One can find enormous literature on the subject of judicial independence and governance but a recent speech of the Chief Justice of India NV Ramana at Vijayawada can be ranked as one of the most strident and comprehensive description of the relationship between the law and governance that sustains constitutional democracy. The most eye-catching is an open admission that the cause of an overburdened judiciary with back-breaking pendency of cases lies within the legislature itself. The CJI highlighted that all three organs of government ie; legislature, executive, and judiciary despite the separation of powers need to function in coordination and mutual checks and balance, a principle enshrined in the Constitution. He brought the problem inside out by highlighting bad drafting of laws in the legislature to compromised roles of public prosecutors and a lack of accountability as a cause for executive slippages and decisions blatantly deviating from law. Yet the most important concern that I wish to focus upon and re-examine is the judicial oversight of executive actions which ensures and protects some basic norms of governance and citizen’s rights against wrongful administrative decisions.
One understands judicial oversight as a process by which the judiciary examines the legality of any executive action according to the provisions of the Constitution or law of a country. Through judicial oversight, the functions of bureaucracy are scrutinized and tested based on evidence for its validity or legitimacy. It is through a process of judicial review or by fixing a tortious liability of the state that good governance can germinate on stable grounds of democracy. The CJI expressed concern on being criticized for ‘judicial overreach’ as judicial review is a sine qua non of democracy notwithstanding a popular majority with the parliament which at no point can become a defence for arbitrary actions taken by the government. One reaches the judiciary only after exhausting means of justice available at every government department open for the purpose. It remains of utmost importance that this organ of governance is least influenced by power or by money while at the same time it is allowed to perform its most indispensable task of judicial review.
The Indian Constitution does not follow a rigid separation of powers principle and has a workable system of mutual checks and balance to maintain equilibrium amongst the three organs of the state for achieving better governance. Since Justice Mukherji’s judgement in 1955 case of Ram Jawaya v. State of Punjab the principle of separation of powers had been only of partial recognition till the issue got settled in the famous Keshvanand Bharti Case of 1973 when it was recognized as a basic feature of the Constitution and later was endorsed in the leading case of Indira Gandhi v.Raj Narain in 1975. In an ideal condition, if all three organs function within their sphere of authority there would be no conflict but because there are overlapping domains of action and chances of executive overstepping its assigned boundaries is more, judicial review comes handy to protect the rights and freedom of people. Indian Constitution is one of the most beautifully carved and sensitively designed document in the world which prohibits arbitrary action of the executive even in the worst of times but that which fails the Constitution is a popular majority in the Parliament trying to stretch itself higher than the Constitution. The history of independent India shows that recourse to use one’s popular majority to bypass laws have remained mere will-o’-the-wisp.
Normally, the judiciary does not interfere in administrative decisions unless there is a serious case of contravening the Constitution or the law for being malafide or arbitrary. There have been instances as grave as custodial deaths, child sexual abuse and serial killing where the Court has only interfered when approached by the aggrieved party. This general rule of locus standi of the approaching aggrieved party was relaxed during the tenure of Justice Bhagwati who in 1982 justified it on grounds of the said litigation being intended not for the benefit of one individual but for the benefit of a class or group of persons who are either victims of oppression or have been denied their constitutional rights but cannot come to the court because of their ignorance, poverty and destitution. This opened up a barrage of litigation from grassroots upwards leading to campaigns for the right to food, education, information and affirmative action at the community levels. While this became a weapon to expose corruption, abuse of law by authorities, faulty projects and many other policy slippages concealed behind opaque governance it created turbulence and a death knell for certain flagrant practices of the executives to fill their pockets. One cannot ignore that the politician-administrative-contractor nexus in implementing developmental projects in Gadhchiroli, Bastar and some places in the northeastern states is directly linked to the rise of anti-state and naxalite movements amongst the poor and marginalized inhabiting the terrain. Inundated with pro-poor PIL (Public Interest Litigation) measures the courts which were largely occupied by judges coming from elite and upper strata of society started looking at this legal tool with suspicion. Finally, judiciary’s disbelief that the country’s grassroot was so rotten overlooked indispensability of PIL as a citizen’s weapon when it started deriding it in a 2003 case of Ashok K.Pandey v. State of West Bengal as a ‘publicity interest litigation’ or ‘Private Interest Litigation’, ‘politics interest litigation’ or ‘paisa interest litigation’. It became easy for government counsels to prove that the allegations on administration were reckless and led with the purpose of public mischief. Since there were limits to a third person’s fight for an altruistic cause without support the PIL system weakened. The spirit of CJI’s lecture indicates that despite these criticisms, these measures do stand out to defend democracy and the Constitution.
