We are given to understand that the reason why four judges revolted was only an internal administrative matter of arbitrary use of power by the Chief Justice of India bypassing seniority to form benches, allegedly to predetermine the outcome of politically-sensitive cases. Also, specific criticism by eminent experienced Supreme Court senior lawyers like Dushyant Dave and Prashant Bhushan were brushed aside. The government can be challenged only through the law, which the executive is increasingly abrogating to itself, interpreting it as it wishes. If judicial independence with honour, integrity, decency and decorum does not survive this crisis, our constitutional democracy is in deep trouble.
Letting governments wield too much VIP power with vote bank politics is extremely dangerous, where people have to tolerate/suffer their maladministration/arrogance whilst the culprits have been getting away figuratively with murder.
To give a few recent examples take the fires in Mumbai hotels or burning lakes in Bengaluru, not to mention the potholed roads and flooding resulting in fatal accidents. The judiciary has to rectify flawed executive orders, the army has to be called out to douse the lake fires in Bengaluru and build bridges over railway lines in Mumbai. Where is the transparency and accountability? Take political funding where it must all start. Political parties can receive donations up to Rs 2000 in cash and all donations with a veil of anonymity, so also corporates assured of electoral bond donations and cap on donations lifted. Look at the astronomical prices of petrol, coconuts, not to mention of fruits, vegetables and inflation affecting daily living in Goa. Government will not explain why it permitted all this to happen.
Fringe groups are obviously favored mobs which illegally forward the party’s agenda. For example some unknown outfit like the Karni Sena first decides to manhandle the director of the film Padmavati and damage the sets based on rumours. They issue threats and a bounty for beheading and cutting the nose etc of those involved with impunity. The matter goes to Parliament, is debated and the film pre-shown to various authorities, name changed to Padmavat, changes made and passed by the statutory authority CBFC. No action whatsoever worth the name is taken by the Rajasthan government and all sorts of sentiments and emotions are fanned to fever pitch.
The Supreme Court had made it clear that non-compliance of “law and order” could not be excused by the State and is not acceptable. It issued orders permitting all India screening of the film and lifting the ban that was imposed by some BJP-ruled States. The Sena dared thereafter to vandalise a mall and theatre with impunity, threatened violence all across India, and also at eminent advocate Harish Salve for representing the film fraternity in court and even CBFC chairman. Instead of enforcing the Supreme Court order, a review petition was filed by the State, which was also dismissed. Karni Sena unimpeded by firm action, boldly went on a further rampage, torching vehicles and even stoned a school bus with children, calling for a State bandh, threw petrol bombs spreading fear in many States. All theatre owners were naturally terrified, so also people who wanted to watch the film. Even in Goa multiplexes were initially scared to screen the film.
Here we see some State administrations colluding in a socio political pattern of rising intolerance to freedom of thought and speech, going soft on goons terrorising, thus challenging rather than enforcing the Supreme Court directives. Lawlessness permitted to happen by States in the name of caste, religion, sentiments or beef is getting savage. Let’s not forget this. What right have some groups to assume ownership of India, bully others and why is the government failing in its duty to protect all Indians? The otherwise vocal PM remains surprisingly silent.
However at Davos, at the same time, our Prime Minister was verbosely asserting that India always believed in uniting and not dividing people, speaking of Vasudhiava Ktumbakam (world one family) proud of our democracy, diversity and peaceful coexistence, law and order, reportedly citing Mahatma Gandhi, “I don’t want doors and windows of my home closed. I want winds of cultures of all countries to come inside, but won’t accept it if that uproots my own culture”. Gandhi actually said “I do not want my house to be walled in on all sides and my windows to be stuffed. I want the culture of all lands to be blown about my house as freely as possible. But I refuse to be blown off my feet by any”. There is a subtle difference in the quote? He made similar assertions in Oman and Saudi Arabia.
That saffronisation, polarisation and intolerance in our country are factually present belies these assertions. Yashwant Sinha boldly surmises, “Dialogue in this country has become coarse, one sided and dangerous. It seems mob has the job of giving justice”. The capacity to govern is challenged when the State comes in conflict with some collective or vested interests coupled with vote bank politics. We have the taxi unions refusing to install speed governors or fare meters, and have been holding the government and people/tourists to ransom by not permitting app-based cabs, going on strike and generally dictating terms with impunity so far. Karnataka mobs freely go berserk on the Mahadei dispute. We cannot keep people safe on the roads from our own people. Government appeasement of favored mobs rule seems to prevail. Truth and justice will be the casualties, disorder prevails and democracy becomes a sham.
(The author is a retired naval officer, freelance writer resident in Porvorim)
