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Fascist Modi has started misusing (by criminalizing and pressurizing) judicial system - Supreme Court should act

Alwihda Info | Par Hem Raj Jain - 17 Février 2016

Bengaluru, India

Sub:- (i)- World community should stop its honeymoon period with fascist Modi (ii)- Leader of free world USA should wake up and ensure that the only functioning secular democracy in this part of Asia (that too of ~ 1.25 billion people) does not succumb to fascist forces (iii)- This time SCI should not be allowed to watch helplessly demolition of rule of law & judicial system

-- It was known to any perspicacious political observe that when Fascist Narendra Modi (who under influence of Hindutva forces allowed Gujarat massacre in 2002 under his watch in which mostly innocent Muslims were butchered but he and others so far have gotten away because section 130 & 131 CrPC were not invoked mainly due to cowardice of Muslims of Gujarat and even of India) was acquiring power as prime Minister of India - [by arousing jingoism and knowingly promising false direct financial benefits to Indians during election campaign by saying that he will get ~ one million Rupees in bank accounts of Indians by getting black money from foreign countries, will take-on China and Pakistan because he has 56 inch chest and other boasts to project his macho image] - it will be only a matter time that Modi as PM will use every trick to bring India under fascist regime where Hindutva goons (who demolished Babri Masjid causing communal riots in which thousands of Indians mainly Muslims were killed including in Gujarat massacre in 2002) will destroy rule of law in India and Hindutva brigade will try to instill fear in minds of every Indian for the purpose of pushing India into medieval mindset / period which these Hindutva brigades believe was a glorious period for Hinduism.

During last one week what has happened at Jawaharlal Nehru University (JNU) Delhi (where without allowing Vice Chancellor to conduct inside University inquiry, the students were arrested on charges of sedition) can not be without keeping Modi in the loop by Delhi Police and Home Ministry (under which Delhi Police comes). And if Modi does not know anything about such an explosive and important matter which is happening under his nose in India’s capital then he does not deserve to be in office for a single moment. Hence it should be a matter of concern to the lovers and defenders all over the world of freedom of expression and autonomy of universities (and their campuses) and they should expect Supreme Court of India (SCI) to rectify the situation as given below in view of the following :-

(1)- Legislation is merely an Statute and does not become Law unless recognized and administered by Judiciary. This sedition law especially about matters related to J&K precisely comes under this fundamental principle of jurisprudence where this law is not being enforced in Kashmir (as Delhi Police interprets it). In Kashmir not only separatists but ordinary people, politicians, people’s representatives and even ministers raise slogans issue statements and even pass resolution in State Assembly which if interpretation of law of sedition by Delhi Police is to be accepted then all these Kashmiris should be in Jail.

(2)- The said inconsistency in implementing sedition laws in J&K on one hand and in other Indian States on other hand is mainly due to dereliction of martially deficient Union of India which did not retrieve POK (even militarily). India is under delusion that mentioning in Constitution of J&K as integral part of India is enough without realizing that acquiescence and inordinate delay in retrieving POK has already damaged Indian title on POK due to adverse possession. Especially when Pakistan much smaller than India tried to take Kashmir militarily in 1947, 1948, 1965, 1971 during Kargil etc. At the top of it and to make matter worst the Indian military (instead of taking-on Pak military for retrieving POK) is showing its 'bravery' by training guns at civilians and Indian citizens of J&K especially in Kashmir valley under AFSPA etc. But then it should not be headache of SCI which should be concerned only about proper implementation of criminal laws all over India indiscriminately.

(3)- Apart from Kashmir factor in present age of IT revolution in social media similar so-called seditious materials do round 24x7 but governments (of Union and States of India) do not take action about it which is discrimination hence legally objectionable.

(4)- Moreover there is problem about implementation of these sedition laws as happened in case of allegedly derogatory video of Prophet Mohammed which caused riots world over especially in Muslim countries hence Muslims were demanding USA should ban this video. But US President Obama (through his speech at UN General Assembly) refused to legally ban that video by saying that in present age of IT revolution with a click of finger on mobile or on computer / laptop such videos can be sent world over to millions and millions of people hence it is impractical to be sensitive on such matters and absurd to ask for any legal measure to stop such things.

(5)- Laws and interpretation of laws in ‘Rajtantra’ (rule of monarchs and kings) and ‘Prajatantra’ (democracy) are supposed to be different . Laws in ‘Rajtantra’ tend to be Statists which tend to make State larger than life and extra powerful but in democracy individual citizen is the purpose of law hence freedom of expression is given high importance in democracy unless sedition really results in or highly likely to result (again subjected to judicial review / scrutiny) in public violence / armed rebellion.

(6)- Under fundamental rights the constitution under Article 14 guarantees equality before law and law inconsistent with fundamental right is void under Article 13 of Indian Constitution. Hence in view of above this sedition law under 124 A IPC deserve to be questioned and got repealed IN ITS PRESENT FORM by SCI.

(7)- This sedition case about JNU has now become a comedy where after statement of Union Home Minister (allegedly based on intelligence inputs) linking this JNU sedition episode with Pak terrorists (the mastermind of 26/11 Hafiz Saeed etc) not only national political parties (which had been in Union govt at times) like Congress, CPM, CPI etc but entire premier institution of higher learning as JNU have been absurdly branded as anti-national unpatriotic and having links with Pak and other terrorists.

(8)- But what is most dangerous (which shows the fascist tendencies of Modi government) is the incidence on Monday at lower court in Delhi (which is hearing this sedition case), as widely reported in print & electronic media of India where the goons of Hindutva forces (including 200 Advocates) have beaten up and intimidated students, faculty of JNU and journalist (including women journalists) who went their to watch and cover court proceeding against University Student Union President (who along with others has been charged for sedition). Not only Delhi Police but presiding officer of this lower court and other presiding officers in court premises (who also committed criminal offence by their acts of omission) remained passive spectators to this violence unleashed by Hindutva goons within court premises.

(9)- Thus fascist Modi succeeded in getting court proceeding conducted not in open court but after court working hours in the office of complicit Delhi Police where of-course presiding officer can easily be pressurized to dance to the tune set by fascist Modi government.

Therefore It is hoped SCI will not require to be told that how fascist Modi by using State functionaries and institutions and though Hindutva goons (including ministers and elected representatives of his party BJP) is trying to subvert rule of law and judicial system of India [with the use of muscle power (including of Advocates, the judicial community) in order to achieve the nefarious and fascist agenda of pushing India into medieval Hinduism based country] and it is further hoped that SCI will immediately take cognizance of this matter in order to:-

(i)- Question and repeal sedition laws in the present form

(ii)- Order Delhi police to drop all the cases related to sedition against Students of JNU

(iii)- Take (in the interest of protecting judicial system of India) strict action against those who were responsible for violence against students & faculty of JNU, Journalists etc in lower court of Delhi [more severe action especially against Delhi Police and members of Judicial community (both bench and bar) who are responsible for this court violence by their acts of omission and commission].

It is hoped that the world community too this time will not allow SCI to watch the demolition of rule of law & judicial system, helplessly as SCI did in case of demolition of Babri Masjid in December, 1992 where SCI so far has not restored legally imperative status-qua-ante of Babri Masjid which was demolished in presence of Supreme Court Observer and which has emboldened these goons of Hindutva forces so much.


Hem Raj Jain

(Author of Betrayal of Americanism’)

Bengaluru, India

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