If the spirit of CJI is so upbeat for protecting democracy and constitutional governance from malafide actions of the executive, Courts ought to go beyond the constitutional remedies available with the Apex Court under Art 32 and High Courts under Art 226. One would refer here the need to fix ‘tortious liability of the State’ or of holding the state vicariously liable for the wrongs committed by administration. An absolute immunity of government has never been recognized in the Indian legal system. Many brave judges have imposed liabilities upon government and tortious acts of its administrators and this list is pretty long. However, the list is shrinking in the last few years due to an emerging impudence against the Constitution and law which is becoming a chivalry and a badge of valour for many administrators.
The most common administrative violation is where building bylaws are blatantly subordinated to a nexus with contractors leading to deaths of innocent citizens. The district administration repeatedly allows unauthorized structures or grabbing of fragile wetlands. In 2015 a tragic incident at Mahendergarh, Haryana leading to the death of 11 construction workers in the wall collapse exposed negligence on the part of the district administration and the Haryana labour department. It violated the Building and Other Construction Workers’ (BOCW -Regulation of Employment and Conditions of Service) Act, 1996, as they did not get most of the labourers registered before the commencement of the work. The district administration allowed construction of the stone-crusher without a no-objection certificate. A bigger case of negligence was the Maradu Apartments at Kochi backwaters which got completion certificates from seven government departments without survey reports from any of them. In both cases the Courts questioned illegalities and in the latter its stringent action brought down the completed skyscrapers too but administrators party to the crime remained unpunished. The provisions for tortious liability of the state exists under Art 300(1) and has been clarified further in Nagendra Rao v. State of A.P. 1994 as, ‘suit against public officials for compensation for negligence or malfeasance is maintainable and defence of acting in the capacity of sovereign function in limited.’
Lately, police officers have been carelessly filing charges against activists under Section 124 A(sedition), 153A (promoting enmity between different groups on grounds of religion, etc) and 295A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the Indian Penal Code (IPC), along with provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Information Technology Act. Many cases such as that of Siddique Kappan and Munawwar Farooque were dragged for many months despite the urgency attached to habeas corpus petitions in courts. On the contrary the Uttarakhand police registered an FIR but never arrested any of them who gave an open call to genocide against minorities in a three-day ‘Dharam Sansad’ held in Haridwar. In some of the key cases involving top political brass of the country courts have remained powerless as in case of administration of UP which continued to name and shame 57 anti-CAA protestors in 100 hoardings across the city in complete violation of the Allahabad High Court orders for their immediate removal since it was an ‘unwarranted interference into privacy of people’. Much remains to be explored in the manner in which administration handled the Lakhimpur incident involving a Minister’s son running over and killing many farmers of the protest march.The Minister has yet to resign or accept his accountability and liability for the deaths.
As per law, an unlawful administrative act is no act in law. Yet, an illegal act continues to be in operation and continues to harm people in losses to life and property which goes uncalculated in courts. This dangerous position is summed up by the famous dictum from Lord Radcliffe’s speech in Smith v East Elloe Rural District Council , which should be noted by the CJI, “An order, even if not made in goodfaith, is still an act capable of legal consequences. It bears no brand of invalidity on its forehead. Unless the necessary proceedings are taken at law to establish the cause of invalidity and to get it quashed or otherwise upset, it will remain as effective or its ostensible purpose as the most impeccable of orders.” Since the 1990s, the judiciary has been awarding compensation to victims of wrongs committed by public authorities and in some recent judgments of the Apex Court, there is a clear tendency to fix personal accountability and penalty on administrators whose wrongful decisions to delay and abort the processes of law has gravely violated the constitutional rights of citizens. However, our country needs urgent judicial reforms to plug the gaps and loopholes of governance which are rooted in the manner law is treated at the table of the country’s decision-makers, bereft of ethics and personal accountability it becomes a beaten ping-pong.
The writer is president of Network Asia Pacific Disaster Research Group (NDRG), Senior Fellow at the Institute of Social Sciences (ISS), and former Professor of Administrative Reforms and Emergency Governance at JNU. The views expressed are personal.
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DESPITE COVID, ELECTION FEVER RIDES HIGH
Election fever is at an all-time high in the five states that are slated to go to the polls. In the build-up to the assembly elections, it was the farmers’ bill that was high on everyone’s radar, especially when these were rolled back. They were supposed to impact the elections both in Punjab and Uttar Pradesh. As the elections drew closer, one finds that these are not making the same kind of headlines. One reason for this is of course that these have been rolled back. The second is that in Punjab where this was a hot ticket issue, the BJP is not really a player. Every other party has come out in support of the farmers’ protests in their own way, be it the Aam Admi Party, the Akali Dal that walked out of the NDA on this issue, and the Congress. As for Western Uttar Pradesh, the farmers’ protests, low MSPs are an issue specially in the sugar cane belt. But since it’s the hind heartland, caste equations also have equal heft, as do religious divides. For the SP and the RJD, getting the Jats and Muslims to vote together on the same issues, overcoming the communal faultlines will be a challenge.
