THE MAIN ISSUES OF PSYCHOLOGY AND PEDAGOGY

E-ISSN	1829-1295
P-ISSN
Publisher Name	Armenian State Pedagogical University after Khachatur Abovyan
Email	intercoop85@mail.ru
Language	Armenian,English,Russia
Starting Year	2007
Discipline	Psychology
Frequency	Quaterly
Website	http://www.miopap.com/en/em.html
Country	Armenia
Accessing Method	Online
Articles Format	Hard Copy
License Type	Normal
Impact Factor	1.569 (2015) 0.58
Description

Demandas para a educação a distância no Brasil no século XXI

E-ISSN	978-85-93243-32-5
P-ISSN
Publisher Name	Antonella Carvalho de Oliveira
Email	selecao@atenaeditora.com.br
Language	Português
Starting Year	2017
Discipline	Educação
Frequency	Semi Annually
Website	http://www.atenaeditora.com.br/wp-content/uploads/2017/07/E-book-EAD-Vol-1.pdf
Country	Brazil
Accessing Method	Internet
Articles Format	PDF
License Type	Normal
Impact Factor	0.88
Description	A Atena Editora tem a missão de disseminar o conhecimento científico por meio da editoração e publicação de livros de qualidade. Seu trabalho, reconhecido nacionalmente, conta com a parceria de pesquisadores em diferentes áreas do conhecimento, o que potencializa reflexões e discussões com vistas a promover o desenvolvimento científico, econômico e sociocultural da sociedade dos dias de hoje, uma sociedade baseada no conhecimento. Nessa perspectiva, esta publicação aproximou pesquisadores, editores e estudiosos da área da Educação e movimentou iniciativas e desafios quanto às demandas de educação a distância no País. Este e-book, denominado Demandas para a EaD no Brasil no Século XXI, é o resultado desse movimento. O volume 1 desta obra está organizado em três eixos temáticos. O primeiro eixo, práticas pedagógicas, traz pesquisas e experiências de concepção, desenvolvimento e execução de soluções educacionais em diferentes contextos com o objetivo de ampliar a oferta de formação a distância, porém, não distante. Isso possibilita desenvolvimento contínuo do estudante, além de inclusão e formação ativa do aluno, e também exige capacitação docente, políticas definidas e recursos educacionais diversos. O segundo eixo, avaliação, apresenta uma análise do conceito que essa discussão envolve. Ainda é feita a descrição de práticas e tecnologias com o intuito de avaliar para além do quantitativo, o que permite a seguinte reflexão: avaliar, no século XXI, deve contemplar a verificação de mudanças cognitivas e comportamentais a partir do estímulo à autonomia nos estudos, que devem acontecer de modo ativo e participativo, em um contexto no qual aluno e professor comprometem-se com a formação. O terceiro eixo, evasão, destaca causas relevantes que interferem diretamente na evasão no processo de formação a distância. Com base em um olhar teórico e prático, destacam-se algumas estratégias de intervenção, como tecnologias educacionais e interatividade, para potencializar a permanência e o aproveitamento do aluno no curso. Considera-se que a oferta de formação exige o acompanhamento com políticas claras de formação e desempenho, independentemente da modalidade. O problema da evasão pode afetar diretamente a segurança e autoconfiança do indivíduo, bem como acarretar a subutilização de recursos pessoais e materiais da instituição ofertante. Assim, apresenta-se este e-book como uma oportunidade para refletir sobre os rumos tomados pela EaD no Brasil, assim como sobre as iniciativas e práticas de grupos em prol da efetivação e congruência dessa modalidade de ensino como uma oportunidade de formação continuada e inovação nas práticas educacionais.

ICJ Snubs Pakistan And Stays Kulbhushan Jadhav’s Execution

Coming straight to the core issue, let me begin first and foremost by pointing out that in a major boost to India and a huge relief to the family of Kulbhushan Jadhav who had been waiting very anxiously all along for the judgment to come, the International Court of Justice (ICJ) on May 18, 2017 very rightly stayed the execution of former Indian Navy officer Jadhav who had been sentenced to death by a Pakistan military court on charges of espionage and subversive activities. Pakistan had no strong evidence to prove that Kulbhushan Jadhav was a terrorist. Its specious arguments were thrown aside by the ICJ and India’s convincing arguments presently flawlessly and most elegantly by one of the best and most learned lawyers of India – Harish Salve won the day for India!

Let me also pen down that no law on earth can justify Kulbhushan Jadhav’s hanging on “whimsical, arbitrary and illogical” grounds. Pakistan is just using a retired naval officer who was doing business to hugely embarrass India by projecting him as a serving officer who was indulging in acts of terror in Pakistan. It is outright most blatant violation of all canons of justice and can never be justified under any circumstances. It is not for nothing that lawyers of India all over the country at the call of the Bar Council of India observed one day of protest against the death sentence meted out to Jadhav without following the “due procedure of law”!

What a pity that Indian High Commissioner in Islamabad Gautam Bambawale has met Pakistan Foreign Secretary Tehmina and asked for a certified copy of the chargesheet as well as the judgment on Jadhav but that too elicited no response! Even Pakistan People’s Party chief Bilal Bhutto has said that the matter is disputed which cannot be dismissed lightly! If he was a spy then why was he carrying his own original passport? Why he did not use a fake one if indeed he was a spy?

Let me bring out here that the former Pakistan Ambassador to the US – Hussain Haqqani has severely criticized the death sentence awarded to retired Indian navy officer Kulbhushan Jadhav, saying Islamabad’s “spy games” are making it tougher for the two South Asian neighbours to even explore peace. Haqqani minced just no words in making it crystal clear that Jadhav’s conviction would have been more convincing had it resulted from an open trial. There can be no denying it. “But as with much about Pakistan, the trial’s short and secretive timeline may have more to do with internal dynamics than with the merits of the case itself,” he wrote in an op-ed in The Wall Street Journal. Haqqani, who presently is the Director for South and Central Asia at the Hudson Institute which is a top American think-tank was forthright in admitting that putting an Indian on death row was an easy way to scuttle the momentum for new talks. The former Pakistani diplomat also alleged that Islamabad is unlikely to change its policy of using terrorists groups for its national security. Yet Pakistan instead is calling a retired Indian naval officer a spy and a terrorist. Isn’t it a theatre of the absurd?

Major Navdeep Singh (retired) who is an expert in military law and is an advocate in the Punjab and Haryana High Court and founding President of the Armed Forces Tribunal Bar Association is at pains to point out that, “India does not try civilians in military courts. Even those facing charges of espionage are tried by our regular judiciary with the full rights available to any other citizen.” But see what has Pakistan done in case of Jadhav! Major Navdeep rightly points out that, “Comparing Kasab’s case with Pakistan’s questionable Jadhav trial is difference between rule of law and rule of the jungle.”

We also need to bear in mind that a court martial in Pakistan does not enjoy any independence! Major Navdeeep rightly points out that, “The prosecuting agency, the prosecution, the defence members of the jury, convening and confirming authority and shockingly even the appellate body function under one agency, that is, the military, and it is all thoroughly delimited by command influence. While the civil judiciary would provide the full spectrum of rights and defence, examination of evidence, professional and a decision by a proper judge trained in law, over months or even years, all procedures are bypassed in a military trial and a non-challengeable verdict is handed out in a few minutes.”

Let me bring out here that Kubhushan Jadhav was arrested in March 2016 in the restive Balochistan province. In April 2016, a military court sentenced him to death for alleged involvement in spying and subversive activities. India has strongly contended that Jadhav was kidnapped from the Iranian port of Chabahar by Taliban and sold for a huge amount to Pakistan’s ISI and his secret trial was a “farce”.

While craving for the exclusive indulgence of my esteemed readers, let me also inform them that the 11-Judge Bench of the International Court of Justice unanimously ruled that Pakistan shouldn’t carry out the death penalty on Jadhav pending the final decision in the case filed by India alleging that Pakistan breached Jadhav’s right to consular assistance following his arrest last year. Why did Pakistan deny Jadhav right to consular assistance? Why India requested for 16 times yet Pakistan didn’t deem it appropriate to give consular assistance to Jadhav? Why Pakistan took so many days to inform India of the arrest of Jadhav?

How can a civilian like Kulbhushan Jadhav be tried under military law and awarded death sentence by the Field General Court Martial? Why even a lawyer was denied to Jadhav? Why Jadhav who Pakistan alleges that he was a spy carried with him his own original passport? Will any spy ever carry with him his own original passport with him?

Why the lawyers of Lahore High Court were threatening that if any lawyer dare defended Jadhav in Pakistan, his/her licence to practice as an advocate would be automatically terminated? It is because Pakistan has more to hide than to reveal! Why Pakistan has completely disregarded Article 14 of the International Covenant on Civil and Political Rights which calls for a fair trial and a fair and public hearing by a competent, independent and impartial tribunal knowing it fully well that Jadhav’s court martial goes against the very spirit of Article 14 as enunciated above? There are many more such troubling questions for which Pakistan has got just no answer!

It is most shocking to see that even the alleged confession video was appearing to be doctored and fake and was broken in parts! The video seemed poorly cut and several parts were spliced together. While in one part he says he retired in 2002 after the 2001 Parliament attacks, later in the video he says he was due to retire in 2022. While he refers to criminal activity in the country, he doesn’t elaborate on it. There is no clear evidence of espionage plot. This alone explains why even the ICJ refused Pakistan’s request to make it admissible as evidence!

It needs no rocket scientist to conclude that he must have been coerced and beaten brutally to extract forced confession from him! Jadhav after retiring from Indian Navy in 2001 had left for Iran to start a business at Chabahar free trade zone. It cannot be dismissed lightly that in December 2016, Pakistan Foreign Minister had himself said that there was insufficient evidence of espionage activities.

For my esteemed readers exclusive benefit, let me also inform them that ICJ President Ronny Abraham minced no words in making it absolutely clear to Pakistan while pronouncing the landmark order that, “Pakistan shall take all measures at its disposal to ensure that Jadhav is not executed pending the final decision in these proceedings”. The UN’s highest judicial body, which had earlier provisionally stayed Jadhav’s sentence on May 9 and also instructed Pakistan to inform it “of all the measures taken in implementation of the present order”. A Press release from the global court stated categorically that, “The court also decides that, until it has given its final decision, it shall remain seized of the matters which form the subject matter of this order”.

Be it noted, while asserting that it has prima facie jurisdiction over the case under Article 1 of the Optional Protocol, the ICJ backed India’s contention that there has been a violation of the Vienna Convention on Consular Relations as New Delhi’s requests for consular access to its national had been denied 16 times. The court further observes that the existence of a 2008 bilateral Agreement between the parties on consular relations does not change its conclusion on jurisdiction. India and Pakistan, it noted, have been signatories to the Vienna Convention since 1977.

To put things in perspective, the unanimous verdict of the 11-Judge Bench comes three days after the two countries gave their submissions during which India demanded annulment of the sentence and described Pakistan’s trial to convict Jadhav as “farcical”. Pakistan, in turn, had argued that the 47-year-old Indian national was a spy and India’s plea was “misconceived”. The ICJ which is popularly known as the ‘world court’ ordered Pakistan to “take all measures at its disposal” to prevent the execution of Jadhav, pending its final judgment, ICJ President Ronny Abraham said in a brief public setting at the ‘Peace Palace’ in ‘The Hague’ on May 18 thus marking a great legal milestone in the Indian government’s efforts to save Jadhav from execution. The decision was adopted unanimously.

As it turned out, the United Nation’s highest judicial body ICJ which had earlier been approached by India, noted that, “…the mere fact that Mr Jadhav is under a death sentence and might therefore be executed is sufficient to demonstrate the existence of a risk of irreparable prejudice to the rights claimed by India.” It also noted that, “Pakistan has indicated that any execution of Mr Jadhav would probably not take place before the month of August 2017. This means that there is a risk that an execution could take place at any moment thereafter, before the court has given its final decision in the case. The court also notes that Pakistan has given no assurance that Mr Jadhav will not be executed before the court has rendered its final decision. In those circumstances, the court is satisfied that there is urgency in the present case…The court also decides that until it has given its final decision, it shall remain seized of the matters which form the subject matter of this order.”

Needless to say, while asserting its jurisdiction over the case, the ICJ backed India’s contention that there has been violation of the Vienna Convention on consular relations since its requests for consular access to its national had been denied. The court order stated specifically that, “The court then turns to the question whether the rights alleged by India are at least plausible. It observes that the rights to consular notification and access between a state and its nationals, as well as the obligation of the detaining state to inform the person concerned without delay of his rights with regard to consular assistance and to allow their exercise, are recognised in Article 36, paragraph 1 of the Vienna Convention, and that India has alleged violations of this provision. In the view of the court, therefore, it appears that the rights alleged by India are plausible.”

Truth be told, Harish Salve, who argued India’s case and became the kingmaker in turning the scales in India’s favour said that Pakistan would run into serious trouble with the UN Security Council should it choose to execute Jadhav before the ICJ pronounces its final order. He also said that the India’s case on Kulbhushan Jadhav has been “emboldened” and “invigorated” with the first round of victory at the ICJ and India had a lot of stake in it and that he felt a “positive energy and connect with Judges” while arguing the matter in which Pakistan did not seem to have the same.

