians in US. Governments think it is the majority who are oppressing the minorities but actually there is nothing like that.

    ReplyDelete
  26. Information is very informative also you can click over here ,and get such type of info, this is the great resource to get such type of information.

    ReplyDelete

Comments are welcome and are not moderated so as to allow free speech. However, comments that are off topic, abusive, defamatory or slanderous may be deleted. Comments disclosing personal information of individuals/entities will be deleted.Comments appearing here do not imply endorsement by author of this blog.