Moreover, let’s not forget that these elections are taking place during Covid times. The economic downturn of successive lockdowns has taken its toll on everyone. Hence the promise of 300 units of free electricity has hit a chord both with Arvind Kejriwal’s voters in Punjab and Akhilesh Yadav’s voters in Uttar Pradesh. Other parties have followed suit. What is also interesting is that the PM’s security breach has not blown up into a big-ticket issue despite the BJP playing it up both on social media and on the ground.
If we take a look at the two big high profile states, Punjab and Uttar Pradesh, we see that four different parties are dominating the election narrative. The state of Uttar Pradesh is witnessing a high voltage battle between the BJP and Samajwadi Party; while the AAP & Congress appear to have the edge in Punjab. In UP the narrative is one of Kamandal Vs Mandal, while in Punjab both parties are fighting to prove which one is the real aam admi. While Kejriwal has dibs on that tagline, Congress Chief Minister Charanjit Singh Channi is out to prove that he is more of a people’s person. He gives interviews on charpais, in a mustard field, he stops his cavalcade to help accident victims, and reaches out to protestors in the streets. Plus he is a Dalit face, taking the edge away from Kejriwal’s promise to prop up a Dalit Chief ministerial candidate from AAP.
To distract from the fact that he was going back on his word, the AAP held a referendum amongst the people of Punjab and came up with Bhagwat Mann, the party MP from Sangrur as its CM face. In fact, Mann was also the party’s state president but he resigned in 2018 when Kejriwal apologised to the Akali Dal leader Bikram Majithia for alleging he was involved in drug trade. A stand-up comic, Mann is the party’s star campaigner, he gets the crowds but this is the first time his leadership mettle will be tested. However, this is clear. If the AAP does come to power, it will be Kejriwal himself who will be running the state and not Mann. This is evident from the AAP campaign which says Ik Mauka Kejriwal Nu (give Kejriwal a chance). And the manifesto that he is taking to the people of Punjab is the Delhi Model of Governance.
This has put pressure on Congress to announce its CM face – whether it shall be Channi or the PCC Chief Navjyot Singh Sidhu. A Sidhu Vs Mann fight would make great TRPs as both are stand-up comics and come up with great oneliners. However if the Congress props Channi then it will be Kejriwal who will take him on, and both will play up the optics of being an aam admi.
In the end, it’s the poll season and despite these being Covid times, it’s also a time for some old-fashioned politics.
A campus murder, an errant actor and acquittal of a bishop
On Friday Kottayam Additional Sessions Judge acquitted Father Franco Milakkal, the former Jalandhar Bishop of the Catholic Church, of all charges in the alleged rape of a nun.
A cold-blooded murder that ended on a farcical note, a high-voltage murder plot that is turning murkier by the day, a bomber of a sensational acquittal of a bishop— It was an eventful week for Kerala and the Left Front government. The murder of a 21-year-old engineering student-supporter of the ruling CPM’s student wing Students Federation of India on Monday sent shockwaves across the state and paved way for a slanging match between the CPM and the opposition Congress but degenerated into a Thiruvathirakali, a traditional Kerala dance form, that made the CPM see red. By Wednesday, the murder had been pushed back with a popular film actor, who is under trial for his role in a high-profile abduction and rape of a colleague actress, being framed on charges of conspiracy to kill the investigation officer probing his case. By Friday, a sessions court judge in central Kottayam dropped a bombshell by letting free a bishop charged with multiple rape of a nun in a nunnery in Kuravilangad, 45-minutes drive from Kottayam town, over a period of two years. All three incidents put the government and the ruling CPM at the centrestage even as Chief Minister Pinarayi Vijayan set off to the US for medical treatment.
The murder of the young engineering student was most foul, no doubt about that. But what followed the return of politics of murder on the campus was demeaning. Within hours of the murder, a prominent Youth Congress leader of the area was arrested and as the investigation began the CPM accused the current Congress leadership of plotting the murder and declared martyrdom for the student, Dheeraj Rajendran, who is barely known outside his friend circle in the college in Idukki. The Congress president K Sudhakaran, not given to niceties, shocked Kerala by saying that the CPM had “intentionally grabbed this martyrdom. They are not sad, but happy about it.”