Truly speaking, at the hearing on May 15, India described Jadhav’s trial as a “serious miscarriage of justice” because Indian diplomats were not granted consular access to him and he wasn’t allowed to choose his defence lawyer. India argued these restrictions amounted to a breach of the 1963 Vienna Convention on Consular Relations. Pakistan claimed the ICJ did not have the jurisdiction to take up Jadhav’s case as it was a “national security” issue, and that the court did not need to issue an order to stay the execution because it wasn’t imminent. However, the ICJ concluded on May 18 that it had “prima facie jurisdiction” as Pakistan’s “alleged failure” to provide consular notifications about the arrest and to allow communication and provide access to him fell within the scope of the Vienna Convention.

As things stand, the court didn’t make it clear whether Pakistan must now allow Indian diplomats to meet him. But clearly now Pakistan cannot hang Jadhav as long as the court’s proceedings are not completed and a final order is not delivered. Harish Salve who took a token fee of Re 1 to appear in the ICJ, told a TV news channel: “I felt a positive energy when I was arguing the case. I felt judges were connecting. I felt gratified. I did not feel that connection when the other side was arguing.” He added, “It was a complicated subject. We worked hard and prima facie got acceptance on all our points. We are now a lot more emboldened and a lot more invigorated.”

On expected lines, the ICJ’s landmark order was welcomed in India with open arms. Arun Jaitley who is Finance and Defence Minister and also an eminent Supreme Court senior lawyer said that, “This order, though interim, is a very serious indictment of the kind of mockery that exists in Pakistan in the name of judicial system.” Rajnath Singh who is our Home Minister said that, “The ICJ’s decision to stay the execution of Kulbhushan Jadhav gives the people of India a deep sense of satisfaction and relief.”

Going forward, Gopal Baglay who is the spokesperson for the Ministry of External Affairs stated categorically that, “The provisional relief provided by the ICJ is the first step in ensuring justice to Jadhav. The order by the ICJ is unanimous, favourable, clear and unambiguous. The verdict is a matter of great relief for people of the country.” In her tweets, Sushma Swaraj said: “The ICJ order has come as a great relief to the family of Kulbhushan Jadhav and people of India. I assure the nation that under the leadership of Prime Minister Modi we will leave no stone unturned to save Kulbhushan Jadhav.”

No prizes for guessing that Pakistan has been left red-faced and groping for face-savers! ICJ has clearly exposed the complete sham with which the Pakistan’s military court give dubious judgments without any reasoning! No doubt, India must now relentlessly step up the pressure further and not get complacent in pursuing this landmark case further till it reaches its logical conclusion and till Kulbhushan Jadhav safely arrives back in India!

Sanjeeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kaankerkhera,

Meerut – 250001, Uttar Pradesh.

Lawyers of West UP Are Very Happy With Rajnath’s Assurances

To start with, it gives me immense pleasure and satisfaction to inform all my esteemed readers that after 70 years of relentless struggle by lawyers of West UP for a high court bench it seems that finally their tireless efforts are beginning to pay off! None other than the Union Home Minister of India Rajanth Singh who earlier also in his capacity as UP CM had supported the creation of a bench in West UP has categorically assured the lawyers of West UP that they would hear good news about creation of a high court bench in West UP very soon!

This assurance came when a delegation of senior lawyers of West UP comprising of Gajender Pal Singh who was the then President of Meerut Bar, Ajay Sharma who was the then General Secretary of Meerut Bar, Rohitashwa Kumar Aggarwal who has just won the elections for post of President of Meerut Bar for 5th time and who is also former Chairman of UP Bar Council and also presently member of UP Bar Council, Prabodh Kumar Sharma who has just won the elections for post of General Secretary of Meerut Bar, Anil Bakshi who is former President of Meerut Bar and also present member of UP Bar Council, Satish Chand Gupta who is former President of Meerut Bar, Sanjay Sharma who is former General Secretary of Meerut Bar and who all are also part of Central Action Committee formed to pursue the struggle for a bench in West UP apprised him of the dire need for the same!

I have just no words to appreciate Rajnath Singh for this grand assurance. It is the more than 9 crore people of West UP who will stand to gain the most as also all those who hail from other regions but live here as they won’t have to travel more than 700 km all the way to Allahabad to get justice and attend court hearings! Their time, money and many other problems will get solved as they won’t have to travel so far, spend so much money on various expenses like staying, travelling, hiring lawyers etc!

It is so shocking and disgusting to see that West UP is fast becoming the epicenter of all kinds of crimes, rapes, gangrapes, brutal murders, mass murders, dacoity, robbery and what not! What is even more shocking to see is that all political parties barring Samajwadi Party have openly espoused the creation of a high court bench in West UP but still even after seventy years of independence we see no sign of it happening anytime soon! What is most shocking is that inspite of West UP accounting for more than half of the crime cases all over UP, not a single high court bench has been created here since 1947 till now even though a high court bench was created at Lucknow which is just about 150-200 km away from Allahabad way back on July 1, 1948! What an unbeatable irony that Allahabad High Court tops with maximum pending cases at 10 lakh and still it has least high court benches – only one at Lucknow for just 12 districts!

What a shame that man and boys in West UP have the guts to indulge in molestation as they 14 of them did in Rampur district in West UP when they molested and assaulted 2 girls in broad daylight in a village under Tanda police station in Rampur and also filmed the act on their cellphone cameras and later put it on Facebook! One accused even forcibly lifts her up laughing! While the girls are seen pleading with them to let them go, the youths are seen laughing and misbehaving with them! This is fast becoming the norm in West UP and even UP!

There is zero fear of law in West UP and UP! How long will the government keep tom-tomming the same old argument on lawlessness in West UP and UP? Why no strict action is taken against culprits?

Only 1 or 2 of them have been arrested till now! Why so much of leniency towards them? Why politicians like Azam Khan instead of blaming boys and men advice women and girls instead to avoid places where they may be molested? Molestation cannot be justified under any circumstances and those who molest women or girls must be sent behind bars for at least seven years without allowing them to come out of the jail in between! While the girls are seen pleading with them to let them go, the youths are seen laughing and a few of them shooting the incident without any fear of law! Recently we saw how a girl who was raped in Kushinagar in 2016 was again sought to be raped by the same rapist as he got bail and threatened the victim and her family with dire consequences!

Such criminals know fully well that Allahabad High Court has the highest number of pending cases – about 10 lakh as compared to other states where the number of pending cases don’t exceed 1 lakh or at the most 2 lakhs cases! They know that they will easily get bail and by the time cases are finally decided they will die a natural death. This must change which is possible only if at least in my opinion 10 more benches of high court are created in different parts of UP! Such poor, hapless women and girls, for God sake, need more high court benches and not more temples!

When Dr Sampoornanand who was the UP CM way back in 1955 very strongly recommended a high court bench for West UP at Meerut, Jawaharlal Nehru refused as he felt that one bench at Lucknow was enough. The number of pending cases way back in 1948 were not much but see the situation now! West UP now accounts for more than half of the pending cases of total pending cases of UP and UP tops the maximum pending cases state list with 10 lakh pending cases still it has just one high court bench as no more benches were created in UP since 1948! Other states like Karnataka and Maharashtra don’t have 10 lakh or 9 lakh or 8 lakh or 7 lakh or 6 lakh or 5 lakh or 4 lakh or 3 lakh or even 2 lakh cases still they have got 3 high court benches but UP has only one! Is this fair?

Why not a single bench of high court was created in West UP even though Justice Jaswant Singh Commission appointed by former PM late Mrs Indira Gandhi very strongly recommended 3 benches for West UP and hilly areas adjoining it which now form a separate state – Uttarakhand at Agra, Nainital and Dehradun? Why women victims have to travel so far away to Allahabad which is about 700-800 km away from most of the districts of West UP and be made to suffer so much for the inordinate delay and made to bear the huge expenses in fighting the case for her right in making sure that sexual offenders are sent behind bars?

Why when UP which is among the largest States, has maximum population – more than 22 crore as CM Yogi Adityanath keeps pointing out every now and then, maximum districts – 75, maximum constituencies, maximum MPs – 80, maximum MLAs – 404, maximum PM including Narendra Modi, maximum pending cases – more than 10 lakh and here too West UP accounts for more than half of pending cases as noted by Justice Jaswant Commission about 57%, maximum Judges which earlier was 160 and increased to 200 in high court, maximum vacancies of Judges – 75 in high court, maximum poverty, maximum villages more than one lakh, maximum cities more than 700, maximum fake encounters killings, custody killings, custodial tortures, maximum dowry cases, maximum rape and gang rape cases, maximum acid throwing cases, maximum bride burning cases, maximum cases of human rights violations, maximum undertrials, maximum cases of crime, loot, arson and riots and here too West UP tops with Saharanpur riots, Meerut riots, Muzaffarnagar riots tarnishing our international reputation to the extent that former UN Secretary General Ban ki Moon termed UP as “crime and rape capital” of India and what not yet Centre is not prepared to create even a single bench for not just West UP but entire UP? Why when UP sends maximum MPs to Lok Sabha – 80, maximum MPs to Rajya Sabha – 30, maximum MLAs to State Assembly – 404 MLAs and maximum members to State Legislative Council – 100 MLAs and yet has least benches – only one and that too just 150 km away from Allahabad at Lucknow?

Rajnath Singh who is Union Home Minister while addressing public gathering in Patiyali constituency of Kasarganj district is on record stating in February 2017 that UP reported 7,673 riots, 4660 murder, 4096 robberies and 260 dacoities in just one year and has pledged on numerous occasions his unstinted support for a high court bench in West UP but even after his BJP led government is nearing 3 years in power yet it has failed to create even a single more bench of high court not just in West UP but anywhere in UP! But now with Rajnath Singh very strongly assuring the lawyers of West UP that they will hear the happy news of creation of a high court bench in West UP very soon there is a wave of happiness among the lawyers here as now they feel that finally their relentless struggle is beginning to pay off!

Law Commission in its fourth report way back in 1956 had opposed the creation of more high court benches but in 2009 in its 230th report it supported creating more benches but only Karnataka benefitted! When Nehru allowed the creation of a bench at Lucknow so close to Allahabad way back in 1948 why no other politician allowed creation of a bench thousands of kilometers away at Nainital or Dehradun which till 2000 formed part of UP and for which Justice Jaswant Singh Commission had recommended creation of benches nor at Agra in West UP where it recommended way back in late 1970s?Eminent and senior Supreme Court lawyer and former Law Minister Kapil Sibal himself had mentioned as told by another former Union Minister RPN Singh that he had recommended a high court bench at Meerut but the then state government led by Akhilesh Yadav refused to endorse it! It was way back in 1955 that Dr Sampoornanand had recommended a high court bench for West UP at Meerut but even after 62 years we see no bench as Centre had refused then! Similarly many other UP CM had also recommended the creation of a high court bench here but to no avail! Why Centre didn’t act promptly?

Lawyers of West UP have been striking work for 6 months without break several times demanding high court bench as they did in 2001 and for 3 months as they did in 2014-15 and we keep seeing strike nearly every month apart from the strike of Saturdays yet no bench! They even go on strike every Saturday since May 1981 to protest West UP not being given a bench even though Justice Jaswant Commission had explicitly recommended 3 benches and formed Central Action Committee to pursue relentlessly the demand for a high court bench in West UP! What a pity that till now all they got was just fake assurances sometimes from Centre and sometimes from State! Nothing else!

I still remember that how former President of Meerut Bar Gajender Singh Dhama and many other former Presidents repeatedly met the then PM Dr Manmohan Singh, Sonia Gandhi and others and repeatedly they got assurance that soon bench would be created in West UP. But instead of approving bench for 26 districts of West UP what the UPA government did was to not approve even one bench not just for West UP but for any part of UP and rather approved 2 more benches for just 4 and 8 districts of Karnataka at Gulbarga and Dharwad respectively even though they never went on strike or protested since so many decades unlike West UP! Reports were published in newspapers that a high powered Committee was set up under the chairmanship of former CJI Justice (retd) AM Ahmadi but after that what happened no one came to know! This is terrible!

One only hopes that this time around the same old saga will not play out again! Earlier even Sanjeev Baliyan who is a Union Minister in present NDA government had expressed hope that a bench would be created by end of 2016 in West UP but nothing happened! Amit Shah who is BJP President had also assured that bench would be created in West UP after senior lawyers from West UP met him but we saw how PM Narendra Modi himself went to Allahabad High Court and assured the lawyers there that no bench would be set up without their consent in West UP which clearly indicated that this so sensitive issue was once again put on the backburner in cold storage! But now Rajnath Singh’s latest assurances has again ignited fresh hopes among the lawyers and people of West UP that a bench would be soon created here!

Finally and most importantly, now no more delay and no more lame excuses! Now only and only more benches for UP! Only then will the more than 22 crore people of UP get some relief especially women and girls who are most vulnerable to all types of crimes and will not have to waste huge money and time to get justice which they don’t get usually in their lifetime as Allahabad High Court is overloaded with more than 10 lakh pending cases and more than half of High Court Judges post are still lying vacant! This open endless sham must end now! Why the recommendations of Justice Jaswant Singh Commission to create a high court bench at Aurangabad was promptly accepted but recommendations to create 3 high court benches at Nainital, Agra and Dehradun were blatantly disregarded by not approving even a single bench in all these places? Why for just few lakhs of people of small states like Sikkim, Tripura, Mehalaya, Manipur among others a high court can be created but for West UP which has more than 9 crore population there is not even a single bench of high court? Above all, even for Andaman and Nicobar islands where population is just about 3 lakh there is a high court bench at Port Blair but for West UP there is not even a single bench of high court? This is most shocking and shameful!

