Open letter to Prez Mukherjee to act if really serious about protecting rule of law & secularism
Your Excellency Pranab Muhkerjee
President of India
Sub:- An open letter to act if Your Excellency (YE) is really serious about protecting rule of law & secularism
Ref:- (i)- YE is wrong. It is not the demolition of the Babri Masjid which destroyed India’s image as a tolerant, pluralistic nation but failure to restore status-quo-ante of Babri Masjid (ii)- Only rule of law & secularism of India can protect ~ one billion Muslims of South and Southeast Asia (in addition to ~ one billion Hindus) from bloodthirsty Caliphate of ISIS
I humbly submit the following:-
YE is quoted in a leading newspaper to have said in your memoirs released on Thursday that - ‘The demolition of the Babri Masjid destroyed India’s image as a tolerant, pluralistic nation’
YE you are horribly wrong because It is not the demolition of the Babri Masjid which destroyed India’s image as a tolerant, pluralistic nation but failure of Indian State to restore status-quo-ante of Babri Masjid.
As a person in public life for such a long time YE must be knowing that no law says that you can not violate the law or commit a crime. Law only says that if one commits such crime then he / she will be awarded so and so punishment as retributive justice and restorative justice will also be done. For example if someone is prepared to be hanged then he / she can commit murder as was done by martyr (shaheed) Bhagat Singh and his colleagues too.
In the case of Babri Masjid demolition four more important factors of law are involved:-
(1)- Because Babri Masjid was demolished in presence of the Observer of Supreme Court of India (SCI), hence in order to protect the authority of law the SCI suo-motto is supposed to restore status-quo-ante of Babri Masjid. As no constitutional / statutory authority of Indian State (including SCI and NHRC as mentioned at http://www.pakistanchristianpost.com/detail.php?articleid=2425 ) is interested in upholding rule of law by restoring status-quo-ante of Babri Masjid if YE is really interested in rule of law and secularism then YE should move SCI (may be under Article 143 of the Constitution or otherwise) in order to ensure that the status-quo-ante of Babri Masjid is restored.
(2)- Babri Masjid demolition was not an isolated occurrence. It has a history of riots in which since late eighties thousands of innocent citizens were killed (mostly Muslims) including in 2002 Gujarat massacre. Just after Babri Masjid demolition on December 6, 1992 riots and serial blasts took place in Mumbai. India has been demanding repatriation of Dawood Ibrahim from Pakistan to face justice in serial blast cases but India has not even tried the accused of 1992-93 Mumbai riots (as mentioned by Sri Krishna Commission report). YE ought to understand if India prosecutes guilty as mentioned by Sri Krishna Commission report the world-community will see to it that Dawood is handed over to India by Pakistan to face justice in serial blast case. Therefore YE should move SCI in order to punish the guilty as mentioned by Sri Krishna Commission report.
(3)- India is full of legal authorities who claim to know xyz of criminal law without knowing abcd of it. Criminal law in a democracy is known to only those who earn their bread and butter by remaining on the right side of law. Anyone who knows abcd of criminal law knows that the guilty of 2002 Gujarat massacre could not be punished as per law for the simple reason that (like 1984 Sikh massacre in Delhi) the executive magistrates and military authorities did not discharge their duty as per the requirement of section 130 and 131 of CrPC during 2002 massacre too. But these authorities were not made accused related to their dereliction about 130 & 131 CrPC. Hence if YE is really interested in protecting rule of law and secularism then YE should move SCI to decide cases pertaining to 2002 Gujarat massacre by invoking section 130 & 131 CrPC also.
(4)- Even after 22 years of the demolition of Babri Masjid the guilty of this demolition have not been punished making a mockery of criminal justice system in India. Hence YE should move SCI in order to ensure that the accused of Babri Masjid demolition are punished in a time limit of one year.
- These days the protection of rule of law & secularism in India has become imperative for one more extremely important reason. The emergence of ISIS is not merely a terrorist threat but has created an existential threat for India as mentioned below:-
(i)- ISIS and its leader Baghdadi may or may not survive but the idea of Caliphate (with territory) will not die for two reasons (A)- Sunni Muslims (85 % of world’s ~ 2 billion Muslim population) are bleeding and weeping profusely especially in North Africa and Middle East (NAME) and AF-PAK region (B)- Unlike Hindus and Chinese the Muslims are the only developing people who are divided in many countries hence economically and militarily powerless. Therefore notwithstanding what governments of different Muslim countries say Sunni Muslims especially in Muslim majority countries want to come under one authority of Caliphate
(ii)- USA is playing some sinister game in Syria. Everyone knows that Russia can not support democracy in Syria for the simple reason that Sunni majority Syria if becomes democracy then sooner that later it will ask Russia to remove all its military bases from Syria. But Russia [which in September, 2015 end intervened militarily in Syria (with the support of Shia Iran, Iraq and Lebanon of Hezbollah) next day after talking to US President Obama] will never tolerate its military bases to be removed from Syria. Hence USA & Russia seem to be working for the partition of Syria where western Syria will remain with Shias which will allow military bases of Russia to remain in Syria. This partition of Syria will generally be as mentioned in his article http://www.nytimes.com/2015/11/25/opinion/john-bolton-to-defeat-isis-create-a-sunni-state.html?_r=0 by former US Ambassador to UN John Bolton. But Sunni Muslims (including USA & Allies supported Syrian rebels, especially after the emergence and pressure of ISIS) rather newly emergent Sunni-nationalism will never allow partition of Syria. This is the main reason the talks in Geneva under UN are not moving further rather it will lead to more bloodshed (and Shia-Sunni conflict) in Syria and in other countries of NAME (and in ISIS controlled Iraq).
(iii)- This Sunni-nationalism (triggered by ISIS) is bound to gulp Kashmir-AF-PAK region due to political instability in Afghanistan and in Pakistan & Kashmir mainly due to unresolved Kashmir problem which, as per media and Kashmiri separatists, has already claimed the lives of ~ one hundred thousand Jihadis from Pakistan, India, Afghanistan etc. This will have hugely grave implications for South and Southeast Asia east of Shia Iran (once geographical barrier of Iran is broken by ISIS).
(iv)- In a nutshell it is only rule of law and secularism of India which can protect these ~ one billion Muslims of South and Southeast Asia (in addition to ~ one billion Hindus) from bloodthirsty Caliphate of ISIS (or any other Sunni Caliphate) by ushering into FSDRSAARC (Federation of Secular Democratic Republic of SAARC countries). Like freedom movement leaders Gandhi, Nehru, Patel etc and like Netaji Subhash Bose who believed in Hindu, Muslim unity I am sure YE also believe in Hindu, Muslim unity hence YE also believes that the last word on India’s partition is yet to be written.
(v)- In order to properly carry out the global war against terrorism and in the interest of FSDRSAARC legal action against Maulana (the prison escapee through plane hijack by his Jihadi terrorist colleagues) is necessary as mentioned in my open petition to SCI as explained at http://pakistanchristianpost.com/letterdetails.php?letterid=727 .But government of India (GOI) so far has not demanded Maulana from Pakistan in plane hijack case. Hence YE is requested to ensure that GOI demands Maulana in plane hijack case.
Therefor Your Excellency is requested to kindly take above mentioned measures in the interest of protecting rule of law and secularism in India.
Hem Raj Jain
(Author of ‘Betrayal of Americanism’)