But before the all-round condemnation died down, the decision of the CPM to take the body of the SFI activist by road – the funeral procession was supposed to stop at every prominent town to give floral tributes to the slain student– to his native Thaliparambu in CPM stronghold Kannur raised many eyebrows. It was clear that the party was out to capitalise the murder to the fullest, like one squzzes a lemon to take out the last drop of juice. Out came the news that overnight CPM had bought eight cents of land next to Rajendran’s house at Pattapara village in Thaliparambu. Rajendran’s body was cremated with “full party honours” there early Wednesday with the CPM announcing erection of a memorial there. Kannur is littered with such memorials, most of them lying uncared for. But the party, over the years, had made a killing in the name of raising funds for such memorials. But the hypocrisy of the CPM came to full light when it was revealed that as the funeral procession crawled its way, in state capital Thiruvananthapuram party functionaries were enjoying a Thiruvathirakali performed by 502 party women supporters singing paeans for Comrade Pinarayi Vijayan. a la North Korea’s Kim Jong-un. Not only was it in violation of Covid norms prevailing in the state, but also it was an insult to the memory of the young student for whom the party was supposedly grieving. Such is the stuff politics is made of in Kerala. The trial against popular cine actor Dilip for his involvement in the abduction-rape of a fellow actress way back in February 2017 has been on closing stages when a new allegation against the actor plotting the murder of an investigation officer has come up. This has now paved the way to the reopening of the case where almost all the prosecution witnesses had turned hostile over the years. But this has put the focus straight on the state government which is sitting on the report of a commission it had set up to look into the shady dealing in the state film industry in the wake of the assault on the actress. The Justice Hema commission of which two-time Urvasi winner renowned actress Sharada is a member submitted a 300-page report to Chief Minister Pinarayi Vijayan on December 31, 2019. However, the government was sitting over it for the past two years on the contention that the report is “too explosive and dangerous” and would put the “reputation of many bigwigs at stake”. As questions on who all the government was trying to shield were raised in the light of new revelations against Dilip, the government on Wednesday constituted a three-member panel to further study the Hema commission report. This has come as a cruel joke on all those actresses who have been fighting for justice for their colleague. The government has to clear the air of suspicion surrounding the case.
But the icing of the cake came on Friday when Kottayam Additional Sessions Judge acquitted Father Franco Milakkal, the former Jalandhar Bishop of the Catholic Church, of all charges in the alleged rape of a nun. There was outrage and celebration (crackers and distribution of sweets) at the same time as a divided Kerala tried to live through the verdict. Unlike in the actor’s case not one of the 37 witnesses turned hostile despite the lure of money and threat from the Church. Still the court found no concrete evidence to convict the bishop, though the full report is yet to be released. “This is a case in which the grain and chaff are inextricably mixed up. It is impossible to separate the grain from the chaff,” the court said. The order further said that “this court is unable to place reliance on the solitary testimony of PWI (Primary Witness) and to hold the accused guilty of the offenses charged against him.”
It was on June 27, 2018, that a nun, currently residing at the St Francis Mission House, Kuravilangad, had approached the District Police chief, Kottayam, with a complaint against Bishop Franco Mulakkal. As per the prosecution’s case, Bishop Franco had raped and forced her to have unnatural sex on many occasions between 2014 and 2017. The Church vehemently denied the charges and stood solidly behind the Bishop. The Church even tried to depict the nun as a ‘loose woman.’ The Left Front government, too, fearing backlash from the community, tried to ignore the case. It took five sisters from Kuravilangad House to stage a dharna in Kochi, forcing the government to act. Soon after, a special investigation team was formed, which arrested Mulakkal after several rounds of questioning. Subsequently, he was removed from the post of bishop. After weeks in judicial custody, Mulakkal secured bail from the Kerala High Court. Still the Church and the Bishop used their money power to silence the protesters. A month after the rape trial begun, the police officer who investigated the charges was summarily transferred, triggering allegations that the move was aimed at weakening the case. A key witness, also a priest, died in mysterious circumstances. A prominent casualty being Sister Lucy Kalappurakkal who was in the forefront of the agitation for justice for the nun, being a part of the Save Our Sisters Forum (SOS), an outfit formed in the wake of the nuns’ protest, was expelled from the Franciscan Christ Congregation (FCC). She is still fighting her case, refusing to quit the congregation. Even as the SOS is determined to move the higher court, the government is yet to react. Pinarayi Vijayan as Home minister has to take the final call. The next 60 days, the time given for further filing of petitions, is crucial for the nuns who, as some say, are worse than those Dalit and Adivasi women violated day after day.
OVERHEARD: Now, Chinese leader Xi Jinping can breathe easy (On CPM Politburo member, S Ramachandran Pillai’s comment that attacks on China in India is actually aimed at the CPM)
The trial against popular cine actor Dilip for his involvement in the abduction-rape of a fellow actress way back in February 2017 has been on closing stages when a new allegation against the actor plotting the murder of an investigation officer has come up. This has now paved the way to the reopening of the case where almost all the prosecution witnesses had turned hostile over the years. But this has put the focus straight on the state government which is sitting on the report of a commission it had set up to look into the shady dealing in the state film industry in the wake of the assault on the actress.