What West UP needs where crime and violence especially against women and children is crossing all limits, the answer is not to set up anti-Romeo squads but to set up more benches! However, it seems that the ghost of Jawaharlal Nehru who allowed only bench in whole of UP and that too so near to Allahabad will not permit our politicians whether they are of any party to approve even a single bench not just in West UP but in any other part of UP like Bundelkhand, Poorvanchal etc! Shocking! If a high court bench is created it is “poorest of poor” of all castes and all religions and the most deprived and hapless women of all religions and all castes who will benefit most as they will be saved from the unnecessary trouble of travelling so far and spending so much extra money, time etc to just attend one hearing alone! What will temple at Ayodhya give? Only Hindu devotees will be satisfied and for justice they too who live in West UP would have to march 700-800 km as we see right now! Who will benefit if more high court benches are built – Hindus alone or Muslims alone or Sikhs alone or Christians alone? No, all people of all religions will benefit equally if more high court benches are built especially in UP which is notorious for being the “rape and crime capital of India” as former UN Secretary General Ban ki Moon put it aptly. Centre must have some pity on woman at least now who are most unsafe in lawless UP and especially West UP and immediately order creation of more benches not just in West UP but also in other parts of UP where the crime rate is high! Crime rate is highest in West UP which necessitates urgent creation of bench here on a war footing by which people of all religions and all castes and all sexes will benefit equally!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

UP Must Have At Least 10 High Court Benches

Let me begin on a very bitter note by pointing out that crime against women are multiplying most rapidly in UP and this is most felt in West UP which is the worst affected of all the regions of UP. Throwing of acid on woman or rape, gang rape, molestation and all other forms of crimes against women and girls are openly being perpetrated in West UP especially as also in UP which is certainly most concerning!

Why talk about women alone? Even men are not safe here! Policemen themselves are not safe here! Criminals are killing whomever they want with impunity and then we see how they easily manage to get bail and the criminal cases keep pending interminably! This must stop forthwith if a semblance of law and order is to be restored in UP! But how? By ensuring that cases against criminals are decided at the earliest.

How can this be ensured that cases are decided at the earliest against criminals? By setting up at least 10 high court benches in Meerut, Agra, Kanpur, Jhansi, Gorakhpur, Varanasi, Mahoba, Sultanpur, Aligarh, Badaun or at any other place which is in desperate need of the same! This cannot be allowed to fester indefinitely as we have already lost a lot of precious time!

What an unbeatable irony that Allahabad High Court tops with maximum pending cases at 10 lakh and still it has least high court benches – only one at Lucknow for just 8 districts! No other High Court in India has 10 lakh or 9 lakh or 8 lakh or 7 lakh or 6 lakh or 5 lakh or 4 lakh or even 3 lakh cases pending and still some of them have got 3 high court benches like Karnataka, Maharashtra and others but UP has just one bench only! Why this step-motherly treatment for UP?

We are all seeing how Saharanpur is burning after violent clashes erupted between Dalits and Thakurs that left many dead and many injured! We all saw how BSP leader Munawwar Hasan Rana and his 6 family members were brutally killed in Muzaffarnagar just recently! We all know how Meerut and Agra top in the number of incidents of communal clashes and how everyday the local newspapers is flooded with cases of murders, rapes and other heinous crimes! The situation in communally sensitive districts like Aligarh and Kanpur in West UP among others is no better! Still no effort is being made to establish a high court bench here!

This West UP with 26 districts has an area of 98,000 square km which is more than the area of many other states and has a population of more than 9 crore which is more than any other state except Maharashtra and Bihar. Here too areawise West UP is bigger than Bihar which has an area of 94,000 square km. Yet no bench!

It is most hurting to read that dacoits are fearlessly killing innocent people on highway as happened most recently on May 25 and then in front of their men had the guts to gang rape the 4 women accompanying them just a kilometer away from the Yamuna Expressway in Greater Noida and when one man resisted he was shot in the chest from point blank range who died and others were thrashed badly! Even after a week police has no clue as to who were involved! This shows the complete lawlessness in West UP! This clearly demonstrates that women are not safe even when accompanied with their entire family! Such incidents keep happening on a regular basis in West UP especially! 2 minor girls were gangraped recently in Moradabad! Criminals fully know that West UP has no high court bench and Allahabad High Court tops in the number of pending cases about 10 lakh pending cases and it would take ages before the cases are finally decided as they keep on lingering interminably and by the time they are decided they would die a natural death and victims would suffer endlessly travelling again and again 800-900 km away from West UP to Allahabad as West UP with 26 districts have no high court bench!

This must change now if the fear of law is to be ingrained permanently in the minds of such criminals! We all know fully well that how a similar incident had triggered huge protests in July 2016 when a mother and daughter were gangraped in Bulandshahar! The newly appointed Chief Justice of Allahabad High Court Justice Dilip Babasaheb Bhonsle rightly lashed out at the law and order situation in UP and said that in Maharashtra from where he hails women or girl venture out in night anywhere yet never such incidents of gang rape occur.

Still you see the irony! Maharashtra has 3 high court benches at Nagpur, Aurangabad and Goa apart from high court at Mumbai but West UP has not even a single bench of high court! In UP itself both high court at Allahabad and a single bench at Lucknow are located so close to each other with a distance of just about 150-200 km. Why not a single bench of high court was created in West UP even though Justice Jaswant Singh Commission appointed by former PM late Mrs Indira Gandhi very strongly recommended 3 benches for West UP and hilly areas adjoining it which now form a separate state – Uttarakhand at Agra, Nainital and Dehradun? Why women victims have to travel so far away to Allahabad which is about 700-800 km away from most of the districts of West UP and be made to suffer so much for the inordinate delay and made to bear the huge expenses in fighting the case for her right in making sure that sexual offenders are sent behind bars?

It is most shocking and disgusting to see that Uttar Pradesh which is the most populated state in India has least high court benches – only one and that too just 150-200 km away from Allahabad where the high court is located! Why no high court bench for 26 districts of West UP which are about 700-800 km away from Allahabad where high court is located ? Why no high court bench for Bundelkhand region as the districts there too are very far away from Allahabad? Why no high court bench at Gorakhpur to which the present Chief Minister Yogi Adityanath belongs? Interestingly enough, Yogi Adityanath as MP had raised the bench issue in Parliament very vociferously a long time back!

Why when UP which is among the largest States, has maximum population – more than 22 crore as CM Yogi Adityanath keeps pointing out every now and then, maximum districts – 75, maximum constituencies, maximum MPs – 80, maximum MLAs – 404, maximum PM including Narendra Modi, maximum pending cases – more than 10 lakh and here too West UP accounts for more than half of pending cases as noted by Justice Jaswant Commission about 57%, maximum Judges which earlier was 160 and increased to 200 in high court, maximum vacancies of Judges – 75 in high court, maximum poverty, maximum villages more than one lakh as opposed to other states who have not more than few thousands at the most, maximum cities more than 700, maximum fake encounters killings, custody killings, custodial tortures, maximum dowry cases, maximum rape and gang rape cases, maximum acid throwing cases, maximum bride burning cases, maximum cases of human rights violations, maximum undertrials, maximum cases of crime, loot, arson and riots and here too West UP tops with Saharanpur riots, Meerut riots, Muzaffarnagar riots tarnishing our international reputation to the extent that former UN Secretary General Ban ki Moon termed UP as “crime and rape capital” of India and what not yet Centre is not prepared to create even a single bench for not just West UP but entire UP? Why when UP sends maximum MPs to Lok Sabha – 80, maximum MPs to Rajya Sabha – 30, maximum MLAs to State Assembly – 404 MLAs and maximum members to State Legislative Council – 100 MLAs and yet has least benches – only one and that too just 150 km away from Allahabad at Lucknow?

We all saw how recently in Kushinagar a rapist got bail and after coming out he again tried to rape the same victim and threatened her with dire consequences! Even hospitals are not safe for women and we read recently how a woman was raped in a top hospital itself by rapists in capital of UP that is Lucknow without any fear whatsoever!

There is zero fear of law in West UP and UP! How long will the government keep tom-tomming the same old argument on lawlessness in West UP and UP? Why no strict action is taken against culprits? Rajnath Singh who is Union Home Minister while addressing public gathering in Patiyali constituency of Kasarganj district is on record stating in February 2017 that UP reported 7,673 riots, 4660 murder, 4096 robberies and 260 dacoities in just one year and has pledged on numerous occasions his unstinted support for a high court bench in West UP but even after his BJP led government is nearing 3 years in power yet it has failed to create even a single more bench of high court not just in West UP but anywhere in UP! Why?

Why politicians have ensured that a high court bench was created for Lucknow about 69 years back on July 1, 1948 but not at any other place especially in West UP, Bundelkhand and Gorakhpur even 70 years later? Why Centre decided to create 2 more benches for Karnataka at Dharwad and Gulbarga for just 4 and 8 districts but not a single for West UP with 26 disricts? Why 230th report of Law Commission submitted in 2009 which recommended creation of more benches has only been implemented in Karnataka alone and not in UP, Bihar or other big states? Why Karnataka has just 6 lakh population which is less than the population of even West UP which has 9 crore population, has less than 2 lakh pending cases as compared to UP which has 10 lakh pending cases still 2 more high court benches created for it but not a single more for UP?

Eminent and senior Supreme Court lawyer and former Law Minister Kapil Sibal himself had mentioned that he had recommended a high court bench at Meerut but the then state government led by Akhilesh Yadav refused to endorse it! It was way back in 1955 that Dr Sampoornanand had recommended a high court bench for West UP at Meerut but even after 62 years we see no bench as Centre had refused then! Similarly many other UP CM had also recommended the creation of a high court bench here but to no avail! Why? Our former PM Atal Bihari Vajpayee had himself raised the demand for a high court bench for West UP in 1986 inside Parliament but even after more than 30 years we are nowhere!

Lawyers of West UP have been striking work for 6 months without break several times demanding high court bench as they did in 2001 and for 3 months as they did in 2014-15 and we keep seeing strike nearly every month apart from the strike of Saturdays yet no bench! They even go on strike every Saturday since May 1981 to protest West UP not being given a bench even though Justice Jaswant Commission had explicitly recommended 3 benches! What they get is just fake assurances sometimes from Centre and sometimes from State! Nothing else!

If a high court bench is created it is “poorest of poor” and the most deprived and hapless women who will benefit most as they will be saved from the unnecessary trouble of travelling so far and spending so much extra money, time etc to just attend one hearing alone! Centre must have some pity on woman at least who are most unsafe in lawless UP and especially West UP and immediately order creation of more benches not just in West UP but also in other parts of UP where the crime rate is high! Crime rate is highest in West UP which necessitates creation of bench here on a war footing!

Why Centre decided to create high courts for Tripura, Meghalaya and Manipur with just 36, 29 and 27 lakh population but denied a bench to West UP with more than 9 crore population? Why Centre has overlooked that as UP accounts for maximum pending cases – more than 10 lakh cases and here too West UP accounts for more than 57% of pending cases, UP must have maximum and not minimum benches and West UP must have most benches and not none?

Why Centre takes no time in creating high court itself at Sikkim where the number of pending cases are just 69 – 54 civil and 15 criminal but fails to approve even a single bench for West UP which has several lakhs of pending cases? Why Centre takes no time in creating two more high court benches for Karnataka which has just 6 crore population at Gulbarga and Dharwad even though the number of pending cases are just 1,55,690 and it already had a bench at Hubli whereas in UP the population is 20 crore and the number of pending cases are more than 10 lakh at least yet it has least benches in India and West UP with 26 districts and more than 7 lakh cases have none but Centre refuses to approve even a single bench leave alone 3 benches as recommended by Justice Jaswant Singh Commission? Not just this, it refuses to set up even a single bench in any hook and corner of UP even though senior Cabinet Ministers like Rajnath Singh, Dr Sanjeev Baliyan etc repeatedly keep pledging their unstinted support for a bench!

In an unprecedented event which shall definitely have far-reaching consequences, the Chairman of UP Bar Council – Anil Pratap Singh while addressing lawyers at Meerut just recently very categorically said that it is necessary to create at Meerut a Bench of High Court. Never before in my life have I ever seen such a senior and distinguished lawyer of eminence openly supporting the age old demand for a high court bench for West UP at Meerut. The lawyers of not just Meerut but of entire West UP are very happy with this historic development which shall certainly have far reaching consequences!

Anil Pratap Singh who has been the Chairman of UP Bar Council has not just assured his unstinted support for the age old demand for a high court bench in West UP but has also said unambiguously that very soon along with a delegation of senior lawyers would meet the Chief Justice of India and Chief Justice of Allahabad High Court to press for the creation of a High Court Bench in West UP. He also said that according to population and the number of pending cases also it was imperative to create a High Court Bench in West UP. We all know that UP has maximum pending cases in India with Allahabad High Court owing for more than 10 lakh cases which is highest among all High Courts and here too cases from West UP are more than 57% which was accepted by Justice Jaswant Singh Commission also way back in late 1970s!

Anil Pratap also said that very soon he would make sure that a High court Bench would be created in West UP! For the first time we can see that a real glimmer of hope is emerging for the creation of a High Court Bench in West UP. One hopes that it materializes soon.

