The pandemic appears to have become an alibi for untrammelled misuse of State power redefining democracy and State citizen engagement where the citizen is routinely sidelined!
Ordinances are passed without consultation with those it affects and the Parliament has been reduced to a notice board. The President and Governors seem to be rubber stamps and all opposition or criticism is adversarial to be stamped out.
Any means are routinely used to put down those who stand up to coercive power! Opposition parties may have no option but to agitate or walk out when it appears to be my way or the highway, which is also strictly policed!
The nation is firmly divided and the ‘Aam Aadmi’ keeps suffering with promises of ‘Acche Din’ and the fruits of freedom in some distant future.
There is COVID, loss of jobs, China and Pakistan threatening our borders, economy in dire straits, vast difference between North and South India, “haves” and “have-nots” keeps increasing.
There is continued administrative disruption in people’s lives and putting the burden on them to survive. Supreme Court needs to heed the advice of critical section of the judiciary and government stop unilaterally issuing ordinances and thereafter bulldozing Bills!
The Prime Minister seems not to bother about fallout on each and every Indian.
BABRI DEMOLITION CASE: Briefly, in 1992, FIR 197 was filed against lakhs of unknown ‘karsevaks’ demolishing mosque and FIR 198 against ‘Sangh Parivar’ functionaries present for conspiracy.
In 1993, CBI files chargesheets for both cases and accuses L K Advani for Rath Yatra and other BJP leaders for conspiracy. Lucknow Court also adds criminal conspiracy in all cases!
In 2001, Rae Bareli court drops conspiracy charges against Advani and 13 others. In 2011, CBI moves the SC to revive charges of criminal conspiracy.
In 2017, the SC revives conspiracy charges and orders both cases to be heard by Special CBI Court in Lucknow and trial should be completed in two years.
All accused appear before trial court to seek bail. In May 2020, SC extends deadline by 3 months, and extended further to Sept 30.
The verdict acquitted all 32 accused by Judge S K Yadav, retiring from service on the same day. Reportedly a 2,300 page judgment after examining 351 witnesses and submitting 600 documents! No video cassettes were accepted as evidence since the CBI never sent them to forensic laboratories to ascertain their veracity.
There was no conspiracy, although assurances given to the court for peaceful assembly ignored, lakhs of karsevaks assembled spontaneously and unknown lumpen elements/ miscreants demolished the mosque. This comes less than a year after the SC historic judgment in the land dispute case paving the way for construction of Ram temple at Ayodhya but calling demolition of Babri a criminal act!
Conclusion: After 28 years legitimize organized mob criminality?
HATHRAS GANG RAPE CASE: A 19-year-old girl in Uttar Pradesh was allegedly raped, tortured, tongue cut and spine broken by four upper class men and died after saying she was raped, battling for life for 15 days. She was callously treated by the administration, admitted in Delhi’s Safdarjung hospital from an Aligarh hospital a day before she died.
What is shocking is the reluctant action right from the time it was brought to the attention of the police and we all saw live on television the 3 am burial organized by the police; not only refusing to hand over the body for verification and last rites to the parents, but forcibly locking them up and conducting the cremation themselves!
After national outrage and live television evidence, Chief Minister Yogi Adityanath formed a Special Investigation Team (SIT) and attempted to compensate/pacify the family.
What is more shocking is the hig-handed action promulgating section 144, sealing off the Dalits village; no reporters or elected MLAs permitted, whilst the upper caste adjacent villagers permitted to assemble and move freely!
The victims family was confined by strong police force reportedly within and surrounding their house. The case is now handed over to CBI with hopes for justice.
It is reported that the police also trying to hush up another gangrape in UP’s Sahjahanpur where a 35-year-old woman was allegedly gangraped by upper caste men from her village over an enmity!
Lodging an FIR the next day, the police reportedly not only diluted the charges to merely causing hurt and compelling her to disrobe, but also booked her 13-year old-son in a sexual assault case, allegedly to pressurize her to compromise!
Matters came to the fore reportedly only after publicity about the woman’s plight.
Conclusion: Continue legitimize upper caste/majoritarian criminality?
NEW JUSTICE NORMAL: From the above cases, there appears to be something terribly wrong in the practice of democracy, rule of law and justice.
The premier investigative and enforcement agencies all appear to be “caged parrots” as demonstrated in the Sushant Singh suicide case, which was widely unethically reported blow by blow in the media! The courts appear to rule depending upon the “mood of the nation”.
Violence legitimization started with lynching by cow vigilantes with police protection and State condonation. Lawbreakers are garlanded and protected, live broadcasts and evidence will be recognized only after prolonged investigation by CBI, SIT or agencies, judicial delay conducive to doctoring or weak case put up which will not stand court scrutiny. The “Law will take its own course” is the government refrain. The Babri Masjid verdict and the present Hathra case are glaring examples.