BRAHMOS DEAL IS A SIGNIFICANT STEP TOWARDS AATMANIRBHAR BHARAT
It’s of immense significance that India has got the order to supply the Brahmos supersonic missile to Philippines. It is significant for both domestic industry and for India’s broader strategic interests. Prime Minister Narendra Modi has kept an ambitious target of reaching $5 billion (roughly Rs 35,000 crore) exports in defence and related goods by 2025. For defence production, the target is $25 billion by 2025. The government says that it is building a robust defence infrastructure based on the three pillars of research and development, public and private defence production, and defence exports. There is no doubt that defence production has got a major push from Prime Minister Narendra Modi’s government. A lot of steps have been taken including the corporatisation of Ordnance Factory Board (OFB), the setting up of two Defence Industrial Corridors in Tamil Nadu and Uttar Pradesh, raising the FDI limit in the defence sector to 74% if it is through the automatic route and 100% if such investment takes the government route. The government has also formulated a draft Defence Production and Export Promotion Policy 2020. It has prioritised procurement from domestic industries. The role of the PSUs in delaying production has been curtailed with active participation of private players in the defence sector. Several such reformatory steps have been taken to reorganise the defence sector and the numbers are picking up. From defence exports worth a little over Rs 1,500 cr in 2016-2017, the defence export bucket has increased to nearly Rs 8,500 cr in 2020-2021—a part of this was the “big ticket” $100 million order bagged by L&T in 2016 to design and manufacture high speed patrol vessels for the Vietnam Border Guard. All this is a huge step towards bolstering domestic industry, which was ignored by successive governments over the decades.
It is in this context that the Brahmos deal worth $375 million (Rs 2,270 cr) has to be seen. It’s a small step in the direction India can take to become a defence exporter from one of the largest buyers of defence equipment, but a step nonetheless. The best thing about the Brahmos is, one of the world’s fastest supersonic missiles with 95% accuracy, and which can operate from land, air and water, including from submarines, is now 90% Indian, with dependence on critical components from Russia reduced to the minimum. The buzz is that even Vietnam and Indonesia have shown an interest in Brahmos. Defence experts say that it is not just Brahmos, even the Akash surface-to-air missile and the Tejas light combat aircraft among others may find buyers abroad. Hence, this is an area where a lot can be achieved in terms of realising India’s potential and making it a $5 trillion economy inside the next couple of years.
As for the South China Sea countries that are the first line of defence against a malign power, it is in India’s broader strategic interest to arm them with missiles, and thus help them reduce the gulf that exists between them and China militarily. This can be a part of India’s strategy of containing China, apart from increasing India’s influence in the region, which can have a likely positive impact on trade with the ASEAN countries. India does not need to be the “security provider” for the South China Sea countries. Apparently, that role is “reserved” for the United States. However, the US has been failing in its job, if Philippines’ experience in 2012 is anything to go by, when US did not do anything to help it during the standoff with China over the Scarborough Shoal. This is one of the reasons why countries in the region are sceptical about the US. This scepticism has been aggravated because of the manner in which the Afghanistan pullout happened. So there is a possibility of this region becoming a major importer of defence equipment in the near future. There is no reason why India should not get a share of that market.
Modi phobia has blinded Gregory Stanton and Co
The earlier predictions of the ‘Genocide Watch’ founder on Kashmir, Assam and CAA too were proved wrong, and nobody in India takes Gregory Stanton seriously.
Anti-India non-State actors are ganging up in the United States to paint India as a dangerous place. Islamists and Leftists have joined hands with Dr Gregory Stanton—the renowned professor on genocide—to say that India is inching closer to genocide. He warned a Congressional hearing on 12th January of an impending genocide of Muslims in India.
It may ring familiar since sometime back anti-India forces had roped in singer Rihanna and environmentalist sensation Greta Thunberg to tweet on farmers’ issue in India. While Indians did not take Rihanna or Thunberg seriously, one does not know if these two were victims of propaganda or greed.
I was aghast at this comment. What could be the motive for Stanton to stick his neck out? He has already predicted that India is on the eight stage which is just one step away from genocide. The basis of his immediate provocation is objectionable utterances by some participants at the Dharma Sansad in Haridwar against Muslims. The State has acted in terms of lodging an FIR and arresting the accused and the Supreme Court has been keeping an eye on the action by the State.
But nobody in India is losing sleep over what happened in Haridwar for the simple reason that India is too big and resilient to allow such incidents to disturb the social fabric. The same way the country had absorbed the statement of Akbaruddin Owaisi of the AIMIM who had said that if police is removed for 15 minutes, Muslims will finish 100 crore Hindus. Although the speech is used in debate to show communal polarisation, nobody takes the statement seriously.
Everyone in India knows that the sadhus at the so-called Dharam Sansad had no locus standi in terms of their affiliation with the BJP or even the Sangh Parivar. It is doubtful if they could be called a credible representative organisation of the Hindu angst. A similar incident had happened at Jantar Mantar where people had shouted anti-Muslim slogans and some arrests were made. But now that the Dharam Sansad has got into international prominence, it may also be inquired whether they became a victim of international conspiracy. There are a number of organisations working hand-in-glove to create such a situation and then to use that to defame the country.