I must express my utmost gratitude and profuse compliments to former Justice BP Singh (retd) of Allahabad High Court for not just accepting the invitation to swear in the newly elected members of Meerut Bar but also publicly supporting the age-old demand for a high court bench in West UP. He said that Centre should promptly create a high court bench in West UP without any more further delay. He also exhorted the lawyers of Meerut Bar to make bench movement a public movement. He also suggested that it is only by connecting people that the bench movement will be made stronger.

Justice BP Singh minced no words in making it absolutely clear that as long as this bench movement for creation of a high court bench in West UP is restricted to lawyers only and will not get connected with people it will never attain success. It is a no brainer thus that the more than 9 crore people of West UP would have to connect with this bench issue to make it a splendid success. There can be no denying this and when such an experienced Judge of the Allahabad High Court himself says this on record, what more should I say?

It is a matter of deep anguish that lawyers who represent people in court and are law officers of court are increasingly being targeted by criminals themselves and killed without any fear. How can any legal system operate where lawyers are themselves not safe? Lawyers all across UP are not safe and feel constantly threatened to heir lives. This alone explains why at the call of the UP Bar Council, lawyers all across UP keep going on strike as the lawyers keep getting killed every now and then! Why Ajay Kumar Shukla who is a senior advocate in Allahabad high court and former Chairman of UP Bar Council support creation of a bench in West UP as also Madhulika Yadav who is Vice Chairman of UP Bar Council? It is because as Rajinder Chaudhary who was a senior minister in former UP CM Akhilesh’s Cabinet noted while addressing lawyers of Meerut Bar that UP needs not just one or two but 6 benches!

Who will benefit if more high court benches are built – Hindus alone or Muslims alone or Sikhs alone or Christians alone? No, all people of all religions will benefit equally if more high court benches are built especially in UP which is notorious for being the “rape and crime capital of India” as former UN Secretary General Ban ki Moon put it aptly! Then why are all politicians of all parties adamant that except the one bench created by Jawaharlal Nehru about 70 years back at Lucknow on July 1, 1948 no bench should be created anywhere else under any circumstances? Is the ghost of Nehruji compelling them to behave so irrationally? Why the recommendations of Justice Jaswant Singh Commission to create a high court bench at Aurangabad was promptly accepted but recommendations to create 3 high court benches at Nainital, Agra and Dehradun were blatantly disregarded?

If a high court bench is created it is “poorest of poor” of all castes and all religions and the most deprived and hapless women of all religions and all castes who will benefit most as they will be saved from the unnecessary trouble of travelling so far and spending so much extra money, time etc to just attend one hearing alone! What will temple give? Only Hindu devotees will be satisfied and for justice they too who live in West UP would have to march 700-800 km as we see right now! Centre must have some pity on woman at least now who are most unsafe in lawless UP and especially West UP and immediately order creation of more benches not just in West UP but also in other parts of UP where the crime rate is high! Crime rate is highest in West UP which necessitates creation of bench here on a war footing by which people of all religions and all castes and all sexes will benefit equally!

Dr Satyapal Singh who is the former Mumbai Police Commissioner and presently represents Baghpat constituency as BJP MP raised most forcefully the pressing issue of setting up of a high court bench issue in Lok Sabha on March 9, 2016. He pointed out how despite UP having more than 22 crore population and 75 districts has least benches and West UP has none! Should we proud of this? He rightly said that, “I had raised the issue of the HC bench in the Lok Sabha on Wednesday. This is not only a need for lawyers but also the need of the common people as well. There should be a bench in Meerut, Agra, Gorakhpur, Varanasi and Jhansi. If the Lucknow bench of HC can be created for 12 districts, why can’t we have 4-5 separate benches for all the 75 districts in the state? The first war of independence began from Meerut and the movement to provide affordable justice to people should also start from Meerut. I have already written a letter to PM Modi and I will write to him again. We don’t need the consent of either the state government or the CJ of the Allahabad HC”.

Why can’t 10 high court benches be created for UP which has 75 districts which means at least one bench for 7 to 8 districts? Why 2 more high court benches for a peaceful state like Karnataka and not a single more for a lawless state like UP? What is stopping politicians from creating more benches in UP? They must answer! Lower courts in UP has more than 50 lakh cases pending and still we see that there is only one high court bench in UP and that too very near to Allahabad! Why? Introspect! UP needs more benches and not anti-Romeo squads! UP needs more benches and not more temples!

Sanjeeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kaankerkhera,

Meerut – 250001, Uttar Pradesh.

President From West UP Still No High Court Bench Here

Coming straight to the centre-stage, let me begin by voicing my utmost happiness to learn that for the first time in the history of independent India a President has been elected from not just UP but also West UP which is among the most neglected regions even though it contributes maximum by way of revenue and earnings. Ram Nath Kovind who was the NDA’s candidate and former Bihar Governor will become India’s 14th President and first RSS member to become Indian President. His being elected as President is the biggest slap on those who foolishly term RSS as a “terror organization”. Will our President join a terror organization?

Kovindji was elected India’s 14th President on July 20 winning two-thirds (65.65 percent) of the total votes polled in the fight against the Opposition candidate Meira Kumar. He will take oath on July 25. He will be the second Dalit President after late President KR Narayanan but more significantly the first from not just UP but also West UP.

Kovindji is a self-made man who practised brilliantly at the Delhi High Court and the Supreme Court for 16 years. He was also a Central Government Counsel for some time. He has worked for the rights of the weaker sections particularly the Scheduled Castes, the Scheduled Tribes and women. He joined the movement of SC/ST employees against the central government over 1997 orders which adversely affected their interests. The orders were subsequently nullified by amendments adopted during the first National Democratic Alliance (NDA) government. He also worked for providing free legal aid to the poor and weaker sections of the society as an advocate.

He represented India at the United Nations and addressed the United Nations General Assembly in October 2002. He also served as member on the Board of Governors of Indian Institute of Management Kolkata and that of Dr BR Ambedkar University, Lucknow. He served two terms as the Rajya Sabha member (1994-2006) and was member of a number of Parliamentary Committees, including on Hme, welfare of the Scheduled Castes and the Scheduled Tribes and the Hindi Shiksha Samiti.

Kovindji while recalling his humble roots said his home had “mud walls” and the “straw roof” could not stop water from leaking in when it rained. He said that, “Today it rained in Delhi, reminding me of the monsoon of my childhood. We had a kuccha house and the roof leaked. We, the siblings, would huddle around a wall, waiting for the rain to stop. There would be so many Ram Nath Kovinds in the country today, getting drenched in the rain, doing farm work, labour and sweating it out so that they can get their evening meals. I want to tell them that this Ram Nath Kovind of Paraunkh village (in Kanpur Dehat, Uttar Pradesh) is going to Rashtrapati Bhavan as their representative.” Very rightly said!

Who can be better than Kovindji to convince Centre that West UP from where he hails has more than 9 crore population, accounts for more than half of the total pending cases in UP, accounts for maximum riots, murders, rapes, gang-rapes, dacoities and other crimes and still West UP has no Bench of High Court due to which the people here have to travel 700-800 km on average all the way to Allahabad as there is no High Court Bench here? Who can be better than Kovindji to convince Centre that lawyers of West UP have been agitating since last many decades for a High Court Bench and have even been striking for 6 months continuously as they did in 2001 and every Saturday since May 1981 in protest against Centre decision not to set up a High Court Bench here even though Justice Jaswant Singh Commission headed by former Supreme Court Judge Justice Jaswant Singh and appointed by Centre itself had way back in 1980s recommended that 3 High Court Benches be set up at Agra, Nainital and Dehradun even though on its recommendations High Court Bench were set up at Aurangabad in Maharashtra way back in 1985, at Jalpaiguri in West Bengal and Madurai in Tamil Nadu? Who can be better than Kovindji to convince Centre that it is the “poorest of the poor” in West UP who are suffering the most due to High Court Bench not being set up here and Benches and High Courts of 8 states and even Lahore High Court in Pakistan is nearer to West UP as compared to Allahabad?

Who can be better than Kovindji to explain to Centre citing the brutal gang rape incident of 4 women on national highway at Jewar near Greater Noida in West UP and murder of their men when they resisted and even after 56 days no arrests have been made and it is West UP which must have a High Court Bench? Who can be better than Kovindji to explain to Centre that even though people of my area are basking in joy at my being elected but still they will have to travel all the way to Allahabad to attend court hearings and spend so much of extra money to travel whole day all the way to Allahabad as there is no High Court Bench here in West UP as both High Court at Allahabad and a single Bench set up at Lucknow on July 1, 1948 which is just 150-200 km away from Allahabad are both in Eastern UP? Who can be better than Kovindji to explain to Centre that when 2 high court benches can be set up for just 4 and 8 districts at Dharwad and Gulbarga in Karnataka in 2012 by previous UPA government in Centre then why can’t the present NDA government set up even a single Bench of High Court for 26 districts of West UP at Kanpur or Meerut or Ghaziabad or Agra or Aligarh or anywhere else wherever it deems appropriate?

Who can be better than Kovindji to explain to Centre that maximum caste violence is taking place in West UP as we saw recently in Saharanpur due to which even Mayawati resigned her membership as Rajya Sabha MP as she felt that she was not allowed to rake it up in detail and so High Court Bench must be created here? Who can be better than Kovind to explain to Centre that it was way back in 1955 that Dr Sampoornanand had recommended a High Court Bench in West UP at Meerut and many other Chief Ministers also recommended the same but till now still no Bench has been created here? Who can be better than Kovindji to explain to Centre that Rajnath Singh who is our Union Home Minister and former UP CM just recently had assured the lawyers at Meerut that very soon they will get to hear happy news pertaining to setting up of a High Court Bench in West UP? Who can be better than Kovindji to explain to Centre that former PM Atal Bihari Vajpayee had himself demanded the setting up of a Bench in West UP right inside Parliament in 1986 while in Opposition?

Who can be better than Kovindji to explain to Centre that being a lawyer himself in the past who can be better than him to understand how much miseries the more than 9 crore people of West UP have to suffer due to it not having a High Court Bench even though all the elected representatives from here support the age old legitimate demand for a Bench? Who can be better than Kovindji to explain to Centre that 230th Law Commission advocates setting up of more High Court Benches and UP being the biggest State with maximum crime deserves High Court Bench more than any other State as even former UN Secretary General Ban ki Moon termed UP as “rape and crime capital Of India” so that justice is available to people living here at doorsteps? I am certain that Kovindji will be the representative of the poor on Raisina Hill as he has himself assured. Even former PM late Mrs Indira Gandhi, Rajiv Gandhi, VP Singh Dr Manmohan Singh and Atal Bihari Vajpayee had acknowledged that a bench of high court for west UP is perfectly justified with Vajpayee raising it even in Parliament!

Kovindji must also ask Centre: Why can’t our leaders understand that a high court bench in West UP is not going to benefit just people of one religion or one caste or one sex alone? Why don’t our politicians appreciate that people of all religions, all communities, all castes, all sexes and all others who comprise part of 9 crore people staying in West UP will benefit if a high court bench is set up here? Why should litigants be compelled to travel so far to Allahabad and waste huge money in staying, travelling, eating and other expenses? Why no one is caring for “poorest of poor” who have to travel so far all the way to Allahabad to get justice? Why Rajinder Aggarwal who is BJP MP from Meerut brings forward private member bill in Parliament for creating high court bench in West UP but Centre refuses to support it? Why eminent, senior lawyers like Anil Bakshi who is Member of UP Bar Council and also former President of Meerut Bar Council proudly says that he has been to jail in past while agitating for a high court bench in West UP and can go any number of times to jail for the sake of bench in West UP? It is because bench is a dire need for the more than 9 crore people of West UP who are suffering interminably due to no bench being created here!

If a high court bench is created in West UP for more than 9 crore people living here it is “poorest of poor” and the most deprived and hapless women who will benefit most as they will be saved from the unnecessary trouble of travelling so far and spending so much extra money, time etc to just attend one hearing alone which can certainly be avoided if a high court bench is created here! Centre must have some pity on woman at least who are most unsafe in lawless UP and especially West UP and keeping the interests of such women victims in mind immediately order creation of more benches not just in West UP but also in other parts of UP where the crime rate is high! Crime rate is highest in West UP as validated by recent incidents which necessitates creation of high court bench here on a war footing!

Who can be better than Kovind to explain to Centre that how can he speak for the whole of India if the people of West UP from where he hails are suffering the worst form of injustice by being denied even a single High Court Bench since last 70 years? Who can be better than Kovind to ask Centre that why states like Karnataka, Maharashtra, Assam and others have 3 high court benches even though the number of pending cases in these cases is not 10 lakh or 9 lakh or 8 lakh or 7 lakh or 6 lakh or 5 lakh or 4 lakh or 3 lakh or even 2 lakh as opposed to UP which has more than 10 lakh pending cases and yet has only one single high court bench at Lucknow which is just 150-200 km away from Allahabad leaving the rest of UP high and dry? Who can be better than Kovind to ask that why when more than 57% of pending cases are from West UP as was testified by Justice Jaswant Singh Commission did Centre not approve even a single bench here nor for any other place in UP? Who can be better than Kovind to ask Centre that why this step-motherly treatment with UP and especially West UP?