Stanton’s argument is that the Prime Minister did not condemn the incident. Ridiculous to expect that Narendra Modi would go on issuing condemnation one after the other only to embolden such happenings. The law of the State should act and Stanton was not briefed properly to know that law and order in India is not the subject of the Prime Minister but of the various State governments. It is only when the States fail in the task that the Central government intervenes.
An average Indian who does not normally react to such international propaganda thinking this will subside, would be shocked to hear that Stanton’s ‘Genocide Watch’ has compared the situation to Rwanda in the 1990s and Myanmar (due to Rohingya Muslims). To speak in such derogatory terms for a thriving democracy which has robust institutions of checks and balances would be considered sacrilege by any Indian citizen worth his salt.
Stanton was proved wrong earlier so far as his prediction for India is concerned and he may be nursing his wounds because of that. While addressing an audience of Congressional and US Government officials at a briefing titled “Ground Reports on Kashmir and NRC” in Washington DC on 12 December 2019, he said: “Preparation for a genocide is definitely underway in India.” He claimed that Muslims were being persecuted in Assam and Kashmir and described this as the stage just before the genocidal stage in his famous “10-Stage Genocide Process”. These things never happened. In the Assembly elections last year, the BJP-led National Democratic Alliance won 75 of the 126 seats in Assam to the Congress’ 50 and formed the government for a second time.
The problem is that Stanton is in bad company. An independent research would give him a different picture about India. He has ganged up with the likes of Teesta Setalvad who tried her best to malign Narendra Modi but failed miserably. The might of Amnesty International, that was caught red-handed committing fraud in India, is now with these people along with other organisations that work for Muslim cause such as the Indian-American Muslim Council (IAMC). The IAMC has already asked Indian Muslims settled in different States of the US to influence their representative for Congressional hearings on the status of Muslims in India.
The Indian government has banned thousands of NGOs from taking foreign funds since they refused to comply with the Indian legal system. Some international NGOs thought they were powerful and they could bend the government but they have failed. Amnesty had imagined that the United Kingdom would come to its rescue but the UK, which is rule bound, would not do anything to ask India to bend its laws. All these NGOs, rubbed by the Modi government on the wrong side, have an axe to grind and are trying to show their power of mischief. They are likely to do similar things in the European Parliament in an attempt to defame the Modi government. Not that this would make much of a difference to either Modi or India, but the fangs of these organisations are getting exposed.
Stanton is a Modi hater. Even in his speech released on various social media platforms, he minces no words to demonstrate his hatred. He intentionally referred to Gujarat riots of 2002 and said that Modi as the Chief Minister did nothing. He even said that “Modi encouraged those massacres”. The facts are to the contrary. Army was called within 24 hours, the shortest span in the history of riots in India, and no inquiry has found Modi not doing anything. Stanton is cocking a snook at the Indian judiciary since Modi has been held not-guilty by Indian courts.
Let us see another statement of Stanton. He criticised Modi for revoking the special status of Jammu and Kashmir in 2019 and for passing the Citizenship Amendment Act (CAA). To him, the revocation was intended at restoring Hindu domination. He found that the CAA was aimed at targeting Muslims. Both are false. Revoking Article 370 has been one of the core ideological issues of the BJP since the party considered it divisive and had been advocating complete integration of the State with India. And the CAA is intended to grant citizenship rights to those persecuted minorities that had come to India from Pakistan, Afghanistan and Bangladesh. Clearly Stanton has been bought over by the Islamist narrative. He claimed that 200 million Muslims would be victims of the CAA.
Stanton’s real pain is visible when he says that the Indian Constitution was devised to make India a secular country and not a country based on Hindutva. He complements the Congress for maintaining the secular character of India in the initial years after Independence.
“What we have now though, an actual member of the RSS (Rashtriya Swayamsevak Sangh) — this extremist, Hindutva-oriented group — Mr Modi as [the] prime minister of India. So, what we have here is an extremist who has taken over the government,” he said. Batting for Congress and attacking Modi is an old trick adopted by many RSS-BJP haters.
Now we know why he is in a bad company. This is because he is suffering from Modi phobia. Calling the Indian Prime Minister an ‘extremist’ would not be appreciated by any world leader who has interacted with Modi. He has earned friends and has impressed them with his commitment to democracy and development. Stanton’s utterances are an affront to the honour and dignity of an average Indian who sees hope in their Prime Minister, Narendra Modi.
There are some people and vested interests that always wanted the Indian poor to suffer. Health card for the poor, a bank account for them where they get direct benefits through electronic transfer of funds and a free ration so that they don’t die of hunger have helped Modi emerge as the messiah of the poor. His schemes do not discriminate between Hindus and Muslims. These things don’t suit the Western narrative.