Who can be better than Kovindji to ask Centre that why when UP which is among the largest States, has maximum population – more than 22 crore as CM Yogi Adityanath keeps pointing out every now and then, maximum districts – 75, maximum constituencies, maximum MPs – 80, maximum MLAs – 404, maximum PM including Narendra Modi, maximum pending cases – more than 10 lakh and here too West UP accounts for more than half of pending cases as noted by Justice Jaswant Commission about 57%, maximum Judges which earlier was 160 and increased to 200 in high court, maximum vacancies of Judges – 75 in high court, maximum poverty, maximum villages more than one lakh, maximum cities more than 700, maximum fake encounters killings, custody killings, maximum dowry cases, maximum rape and gang rape cases, maximum bride burning cases, maximum cases of human rights violations, maximum undertrials, maximum cases of crime, loot, arson and riots and here too West UP tops with Saharanpur riots, Meerut riots, Muzaffarnagar riots tarnishing our international reputation to the extent that former UN Secretary General Ban ki Moon termed UP as “crime and rape capital” of India and what not yet Centre is not prepared to create even a single bench for not just West UP but entire UP? Who can be better than Kovindji to ask Centre that why when UP sends maximum MPs to Lok Sabha – 80, maximum MPs to Rajya Sabha – 30, maximum MLAs to State Assembly – 404 MLAs and maximum members to State Legislative Council – 100 MLAs and yet has least Benches – only one and that too just 150 km away from Allahabad at Lucknow? You see for yourself the distance from Allahabad to all major districts of West UP and they are as follows: –

District Distance

Meerut 637 km

Muzzaffarnagar 693 km

Saharanpur 752 km

Ghaziabad 607 km

Bijnore 692 km

Gautambuddhnagar 650 km

Bulandshahr 537 km

Hathras 550 km

Rampur 633 km

Moradabad 662 km

Aligarh 501 km

Mathura 501 km

Agra 464 km

Etah 497 km

Mainpuri 462 km

Shamli 720 km

Hapur 600 km

Sambhal 650 km

Amroha 692 km

Kanpur 620

Kovindji must also ask Centre: Why West UP has an area of 98,933 square km which accounts for 33.61 percent of total area of UP and yet no bench but Lucknow in Central region has just 62,363 square km and yet it has a bench? Centre has all the power to create a high court bench in West UP without any recommendation from the state government as the former Attorney General Soli J Sorabjee had rightly said way back in 2001 when he was asked about it. He had rightly said that, “The Centre without any recommendation from the State Chief Minister or Chief Justice of a State is fully empowered under our Constitution to set up a high court bench anywhere it wants at its own volition.” Still why Centre is not acting? Now NDA is in power both in Centre and in UP then what is the problem in creating a High Court Bench in West UP? One can understand that former Union Minister in UPA regime RPN Singh had pointed out that Kapil Sibal who was earlier Union Law Minister had wanted to create a High Court Bench in West UP at Meerut but the then UP CM Akhilesh Yadav was not prepared for it but NDA is in power now in both Centre and UP then where is the problem? Why Centre ignores blithely what the former Chairman of Supreme Court Bar Association Krishna Mani had said explicitly that, “Only by the creation of a bench of high court in West UP will the people be able to secure speedy and cheap justice at their doorsteps!”

Who can be better than Kovindji to ask: Why women victims have to travel so far away to Allahabad which is about 700-800 km away from most of the districts of West UP and be made to suffer so much for the inordinate delay and made to bear the huge expenses in fighting the case for her right in making sure that sexual offenders are sent behind bars? Why poor farmers and poor people from West UP are made to travel so much and spend so much extra money just to secure justice to the extent that they have to mortgage their land, property etc? Why can’t Centre create a High Court Bench here? Centre must itself ponder that how can it allow the more than 9 crore people of West UP from where the new President Ram Nath Kovindji hails to continue suffering endlessly by being denied even a high court bench to West UP even in 2018 even though Lucknow has a bench since 1948 even though it is just about 150-200 km away from Allahabad where the high court itself is located?

Sanjeeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kaankerkhera,

Meerut – 250001, Uttar Pradesh.

Those Misbehaving With Speaker Must Be Permanently Barred

Coming straight to the nub of the matter, let me begin by first and foremost expressing my utmost disgust at the manner in which Members of Parliament (MPs) repeatedly misbehave with the Speaker and still get away with either very light punishment or no punishment at all! This must end now once and for all. No more condoning of such unruly behaviour by MPs who are a disgrace to the entire nation! At the first place, why is there so much of tolerance for such a shameful behaviour?

To put things in perspective, it may be recalled here that Samajwadi Party lawmaker Akshay Yadav was censured last year after he threw bits of paper at Speaker – Sumitra Mahajan as Opposition parties continued their protests against the old 500 and 1000 notes ban by the Centre when the Parliament convened. We all saw how an angry Ms Mahajan adjourned the House. She was visibly upset by such atrocious conduct!

Be it noted, when the House reassembled, the Speaker Sumitra Mahajan reprimanded Akshay Yadav for his conduct. Sumitra minced no words in saying that, “This conduct is not proper on the part of the member and also for the dignity and prestige of the House.” He was let off lightly after a warning from Speaker to refrain from such activities in future.

Let me be direct in asking: Why should MPs be let off even after they misbehave with Speaker? Why are they being encouraged to indulge in such reprehensible acts by letting them off very lightly? Why should they not be permanently barred from entering Parliament or at least barred for the remainder of their term?

Let me also ask some more unpalatable but pertinent questions here: Why in other services like Army or Civil Services are the officers immediately dismissed if they dare to throw papers at their seniors as it is deemed to be “gross misconduct”? Why only are politicians who become MPs or MLAs exempted from it? Why are they treated in such a VVIP manner even though they never tire in calling themselves “public servants”?

Why are they also not immediately barred from entering Parliament or State Assembly again? Why should they be let off after a mere warning or expulsion for just a few days which has just no effect on them which alone explains why Speaker has to repeatedly face insult and humiliation from MPs? Why Centre is not making any strict law in this regard? Why is it taking all this for granted?

Let me be upfront in asking: Why if Speaker refuse to concede to the demands of MPs which is the exclusive prerogative of Speaker to concede or not to concede do they start throwing papers at Speaker? Why can’t MPs be more civilized in their behaviour? Why do they have the liberty to insult Speaker as and when they like and yet continue to enjoy all the privileges of MPs and at the most get expelled for just few days not even months or years or for life?

Let me also be upfront in asking: Why some MPs think that it is their fundamental right to throw papers at Speaker? Why PM, Opposition Leader and MPs feel that throwing of papers should be taken very lightly and under no circumstances should they be expelled except for some few days? Are they not guilty of abetting MPs to time and again indulge in such unruly acts? Why they feel that issue should not be made of it and slight condemnation is enough? Why strict rules are not being framed so that those who don’t know how to behave properly are barred from ever entering Parliament again?

No prizes for guessing that once again on July 24 the Lok Sabha Speaker had to face unruly behaviour from MPs. Topics such as open defecation problem, mob lynchings and attack on Dalits were sought to be highlighted by the Opposition. Congress leader Mallikarjun Kharge put forward an adjournment motion notice pertaining to mob lynchings and attacks on Dalits which was rejected by the House. He claimed the Opposition was not given a chance to speak.

Let me be quick to ask here: Does this give an unfettered licence to MPs to indulge in gross misconduct by throwing papers at Speaker or start shouting at the top of their voices or tearing papers and throwing them all around in Parliament? Why all politicians feel that all this should be overlooked as MPs enjoy certain privileges? Should this be considered a privilege that MPs insult and humiliate a Speaker and that too a woman Speaker? Why is PM Narendra Modi silent on it?

What is most shocking is that 6 Congressmen who misbehaved were suspended for just 5 days which means that they have been given the unfettered licence to again after coming to Parliament indulge in similar misbehaviour and again face expulsion for just 5 days or so or even let off after a light reprimand which makes no difference to them at all! The suspended members are G Gogoi, K Suresh, Adhiranjan Chowdhary, Ranjeet Ranjan, Sushmita Dev and MK Raghavan.

Let me now also ask some more thought provoking questions: Should all Indians be proud that these 6 Congressmen who had the gall to misbehave with Speaker have been expelled for just 5 days? Why are there no strict rules that if any MP ever dares to throw papers at Speaker, he/she would be barred for life from entering Parliament? Why so lenient rules for MPs? Are such lenient rules not encouraging them to time and again storm to the well of the House and openly misbehave with Speaker as they like and yet continue being the Hon’ble MP?

Let me also not shy away from asking here some more pertinent questions: Why are all MPs including Speaker so conspicuously silent on it? Why should MPs be allowed to throw papers at Speaker and then get away with it by just a slight reprimand or expulsion at the most for few days as we saw recently in the case of these 6 Congressmen? When will this shameful mockery end? How long will the reputed Chair of Speaker be insulted by MPs so brazenly only to come back again to Parliament and repeat the same act?

Can anyone tell me: Why MPs have the liberty to shout as much as they like in Parliament and instead of spending time on relevant things waste time by shouting due to which crores of taxpayers money are frittered away at the drop of a hat and not stopping here further throw papers at Speaker and still continue being MPs for the rest of their life and get away with just a reprimand or few days expulsion from the House? Why should such unruly MPs not be banned for life from entering Parliament? Why should they not be jailed for few years for insulting Speaker? Why should they be paid any salary for being an MP when they don’t even know how to behave inside Parliament?

Truth be told, Sumitra Mahajan was candid enough to say that, “Sad with what happened. Question Hour should never be disrupted. Had told Kharge Ji, I will allow him to speak after Question Hour.” She also said that, “Creating ruckus at Well is non-disciplinary in itself but tearing up paper and throwing it on Speaker 4 times was worse.” Needless to say, the MPs threw pieces of paper and disrupted proceedings during the zero hour. The Speaker suspended them and adjourned the Lok Sabha till 2.30.

Truly speaking, this is not the first time that Congress MPs have been suspended for few days for their unruly behaviour. It may be recalled here that in 2015 also, the Lok Sabha Speaker Sumitra Mahajan had suspended 25 Congress MPs again for just five days for “persistently and willfully obstructing” the House. For how long will this be tolerated quietly? For how long will PM Narendra Modi keep a deafening silence on it?

All Indians must also ask themselves these highly relevant but totally neglected questions: For how long will MPs continue to throw papers and insult Speaker and laugh at being expelled for just few days not more than 5 days as we saw just recently and as we saw in 2015? Should we all be proud of this? Should such unruly MPs not be shown the door for the whole life or at least expelled for the remaining term? How long will Centre take no action on this which concerns the high office of Speaker itself? Who will like to become Speaker if such reprehensible acts are allowed to continue unabated and unpunished?

As if this is not enough, let me also ask here: Why is no news channel or no magazine or no one in media is debating it seriously? Why MPs have the privilege to throw papers at Speaker and escape with just 5 days expulsion from the House? Why even after 70 years of independence we see no strict rules being framed in this regard? This open mockery and most reprehensible act cannot be just condoned by expelling them for a few days.

It needs no rocket scientist to conclude that it is high time and now they must be barred for the rest of their life so that the right message goes out to all MPs that those who can’t respect Speaker have no right to be a MP! How many of us are aware that Speaker office comes above even the CJI? Should it be still insulted in such a brazen manner by MPs on the ground that they have been elected to represent people and raise their voice in Parliament?

Let me hasten to add here: Protest has to be done in a well dignified manner as we see in case of eminent MPs from all parties who never indulge in such unruly behaviour! Let there be no doubt on this! Mayawati also protested and even resigned but she didn’t throw papers at Speaker! That is the proper way!

All said and done, Parliament cannot be allowed to become a dirty fish market where conduct does not matter at all! Most unfortunately, this is what we are seeing in Parliament right now! How long will this reprehensible status quo continue? All MPs must realize this! The earlier they do, the better it shall be for the healthy functioning of our democratic system.

Parliament is the biggest citadel of democracy and few MPs cannot be allowed to hijack it and run it as they like without being checked by anyone or being allowed to escape very lightly! Such unruly MPs must be barred permanently from entering Parliament because they are just not fit for it! When once MPs will be shown the door for life for misbehaving with Speaker, no MP will have the audacity to ever dare to again misbehave with Speaker right inside the House!

But the moot question that arises here is: Will majority of MPs ever allow this to happen has it is they themselves who will be directly affected by such strict rules? MPs only know how to make rules for another but when it comes to them they are not ready for any change and feel that MPs have the right to contest from jails and even if some one is barred from all government jobs because he/she has criminal cases pending against him/her even though they may be false but when it comes to becoming MPs then even dacoits like the former bandit queen Phoolan Devi or anyone else have every right to become an MP! Can this ever be justified? Still our MPs justify this and say that all cases against them are “politically motivated”!

But what about unruly behaviour inside Parliament? For this also they will give hundred reasons! Most unfortunately, here too they are allowed to have the last laugh and continue as MP in spite of misbehaving with Speaker! Why no serious attempt has ever been made by any government to permanently disqualify all such MPs who misbehave with not just Speaker but with anybody else?

Why we see MPs hurling abuses on aeroplane while interacting with some staff official as we saw recently when a Shiv Sena MP slapped an official and even hurled abuses or with anyone else and yet not be expelled from Parliament? Why strict rules and regulations are there for only all other services and departments? Why similar rules not for MPs and MLAs?

Why they are treated as being above law? Why they are allowed to decide their own salary when we don’t see this happening in any other department? We have seen how they raise their salary 100 times or 10 times as per their whims and fancies! This too must end!

On a concluding note, it must be said that a beginning can be made in this direction by at least banning all those MPs and MLAs who misbehave with Speaker or with anyone who is presiding the concerned House! But again the moot questions are: Will this beginning ever be made? Will MPs and MLAs ever allow it to happen? Will the time ever come in our nation when those misbehaving with Speaker or with anyone presiding the House would be barred for life so that only those who display exemplary conduct are allowed to continue as MPs and MLAs? It is our national image that will enhance if this happens and huge taxpayers money won’t be wasted because of the shouting brigade who would then find no place in Parliament or in any State Assembly to sit and create a ruckus, throw papers at Speaker or at anyone who is presiding the concerned House and yet continue as Member of that House!

Sanjeeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kaankerkhera,

Meerut – 250001, Uttar Pradesh.

New Mental Health Care Bill Decrimialising Attempt To Suicide Is Truly Historic From All Angles

Coming straight to the nub of the matter, let me begin first and foremost by penning down my extreme happiness and utmost satisfaction to note that the new Mental Health Care Bill decrimialising attempt to suicide is truly historic from all angles! It gives me more happiness to note that this new Mental Health Care Bill has been passed by both the Houses of Parliament. Thus we see that the Parliamentary approval has been secured which was mandatory for it to become a law.

While craving for the exclusive indulgence of my esteemed readers, let me inform them that the new Mental Health Care Bill the new Mental Health Care Bill which decriminalises attempt to suicide and bans use of electric shock therapy for treating children with mental illness was passed by the Lok Sabha on March 27, 2017. With the Lok Sabha’s assent to the legislation, the new Mental Health Care Bill secured parliamentary approval as it was earlier passed by the Rajya Sabha in August 2016. This is a very good news especially for those who require mental health care. Also, it has received the Presidential assent on April 7, 2017.

To put things in perspective, an important salient factor in the Bill is that it separates attempt to suicide from the Indian Penal Code. In effect, IPC provisions cannot be invoked in case of an attempt to suicide. Since the person undertakes the extreme step of killing oneself in extreme mental stress thus meaning that it is triggered by mental illness – the Bill does not criminalise it. This is what is so laudable and it has been lauded by human rights activists, lawyers, doctors and all right minded people. Those who attempt to commit suicide need treatment and not punishment. Many times even a good friend can do the job of a doctor and help his/her friend to come out of the mental illness and again lead a normal life much like any other ordinary person.

Be it noted, the new Mental Health Care Bill provides for a rights-based comprehensive health care to the mentally ill. It aims to provide for the right to better health care for mentally ill persons. Any mentally ill person shall have the right to –

· Access mental health care

· Community living

· Seek protection from cruel, inhuman and degrading treatment

· Equality and non-discrimination

· Information

· Confidentiality

· Access medical records

· Personal contacts and communication

· Legal aid

· Make complaints about deficiencies in provision of services

· Place restriction on release of information in respect of mental illness

Let me bring out here that the new Bill also allows a mentally ill person to have the right to restrict release of information with respect to the illness and make a complaint about deficiencies in provision of services. All this will surely benefit them and have therefore been very rightly incorporated in the Bill. Apart from this there are many other laudable features in this Bill. Some of them are as follows : –

1. The Mental Health Care Bill ensures that every person has the right to access mental health care and treatment from health services run or funded by government.

2. It assures free treatment for mentally ill persons if they are homeless or poor, even if they do not possess a Below Poverty Line card.

3. Health Minister JP Nadda himself said in Lok Sabha that, “This Bill compels the state to have a mental health programme and it empowers the individuals,” adding that the Bill has a “patient-centric” approach with the aim of increasing participation of service users.

4. It also goes forward to provide that a person with mental illness will have the right to make an advance directive in writing specifying the way the person wishes to be cared for and treated for a mental illness.

5. It also recognizes the role of caregivers as those who can be appointed as a nominated representative of a mentally ill person, members of the Central Mental Health Authority and State Mental Health Authorities, or members of Mental Health Review Boards.

6. On the clauses decriminalizing suicide, the Bill states that a person who attempts suicide should be presumed to have severe stress and shall not be punished. It shall benefit mainly those who are poor or have failed in an exam or have suffered any other major setback in their respective lives due to which they don’t feel like living further. JP Nadda who is our Health Minister also said that, “Suicide is a mental disease. It will not be a criminal act, it will be decriminalized. It recognizes that it is done under severe mental stress”. This is really most historic and will benefit not just poor farmers who attempt suicide due to poverty but all other persons who attempt suicide due to one reason or the other. No one has been left out and this is really good. Punishing further a person who is already tormented does not make any sense and this alone explains why most of the countries in the world are now doing away with the penal provisions which punishes persons who attempt to commit suicide but fail due to one reason or the other.

7. It is expressly provided in the Mental Health care Bill that, “Notwithstanding anything contained in Section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code.” No sane person will ever recommend further punishing a person who is already under so much of stress and strain that he/she attempts to end his/her life. This is therefore most laudable and must be applauded by one and all.

8. It also provides mentally ill people a right to confidentiality in respect of mental health, mental healthcare, treatment and physical healthcare. Photographs or any other information pertaining to the person cannot be released to the media without the consent of the person with mental illness. This will ensure that no one is able to mock the mentally ill persons through media or in any other manner unless they consent to it.

9. The Bill empowers the government to set up a Central Mental Health Authority at the national level and a State Mental Health Authority in every state. Every mental health institute and mental health practitioners including clinical psychologists, mental health nurses and psychiatric social workers will have to be registered with this Authority.

10. A Mental Health Review Board will be constituted to protect the rights of persons with mental illness and manage advance directives.

11. Under Section 108 of this Mental Health Care Bill, the punishment for flouting of provisions will attract up to six months in prison or Rs 10,000 fine or both. Repeat offenders can face up to two years in jail or a fine of Rs 50,000 to Rs 5 lakh or both. This will make sure that the rights of mentally ill persons are protected under all circumstances. No one will dare transgress and still if someone transgresses then he/she will be awarded the appropriate punishment.

12. Section 18 stipulates that every person shall have a right to access mental health care and treatment from mental health services run or funded by the appropriate government.

13. Section 20 stipulates that every person with mental illness shall have a right to live with dignity and be protected from cruel, inhuman and degrading treatment in any mental health establishment.

14. Section 21 guarantees the right to equality and non-discrimination to every person with mental illness. No discrimination of any kind will be permitted under any circumstances against the mentally ill persons.

15. Section 19 guarantees to every person with mental illness to have a right to community living and not to be segregated from society.

16. The Bill defines “mental illness” as a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behavior, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence.

17. A person with mental illness shall have the right to make an advance directive that states how he/she wants to be treated for the illness and who his/her nominated representative shall be. It includes the right not to be treated and say no to institutionalization. The advance directive should be certified by a medical practitioner registered with the Mental Health Board. If a mental health professional/relative/care-giver does not wish to follow the directive while treating the person, he can make an application to the Mental Health Board to review/alter/cancel the advance directive.

18. A person with mental illness shall not be subjected to electro-convulsive therapy without the use of muscle relaxants and anaesthesia. Also, electro-convulsive therapy will not be performed for minors. Sterilisation will not be performed on such persons. They shall not be chained in any manner or form whatsoever under any circumstances.

19. The Bill clearly emphasizes on ensuring no intrusion of rights and dignity of people with mental illness.

20. The Bill provides for ensuring healthcare, treatment and rehabilitation of persons with mental illness “in a manner that does not intrude on their rights and dignity”.

21. The Bill also stipulates administrative bodies at central, state levels to register, supervise, maintain list of mental health establishments; develop quality and service provision norms; keep register of mental health professionals; train officials; receive complaints and advise the government on matters of mental health.

This Bill has undergone wide ranging public consultations, debates and discussions from 2010 onwards. These include regional consultations and a national consultation that was attended by nearly 300 stakeholders. In a first, Parliament devoted six hours exclusively debating and discussing mental health issues. Also, it merits mention here that a record number of 29 MPs had participated in the debate, without the usual acrimony, ruckus, cacophony or disruptions and most important of all they all expressed their unstinted support to it.

The Bill lays down that “Every person shall have a right to access mental health care and treatment from mental health services run or funded by the appropriate government. The right to access mental health care and treatment shall mean mental health services of affordable cost, of good quality, available in sufficient quantity, accessible geographically, without discrimination on the basis of gender, sex, sexual orientation, religion, culture, caste, social or political beliefs, class, disability or any other basis and provided in a manner that is acceptable to a person with mental illness and their families and care-givers.”

It would be pertinent to mention here that the range of services specified in it includes outpatient and impatient services, half-way homes, sheltered accommodation, supported accommodation and provisions for child and old-age mental health services. It also contains a provision for the notification of a list of essential medicines, providing which will be the obligation of the relevant government.

It must be highlighted here that Pune-based psychiatrist Dr Saumitra Pathare who had drafted the Bill along with Professor Jaya Sagade said the Bill will turn good lot of aspects in the mental health care. Dr Pathare said that, “For the first time, there is an emphasis on rehabilitation within the community. The Bill talks about the patients right to live within the community and not in seclusion. This changes the perspective with which we look at mentally ill patients,” adding that the Bill has a clause that mandates the government to increase the number of mental health workers.

It is no ordinary thing that 150 million Indians require treatment for mental illness but nearly 80-90% receive just no treatment. Also, we spend less than 1% of the public health budget on mental health even though it is true that mental health problems constitute nearly 13% of the health burden. An estimated 6-7% of India’s population suffer from some kind of mental illness, while 1-2% have an acute condition.

As things stand, the nation’s grossly inadequate base of professional resources is evident from its ratio of 0.3 psychiatrists for 100,000 people with marginally higher numbers taking independent private practitioners into account as compared to China’s 1.7. There are also massive deficiencies in the availability of trained clinical psychologists and psychiatric social workers. All this must be set right which is a herculean task but definitely not impossible!

It must be noted here that India which has 17.5% of the world’s population alone accounts for 17% of the world’s suicides. As per government data, 1,31,666 Indians committed suicide in 2014. This grew to 1,33,623 suicides in 2015. 150 million Indians need treatment for mental illness but nearly 80-90% receive no treatment. We spend less than 1% of the public health budget on mental health even though mental health problems constitute nearly 13% of the health burden. This alone explains what necessitated the urgent bringing of this Bill and passing it as soon as possible so that it comes into effect at the earliest!

All said and done, this new Mental Health Care Bill which decriminalizes attempt to suicide is truly historic from all angles. This alone explains why it has been hailed by a lot of eminent jurists, intellectuals and lawyers. Even the 210th report of Law Commission had recommended to decriminalize the attempt to suicide. To punish a person who is already not mentally well can never be justified under any circumstances! So it is really great to see that finally humanity has won and this is clear from the passage of this historic Bill and has even received the assent of the President now.

No looking back! A change in people’s perception is also required towards those suffering from mental illness as this alone can remove the stigma and discrimination that stands in the way of finding cures and enabling them to live a complete life which they actually deserve also! Let’s hope so! In fact hoping alone will not suffice! We all have to collectively work together to ensure that this new Bill once it comes into effect is effectively implemented instead of just leaving everything on the Government alone! It is certainly not easy but definitely it is eminently possible provided we are all committed to it! The present NDA government must be lauded for bringing forward such a historic Bill and in fact all those MPs who ensured its passage in Parliament must also be lauded unequivocally no matter from which party they hail! This ostensibly shows that all MPs who have ensured the passage of this historic Bill in Parliament are all concerned equally about the deplorable plight of the mentally ill persons and have done their level best to ensure that they are adequately protected and cared for!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Patna HC Upholds Life Term For Mohammad Shahabuddin

Introduction

Let me at the very outset begin by stating that the Patna High Court on August 30, 2017 upheld a lower district court order of life sentence to former Rashtriya Janata Dal MP and Siwan strongman Mohammad Shahabuddin along with three others in a double murder case for giving an acid bath to two brothers and murdering them 13 years ago. Shahabuddin and the others had challenged their conviction. The former MP is currently lodged in the high security Tihar jail of New Delhi.

No merit

While craving for the exclusive indulgence of my benevolent readers, let me inform them that the Division Bench of Justices KK Mandal and Sanjay Kumar of the Patna High Court said without mincing any words while pronouncing the landmark verdict that, “This court finds no merit to interfere with the judgment of conviction and order of sentence passed by the trial court”. It must be revealed here that the court had completed the hearing in the case on June 30 but had reserved the order. This is certainly a big jolt for Shahabuddin and three others who were keenly anticipating of getting bail from the High Court but that did not happen!

For the exclusive indulgence of my benevolent readers, let me also inform them that Shahabuddin’s lawyer had earlier pleaded the trial court order to be quashed as the former MP Shahabuddin’s name had not figured in the initial FIR and was added only after 62 months which is certainly quite a long time. But the High Court was not convinced by these arguments. The High Court felt that there was credible evidence to implicate him in the case.

Life Term Upheld

It must be brought out here that the Patna High Court while endorsing the life imprisonment awarded to Mohammad Shahabuddin also rejected Shahabuddin’s plea challenging the sentence awarded by the Siwan District Court on December 11, 2015. Shahabuddin and three others were sentenced to life imprisonment by Additional District Judge of Siwan Special Court – Ajay Kumar Srivastava in 2015. Shahabuddin’s lawyer told journalists that the High Court has upheld the life imprisonment conviction and they would now move the Supreme Court for relief.