He has reined in corruption and given a level playing field to people who want to take the country forward. India is now home to the third largest number of Startup Unicorns after the United States and China. It will soon have 100 such unicorns each valued with a minimum value of USD 1 billion.
The pain of anti-India forces is the country is progressing despite being an area of potential conflict. The prophets of doom are being proved wrong. The incidents of terrorism have come down and Hindus and Muslims are trying to settle their issues through intellectual discourse. Genocide Watch also intends to influence the decision of MNCs which may be planning big investment in India now that the honeymoon with China appears to be almost over. India under Modi is a very attractive destination for these investors. FDI inflow during the last seven years (2014-21) was USD 440.27 billion which was 58 per cent of the total FDI inflow of USD 763.83 billion in the last 21 years. This is despite the pandemic.
Where does this leave Stanton and his likes? The West and Europe are shy of facing the charge of being Islamophobic. They have not been able to work out a full-proof mosaic society, where Muslims, a miniscule minority there, do not face discrimination. India is working well despite having a Muslim minority that has more population than any caste Hindu group. So, it makes sense for people like Stanton to take up the cause of some Muslims in the US who may be charged up by the motivated narrative that goes out from India. This would at least save Stanton from not being labelled Islamophobic. But they have to be wary of Modi phobia too. This blinds your vision and forces you to go wrong.
The writer is the author of ‘Narendra Modi: the GameChanger’. A former journalist, he is a member of BJP’s media relations department and represents the party as spokesperson while participating in television debates. The views expressed are personal.
NON-CRICKETING REASONS FORCE KOHLI TO QUIT TEST CAPTAINCY
Virat Kohli, the country’s most successful Cricket Captain had to give up his position due to politics within the Board of Control for Cricket in India (BCCI). It is apparently an array of the non-cricketing reasons that have compelled him to step down, and it would become a very difficult job for the administrators of the game to find his replacement. Kohli made this public declaration of relinquishing his Captaincy after first informing his own teammates and Head Coach Rahul Dravid besides speaking with BCCI secretary Jay Shah. The announcement has left Cricket fans shell-shocked and the entire Cricketing fraternity throughout the world has hailed King Kohli as one of the best in the game and someone whose contribution in making India, amongst the topmost cricket-playing nations is an acknowledged fact. While it is for sports writers and experts to figure out how the team shall be rebuilt, there are reports that Kohli was likely to be served a show-cause notice for publicly contradicting the BCCI president Sourav Ganguly on the issue of giving up the T-20 Captaincy, before the team embarked for the South African Tour. It was to pre-empt the show cause notice that he took this drastic decision. It goes without saying that after the exit of Ravi Shastri as the Indian Coach, Kohli had very little support left, and it would have been a matter of time that he would have quit.
Dravid is a legendary all-time great of the game but his and Kohli’s personalities are totally apart. There has also been a lot of politics within the Board where the West Zone has regained control of matters and has the final say in major decisions including team selection. The complexion of the Indian team shows how certain players have made it to the squad due to regional bias that has triumphed over merit. Kohli had made the Indian side into a fighting force that was feared by all Cricketing countries. In the pre-Kohli era, whenever team India lost on a foreign tour, fans would accept the outcome. However, after Kohli took over the leadership role, the expectations were always high and the recent loss to South Africa was described by everyone as “an upset”. This was Kohli’s influence over the game and his teammates.
Sunil Gavaskar, perhaps the greatest Indian batsman ever, feels that giving up Captaincy would help Kohli to concentrate on his batting. His opinion is that many more centuries would now flow from Kohli’s willow in the next five or six years of Test Cricket he shall play, given his exceptional fitness levels. India has to look for a new leader who can lead from the front and earn the respect of all the teammates. Rohit Sharma and KL Rahul are the front runners but one cannot rule out R. Ashwin to be in the reckoning also. Gavaskar is of the view that Rishabh Pant would make a very good Captain. However, the Board must seriously consider Ajinkye Rahane even though he has not been in the best form of his life. His Captaincy in Australia had been extraordinary and from the current crop of players, he would be a very good choice during this transitional phase till a new leader can be identified.
Just a ‘security breach’ or a sinister plan?
Unsurprisingly, after the inexplicable dereliction of duty by Punjab administration and police, defiance of all the existing protocols and sheer disrespect of the Constitutional authority, the Congress regime made a mockery of the incident.
The unprecedented breach in the security of the Prime Minister of India has left the entire nation shocked and aggrieved. It is difficult to believe that the cavalcade of the world’s most popular leader gets stranded for more than twenty minutes over a flyover merely ten kilometers away from the Pakistan border. Historically speaking, India has never witnessed a security lapse of such a magnitude where busloads of protestors brazenly obstruct the PM’s convoy. The casual and high-handed manner in which the security of the PM was handled is even more shameful and raises serious doubts upon the intention of the Congress government in Punjab.