Conviction by lower court

It may be recalled here that while hearing the case of abduction and double murder of Satish Raj and Girish Raj, both young sons of a prominent businessman of Siwan, Chandrakeshwar Prasad alias Chanda Babu, the Special Court in Siwan on December 11, 2015 had sentenced Shahabuddin aand Munna Mian, Sheikh Aslam and Rajkumar Sah. The Special Court of Additional District Judge Ajay Kumar Srivastava had found all the accused persons guilty under Sections 302 (murder), 364A (kidnapping for ransom etc), 201 (causing disappearance of evidence of offence, or giving false information to screen offender) and 120B (criminal conspiracy) of the Indian Penal Code.

Acid poured

Truth be told, Satish Raj and Girish Raj were abducted and, later, killed by pouring acid on August 16, 2004 allegedly by Shahabuddin and his henchmen. Chanda Babu’s third son, Rajiv Roshan who is an eyewitness in the murder of his brothers, too was shot dead on June 11, 2014, three days before he was to testify. Shahabuddin was accused in the murder of Rajiv Roshan also.

Justice meted out

After the Patna High Court order, Chanda Babu told journalists over phone that. “Justice has finally prevailed and his faith in God restored”. He felt strongly that justice has been meted out to the killers of his 3 sons who were killed one after the other by Shahabuddin and his henchmen. He exclaimed that, “Although my loss is irreparable I’m happy that justice has been done. But Shahabuddin and his aides should have got the death penalty.”

Other Cases Against Shahabuddin

Let me hasten to add here that Shahabuddin has a very long past criminal track record. He was convicted on May 8, 2007 by a Special Court that gave him life imprisonment for the abduction of CPI(ML) worker Chhote Lal Gupta in February 1999. On August 30, 2007, he was found guilty of attacking Siwan SP Sanjiv Kumar Singhal. He faces a jail term of 10 years in the case. Till September 10, 2016, he remained incarcerated, shuttling between Bhagalpur and Gaya jail. The Patna High Court on September 7, 2016 granted him bail in a case involving the murder of a witness in the killing of siblings Girish anad Satish Raj. The Supreme Court on September 30, 2016 cancelled Shahabuddin’s bail and directed the Bihar government to take him to custody immediately. Of the 40 criminal cases that he faces, judgment has come in 12 cases. He was acquitted in 4 while he has nearly completed his sentence in 8 other cases. He has been convicted in 10 other cases. In other cases the trial is yet to complete.

How the process started

Be it noted, it was after the petition of Chandu Babu and Asha Ranjan, widow of slain journalist Rajdeo Ranjan, that the Supreme Court ordered the Bihar government to shift Shahabuddin to Tihar jail to facilitate a “free and fair trial”. Shahabuddin who is a four-time RJD MP from Siwan and infamous as the “Sultan of Siwan” for many years, is facing trial in more than 40 cases and has been convicted in 8 of them.

Conclusion

On a concluding note, it has to be said that the prospects of Shahabuddin getting bail from Supreme Court are very dim. His involvement in so many criminal cases will all go against him. More importantly, the ghastly manner in which the two sons of Chanda Babu were murdered after pouring acid on them and then not sparing even the third son Rajiv Roshan who was aan eye witness are bound to pour cold water on all aspirations of Shahabuddin and 3 others who were involved in the double murder case. But it would be premature to still predict what verdict the Supreme Court will give. But certainly the Patna High Court has dashed all hopes of Mohammad Shahabuddin and 3 others of coming out of jail any time soon and its landmark judgment has vindicated loudly the old adage that, “Law does take time to catch up but when it catches up it doesn’t spare anyone. Be you ever so high, the law is above you”!

Sanjeeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kaankerkhera,

Meerut – 250001, Uttar Pradesh.

Why Can’t West UP Have A High Court Bench?

What the lawyers of West UP did on September 11? Strike. What will the lawyers of West UP do on September 12? Strike. What will the lawyers of West UP do on September 13? Strike. What will the lawyers of West UP do on September 14? Strike. In addition there has been no work earlier also in courts of West UP on 7 and 8 September!

Lawyers in West UP are not safe even from policemen what to say about goons! A lawyer Suresh Raj was brutally thrashed by cops themselves in Greater Noida some time back. Still no FIR was lodged against the erring cops. To protest this, the lawyers of West UP of 22 districts decided that they will be on strike from September 11 to 14 and this may extend even further if still no action is taken. It is most hurting to see that lawyers of West UP are compelled to go on strike again and again! But it seems no one is caring!

What the lawyers of West UP did for full 3 months in 2014-15? Strike demanding a high court bench in West UP and ended only after assurances from Arun Jaitley of looking into the matter! What did Centre do in last 3 years? Nothing but assurances and the most firm assurance from Centre came from none other than BJP President Amit Shah and Union Home Minister Rajnath Singh that bench will soon be created but again after many months nothing happened!

In 2001, the lawyers of West UP went on strike not for 6 days or 6 weeks but for full 6 months consecutively demanding high court bench but again they got nothing but only empty assurances! This has happened many times in the past also! Lawyers of West UP have been regularly striking work everySaturday since May 1981 demanding the creation of a high court bench in West UP! They protested that Justice Jaswant Singh Commission headed by Justice Jaswant Singh who was a former Supreme Court Judge had recommended the creation of 3 benches in West UP but not a single bench created till now even though benches were created for Aurangabad in Maharashtra, Madurai in Tamil Nadu and Jalpaiguri in West Bengal! We saw how in June newspapers were flooded with breaking news that Brijesh Pathak who is the Law Minister of Uttar Pradesh saying pompously that, “Western Uttar Pradesh will soon have a high court bench. We will discuss the details soon and inform you.” But three months later we are still seeing no action on the ground!

Why are lawyers of West UP forced to go on strike again and again sometimes for 3 months or 6 months or for many weeks or for few days as they will do now on 11, 12, 13 and 14 September, 2017 and every Saturday since 1981 and even many times on Wednesday? Why lawyers including senior lawyers are compelled to block highways, lie down in front of a train and indulge in different form of protest on roads and highways instead of practicing quietly since last many decades and even go on padyatra demanding bench many times and the most famous one was that of 1989? Why lawyers of West UP are compelled to sometimes even boycott Lok Adalats as they did in 2014-15 and whole night sat outside the court in protest against West UP not being given a high court bench?

Why eminent criminal lawyer, former President of Meerut Bar and present member of Bar Council of UP – Anil Kumar Bakshi proudly points out that he is among the few lawyers who have been to jail because of his active participation in the holy struggle for creating a high court bench in West UP? This is because it is certainly one of the most holy struggle and this alone explains that why lawyers here are ready to go to any extent to ensure that a high court bench is created here! Going on strike for months and months is easier said than done and only lawyers of West UP best understand that how much hardship they have faced to ensure that the sacred agitation for a high court bench in West UP continue uninterrupted!

How long will Centre ignore that lawyers of West UP keep boycotting work everySaturday since 1981 demanding high court bench and apart from this keep boycotting work even on Wednesdays many times apart from other days which is decided by Central Action Committee constituted way back in 1981 to pursue the people’s struggle for a high court bench in West UP as it is the common man who faces the most inconvenience due to West UP not having a bench here since 1947? Justice BP Singh (retd) of Allahabad High Court too fully supports the demand for a bench in West UP but cautions that it will not become successful as long as it remains a lawyers movement and it can become successful only if it becomes a people’s movement!

How long will more than 9 crore people of West UP be made to travel more than 700 km on an average to travel all the way to Allahabad as there is no high court bench in West UP? How long will Centre keep coughing out innumerable excuses for not creating a bench here? How long will Centre keep treating more than 9 crore people of West UP as third rated citizens who must be made to travel all the way to Allahabad just to attend a court hearing as there is no high court bench in West UP? How long will Centre ignore the latest recommendations of the 230th Law Commission report which strongly recommended creation of more high court benches and castigated the “Uncle Judges” culture prevalent in various high courts due to lack of more benches?

Dr Satyapal Singh who is the former Mumbai Police Commissioner and presently represents Baghpat constituency as BJP MP recently made Union Minister raised most forcefully the pressing issue of setting up of a high court bench issue in Lok Sabha on March 9, 2016. He pointed out how despite UP having more than 22 crore population and 75 districts has least benches and West UP has none! Should we proud of this? He rightly said that, “I had raised the issue of the HC bench in the Lok Sabha. This is not only a need for lawyers but also the need of the common people as well. There should be a bench in Meerut, Agra, Gorakhpur, Varanasi and Jhansi. If the Lucknow bench of HC can be created for 12 districts, why can’t we have 4-5 separate benches for all the 75 districts in the state? The first war of independence began from Meerut and the movement to provide affordable justice to people should also start from Meerut. I have already written a letter to PM Modi and I will write to him again. We don’t need the consent of either the state government or the CJ of the Allahabad HC”.

Misbauddin Siddiqui who is the President of the Meerut District Bar Association lamented, “The problem is that the Allahabad High Court has the highest number of pending cases. The pressure is huge. Allahabad is very far from Western UP. It is around 800 km from Saharanpur. Eight other high courts are closer to Western UP, and interestingly Lahore High Court in Pakistan is closer than Allahabad High Court. The cost of travelling to Allahabad, and then staying there is huge for poor people. That is why we have been demanding a high court bench. Successive governments have denied us this.” All we see is strike, strike and nothing but strike and no work in the courts of the 26 districts of West UP!

How long will Centre ignore that none other than eminent jurist Soli J Sorabjee as Attorney General had strongly said way back in 2001 that, “The Centre without any recommendation from the State Chief Minister or Chief Justice of a State is fully empowered under our Constitution to set up a high court bench anywhere it wants at its own volition”. How long will Centre ignore what BN Krishnamani who is the former Supreme Court Bar Association Chairman had said that, “Only by the creation of a bench of high court in West UP will the people be able to secure speedy and cheap justice at their doorsteps”?

Why even Atal Bihari Vajpayee raised the demand of a high court bench in West UP inside Parliament way back in 1986? Why Rajnath Singh who is Union Home Minister while addressing public gathering in Patiyali constituency of Kasarganj district is on record stating in February 2017 that UP reported 7,673 riots, 4660 murder, 4096 robberies and 260 dacoities in just one year yet it has least benches in India and West UP has none where maximum crime incidents are reported?

Let me on a very bitter note point out that crime against women are multiplying most rapidly in UP and this is most felt in West UP which is the worst affected of all the regions of UP. Throwing of acid on woman or rape, gang rape, molestation and all other forms of crimes against women and girls are openly being perpetrated in West UP especially as also in UP which is certainly most concerning!

We are all seeing how Saharanpur is burning after violent clashes erupted between Dalits and Thakurs that left many dead and many injured! We all saw how BSP leader Munawwar Hasan Rana and his 6 family members were brutally killed in Muzaffarnagar just recently and a BJP leader too killed most recently in Ghaziabad! We all know how Meerut and Agra top in the number of incidents of communal clashes and how everyday the local newspapers is flooded with cases of murders, rapes and other heinous crimes! The situation in communally sensitive districts like Aligarh and Kanpur in West UP among others is no better! Still no effort is being made to establish a high court bench here! Why?

Such incidents keep happening on a regular basis in West UP especially! 2 minor girls were gangraped recently in Moradabad! Many more have taken place even after! Criminals fully know that West UP has no high court bench and Allahabad High Court tops in the number of pending cases about 10 lakh pending cases and it would take ages before the cases are finally decided as they keep on lingering interminably and by the time they are decided they would die a natural death and victims would suffer endlessly travelling again and again 800-900 km away from West UP to Allahabad as West UP with 26 districts have no high court bench!

This must change now if the fear of law is to be ingrained permanently in the minds of such criminals! We all know fully well that how a similar incident had triggered huge protests in July 2016 when a mother and daughter were gangraped in Bulandshahar! Why talk about women alone? Even men are not safe here! Policemen themselves are not safe here! Criminals are killing whomever they want with impunity and then we see how they easily manage to get bail and the criminal cases keep pending interminably! This must stop forthwith if a semblance of law and order is to be restored in UP! But how? By ensuring that cases against criminals are decided at the earliest.

Eminent and senior Supreme Court lawyer and former Law Minister Kapil Sibal himself had mentioned that he had recommended a high court bench at Meerut as was disclosed by another Union Minister in UPA regime – RPN Singh but the then state government led by Akhilesh Yadav refused to endorse it! It was way back in 1955 that Dr Sampoornanand had recommended a high court bench for West UP at Meerut but even after 62 years we see no bench as Centre had refused then! Similarly many other UP CM had also recommended the creation of a high court bench here but to no avail! Why? Our former PM Atal Bihari Vajpayee had himself raised the demand for a high court bench for West UP in 1986 inside Parliament but even after more than 30 years we are nowhere!

What an unbeatable irony that Allahabad High Court tops with maximum pending cases at 10 lakh and still it has least high court benches – only one at Lucknow for just 8 districts! No other High Court in India has 10 lakh or 9 lakh or 8 lakh or 7 lakh or 6 lakh or 5 lakh or 4 lakh or 3 lakh or even 2 lakh cases pending and still some of them have got 3 high court benches like Karnataka, Maharashtra and others but UP has just one bench only! Why this step-motherly treatment for UP?

How long will Centre ignore that only Karnataka has gained from the recommendations of 230th Law Commission recommendations when 2 more benches were created at Dharwad and Gulbarga for just 4 and 8 districts even though the pending cases are just about 1 lakh and that of UP are more than 10 lakhs and that of West UP alone are more than 5 lalkhs still West UP has no bench and UP has just one bench? Why Centre decided to create high courts for Tripura, Meghalaya and Manipur with just 36, 29 and 27 lakh population but denied a bench to West UP with more than 9 crore population?