The absence of the Chief Minister, DGP and Chief Secretary of Punjab for the customary reception of PM, false assurances of route clearance given by DGP and refusal by CM Channi to get on the phone for resolving the issue goes fundamentally against the ethos of democracy and is sufficient to raise a cloud of suspicion. Unsurprisingly, after the inexplicable dereliction of duty by Punjab Administration and Police, defiance of all the existing protocols and sheer disrespect of the Constitutional authority, the Congress regime made a mockery of the incident. While the situation demanded an immediate and prompt response from the CM as the security of the supreme elected head of the state was under threat, he preferred to engage himself in whataboutery. He candidly questioned the need for opting the land route despite being well aware that the weather conditions were not conducive for a safe flight. Is it not enough to suggest that the Congress desired the Prime Minister to meet the same unfortunate fate as that of first CDS Late Gen. Bipin Rawat and thirteen others who succumbed to a plane crash recently?
The other Congress leaders reduced the security lapse to a narrow prism of another political stunt, completely putting a blind eye to the potential threat faced by the PM from global terrorists for enjoying an overwhelming popularity across the world. However, the glaring gaps in security must not be seen as an isolated event rather it just seems to be a tip of an iceberg. It reeks of a larger sinister plan to create unrest in Punjab and the rest of India. It would not be absurd to say that the Congress has a predominant role in fueling up this conspiracy against the nation. According to media reports, the DGP of Punjab got in touch with senior members of the government and conveyed his inclination to use ‘force’ to disperse the protestors but he was told to exercise restraint. Without paying any heed to the fact that the security of the PM is sine-qua-non to maintain stability in the country, he was further ordered to not do anything which could put the state government in a fix. One of the leaders of the protestors has publicly admitted that he was informed by the SSP of Punjab Police about the route of the PM’s convoy whereas the existing norms do not allow anyone to disclose this fact. It undoubtedly hints towards the mala-fide intentions of the Congress government to create another riot against Sikhs with an aim to whitewash its own blot of 1984 killings.
It is an established fact that Congress can stoop to any low to retain its power. The security personnel deployed at the spot where PM’s cavalcade was stuck were seen enjoying tea with the protestors. What were the reasons that compelled the celebrated Punjab Police to act so loosely? This shameful display of connivance of Police officials with the protestors cannot be made possible without political patronage from the Congress leaders in power. In the 1980s, Congress supported extremists to dethrone Akalis and dissociate them from Sikhs in order to gain power. In the process of achieving its political goals, it set the peaceful environment of Punjab on fire as mayhem surrounded the entire region. As a result, Punjab witnessed mass killings, terrorist attacks and separatist insurgency, ultimately leading to the mysterious ends of many of its leaders including the assassination of Prime Minister Late Indira Gandhi. Sadly, Congress leadership doesn’t want to learn from its own doings in the past and has restarted echoing the voices of secessionist elements. The blatant appeasement of the fervid proponents of Khalistan by Congress who created ruckus in the recent farmers’ agitation sends a clear message that it will do anything to retain power, even if it means another partition of India.
Moreover, it cannot be a coincidence that three terrorists were arrested from around the same sensitive region soon after the incident. A few videos surfacing over the internet which were uploaded a year ago eerily reflect the similar events which transpired during the security breach. The FIR registered against 150 unidentified persons after the incident does not mention the security breach rather it only deals with the obstruction in any public way attracting a penalty of meagre two hundred rupees. Thus, the aftermath of the incident is self-explanatory and indicates Congress’ deep plunge into the murky waters of depravity and moral turpitude.
Once a prominent leader of Jana Sangh, Balraj Madhok had famously remarked that if Congress is malaria, Communists are a plague. This comparative analysis of both the ideologies has taken a new turn in the contemporary parlance. The recent turmoil created by Congress suggests that it has unhesitatingly adopted the Communist’s infamous goal of anarchy. This thirst of grabbing power at the cost of compromising PM’s security makes the situation even more worrisome and uncannily resembles a deadlier pandemic for a vibrant constitutional democracy like ours. Though this incident has unraveled many nefarious agendas of the Congress party but a plethora of questions still remain unanswered. It cannot be outrightly denied that the protestors and police were certainly hand in gloves with those at the top levels acting in cahoots. The people of Punjab have witnessed misgovernance and complete collapse of law and order in the past one year and hence, they will take the Congress party to task by voting them out of power in the upcoming elections.
Writer is the Co-Incharge BJP, Jammu & Kashmir Affairs. Views expressed are the writer’s personal.
Congress leaders reduced the security lapse to a narrow prism of another political stunt, completely turning a blind eye to the potential threat faced by the PM from global terrorists for enjoying overwhelming popularity across the world. However, the glaring gaps in security must not be seen as an isolated event rather they just seem to be the tip of the iceberg. It reeks of a larger sinister plan to create unrest in Punjab and the rest of India.
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