How long will Centre ignore that it is a matter of great shame that Allahabad High Court which on March 17, 2016 had completed its 150th year of establishment has the least benches in India – only one at Lucknow just about 150-200 km away from Allahabad and that Allahabad High Court is the biggest court in whole of Asia and also the oldest court? How long will Centre ignore that UP which is among the largest States, has maximum population – more than 22 crore, maximum districts – 75, maximum constituencies, maximum MPs – 80, maximum MLAs – 404, maximum PM including Narendra Modi, maximum pending cases – more than 10 lakh and here too West UP accounts for more than half of pending cases as noted by Justice Jaswant Commission about 57%, maximum Judges, maximum vacancies of Judges – about 78 in high court, maximum poverty, maximum villages more than one lakh, maximum fake encounters killings, custody killings, maximum dowry cases, maximum bride burning cases, maximum cases of human rights violations, maximum undertrials, maximum cases of crime, loot, arson and riots and here too West UP tops with Saharanpur riots, Meerut riots, Muzaffarnagar riots tarnishing our international reputation to the extent that former UN Secretary General Ban ki Moon termed UP as “crime and rape capital” of India and what not yet Centre is not prepared to create even a single bench for not just West UP but entire UP? How long will Centre ignore that UP sends maximum MPs to Lok Sabha – 80, maximum MPs to Rajya Sabha – 30, maximum MLAs to State Assembly – 404 MLAs and maximum members to State Legislative Council – 100 MLAs and yet has least benches?

How long will Centre ignore that if a high court bench is created it is “poorest of poor” who will benefit most as they will be saved from the unnecessary trouble of travelling so far and spending so much extra money, time etc to just attend one hearing alone? How long will Centre keep dilly-dallying on such a burning issue that directly affects a common man? What will temple give? Only Hindu devotees will be satisfied and for justice they too who live in West UP would have to march 700-800 km all the way to Allahabad senselessly as we see right now! When a bench can exist in Lucknow then why not in West UP? Centre must have some pity on woman who are most unsafe in lawless UP and especially West UP and immediately order creation of more benches not just in West UP but also in other parts of UP where the crime rate is high! Crime rate is highest in West UP which necessitates creation of bench here on a war footing by which people of all religions and all castes and all sexes will benefit equally!

Above all, how long will Centre very conveniently ignore that it is West UP alone where there are maximum cases of riots, murders, rapes, gangrapes and all other incidents of crime yet West UP has no bench? Nehruji created a bench in Lucknow 70 years ago in 1948 but why no PM till 2018 is ever willing to create even a single bench elsewhere? Why no PM can act like Nehruji in 2018? Gajendra Pal Singh who is former President of Meerut Bar laments that, “Western UP still does not have high court bench. Think of this, Western UP is 98,933 square kilometres in area. It is bigger than countries like Hungary, Portugal and Jordan. Plus, the population of West UP is huge. We have been demanding a high court bench for so long. Successive governments have done nothing about it. This high court bench has been promised to us multiple times by different politicians. But, nothing has happened. All those statements are only political statements, nothing else.”

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Book Publication Offer from Reputed Academic Book Publisher

Why Politicians Don’t Care For Human Rights Of Our Soldiers?

Let me begin at the beginning itself by stating that I feel most hurt whenever I hear politicians criticizing our soldiers who every second while in service put their own life in jeopardy so that we all citizens can live our life without any fear. My grievance is not just against Azam Khan alone who most recently poured venom against our soldiers and equated them with rapists and justified violence against them by saying “Soldiers have been beaten by women in Kashmir, Jharkhand and Assam and their private parts were chopped off. The truth is that women are forced to act against Army rapists. It is a message that Hindustan should be ashamed of.” It is against the political class as a whole who have always treated our brave soldiers with contempt for reasons known best to them. They keep quiet when soldiers like Lieutenant Umar Fayyaz are brutally murdered after kidnapping him unarmed from a wedding ceremony at gunpoint! They don’t utter a word on dreaded terror outfit ISIS flags being openly waved in Kashmir!

It merits no reiteration that Indian Army is among the most disciplined forces in the world and misconduct is not tolerated even to a bare minimum. We have seen how many times soldiers are court martialled even on the slightest of misconduct what to talk about rape yet our politicians feel that our soldiers of Army commit heinous crimes like rape and women have to act against them as no action is taken against them by Army! This is nothing but utter nonsense and a white lie!

Azam Khan’s utter callous and false remarks have brutally hurt the sentiments of all those not just in the Army but also all those like me who inspite of not being in the Army always hold our soldiers in the highest esteem and no accusations will ever shatter my unflinching faith on our brave and most disciplined soldiers! This alone explains why whenever there is flood or any other crisis in any part of India which includes Jammu and Kashmir, the local population themselves demand that they want the help of not just police but also of Army because soldiers are best disciplined to help everyone without any bias or prejudice! Does Azam Khan and other politicians like him not know this simple and plain irrefutable fact? It was disclosed by Col RSN Singh in a news channel that this Azam Khan was rusticated from the college where he was studying for misbehaving with a woman and still such politicians who themselves don’t have clean record shamelessly accuse our Indian Army soldiers of indulging in rapes!

It is just not fair to tar all soldiers with one brush. There are black sheep in every field. Whenever Army finds that a black sheep has defamed its impeccable reputation it does not waste any time in taking the strictest action against him no matter how senior he may be!

Justice Markandey Katju who is a a former Judge of Supreme Court had once famously said that, “Politicians of India are rogues and scoundrels.” He had squarely blamed them for all the ills of India. Why our politicians don’t accept this and rather point accusing fingers at Army who are the “real pride” of India without having any concrete proof? Justice Katju had also termed Pakistan and Bangladesh as “fake countries” created solely by Indian politicians. Khan Abdul Ghaffar Khan who hailed from Pakhtoonistan in Pakistan had once famously said to Jawaharlal Nehru that, “Nehru you have made me a foreigner in my own country by partitioning India”. Why politicians say nothing on this?

Why politicians say nothing on this that Jawaharlal Nehru complicated the Jammu and Kashmir problem by not allowing Indian soldiers a free hand and rushing to UN for ceasefire due to which a large part of Jammu and Kashmir went in the hands of Pakistan called Pakistan Occupied Kashmir (PoK) which even after 70 years later is still with them? Why politicians say nothing on this that the biggest act of communalism was accepting the partition of India on religious lines which was opposed tooth and nail by leaders like Maulana Abul Kalam Azad but they were in minority as most of them wanted India to be partitioned? Why politicians did not refuse to accept the partition of India on the flimsy ground of religion due to which we have been suffering interminably since last 70 years?

Why politicians perpetuated inequality by putting a total full stop on Hindus marrying more than once even though prior to 1947 Hindus were free to marry as many women as they liked because there were no restrictions in Hinduism but did nothing to stop Muslims from marrying more than one except under very exceptional circumstances as is prescribed by their founder Prophet Mohammad itself? Why politicians did not allow Jammu and Kashmir to be fully merged with India? Why politicians ensured a separate flag and separate Constitution and separate laws for the people of Jammu and Kashmir when its Maharaja Hari Singh had unconditionally merged his province into India?

Why politicians have so much of venom against our brave soldiers and so much of soft corner for Pakistan? Why our soldiers have been sacrificing their lives since last 70 years fighting Pakistani troops and terrorists trained and sent by Pakistan into India yet politicians have never nuked all relations with Pakistan even though small countries like Kuwait have severed all links with Pakistan and have asked Pakistanis to vacate Kuwait as they promote terror even though they are not directly affected by proxy war of Pakistan which has always since 1947 been directed only and only against India? Still do our soldiers ever criticize politicians and ask the people to be ashamed of them? No!

Why politicians unilaterally decided to grant Most Favoured Nation (MFN) status to Pakistan way back in 1996 even though they have not granted us the same? Why politicians ruling in Centre have taken a vow that they will not listen to their own senior leaders like Subramanium Swamy what to talk about Shashi Tharoor and under no circumstances will ever withdraw the MFN status conferred wrongly and unilaterally on Pakistan just few years after terrorists sponsored by Pakistan ensured the killings and exodus of lakhs of Hindus and even those Muslims who helped them in any manner way back in 1989? Does Pakistan deserve MFN status? Incidentally China and India both conferred MFN status to each other way back in 1988!

Why politicians are so insensitive towards the sufferings faced by our Indian soldiers who risk their life every second in Siachen glacier, Jammu and Kashmir, Nagaland, Assam and other parts of India and care a least for their basic human rights? Why politicians very strongly feel that ordinary criminals like rapists or dacoits or robbers or murderers or any other ordinary criminals not trained by ISI or Pakistani Army are not worthy of being engaged in talks and dialogues rather it is only and only terrorists who are fully trained in rogue nations like Pakistan and fully armed to the teeth to spread maximum destruction in India by killing maximum soldiers and innocents who are best suited to be invited for talks and dialogues? Why politicians appoint interlocutors and declare ceasefire only for terrorists and not for rapists or dacoits or other ordinary criminals not trained in Pakistan or any other foreign country on how best to destroy India?

Why politicians of nearly all political parties were united in according a red carpet welcome to Pakistani invader General Pervez Musharraf who masterminded Kargil war in which we lost more than 600 soldiers as per official figures even though unofficially the figure was quite high and were unanimous in saying that, “Paar baat jab aaygi Pervez ki nahin paar baat jab aaygi Musharraf ki humein to Musharraf chaiyein, humein to Pervez, Pervez, Pervez, Musharraf, Musharraf, Musharraf. Lagta hain bada pyaara dikhta hain bada pyaara.” Even though senior Supreme Court lawyer Aman Lerkhio very strongly felt that Gen Musharraf who was responsible for Kargil war and the brutal killings of hundreds of our brave soldiers should have been arrested right when her landed in India and after being tried for war crimes should have been hanged but see how politicians tom-tommed in front of him even though politician like Sandeep Dixit have no qualm in equating our present Army Chief Gen Bipin Rawat with “Sadak ka Gundaa”! Are politicians on pay role of Pakistan or Musharraf? If not then why so much of kowtowing in front of them and extra soft corner for them?

Why repeatedly Pakistan sends its Border Action Team (BAT) to India with sharp weapons to behead our soldiers, mutilate their bodies and even their private parts are not spared and still politicians keeps tolerating it quietly? During Kargil war Pakistani soldiers captured Captain Saurav Kalia alive along with 5 soldiers of 4 Jat Regiment and brutally tortured them not for 1 day or 2 days or 5 days or 10 days or 15 days or 20 days but for nearly a month before finally shooting them on their head! Their eyes were gouged out after piercing them with hot iron rods, their ears were also cut in similar fashion and their whole body bore signs of cigarette torture! Not just this their fingers too were brutally cut and not just this their private parts were also not spared! They were beaten mercilessly for nearly a month before finally killing them by shooting on their head!

Why politicians gave importance to relations with Pakistan and did not even raise bilaterally the brutal killing of Captain Kalia and 5 soldiers with Pakistan? Why instead Pakistani invader Gen Musharraf who himself admitted that he entered 15-16 km inside Indian territory to boost the morale of his soldiers was given a grand welcome in India and that too just 2 to 3 months after Kargil war? Why for nearly 18 years the father of late Captain Saurabh Kalia is fighting a lone battle in Supreme Court to get justice for his child but Centre did not even provide him a senior and experienced lawyer free of cost as amicus curiae to help him fight the case legally? Why politicians like former PM Atal Bihari Vajpayee and former Defence Minister Jaswant Singh backtracked and did nothing even after assuring NK Kalia who is the father of late Captain Saurabh Kalia that they would rake up the brutal killing of his son and 5 soldiers in every international forum and also with Pakistan?

Why politicians are still shamelessly happy with continuing bus service, train service and other service by which Pakistanis and terrorists can very easily enter India and kill innocents? It is because they are themselves not directly affected as they enjoy Z plus security so why should they be bothered? Why politicians are still shamelessly happy with not declaring Pakistan a rogue state and a terror state as demanded by Rajeev Chandrashekhar and keeping a huge army of diplomats in India to directly harm our interests and encourage separatists and help them in all possible manner? Why politicians ruling in Centre are not naming Pakistan as Aatankistaan as demanded by Maulana Mehmood Madani and nuking all relations with Pakistan by boycotting them in every forum as very rightly demanded by Madani?

Why politicians are treating the beheading and mutilation of our brave soldiers as “normal routine” and are not disturbing ties with Pakistan in any manner? Why is the pro-Pakistani lobby in Centre allowed to have the final say in all matters by not disturbing relations with Pakistan in any manner? Are soldiers more important or Pakistan more important for our politicians?

What did India get after releasing the surrendered 93,000 Pakistani prisoners of war after defeating Pakistan in 1971 war? Pakistan didn’t release our 54 prisoners of war and none other than former PM of Pakistan – Zulfikar Ali Bhutto himself testified in his book that he could daily hear the cries of Indian soldiers as they were tortured by Pakistani soldiers whole day and whole night! Why politicians did just nothing to ensure their safe return even though when some politician’s daughter is kidnapped as happened way back in 1989 when Rubaiya Sayyed who was daughter of former Home Minister Mufti Mohammed Sayyid then politicians agreed to release many hard core terrorists who later indulged in a lot of mayhem and killing of innocent people in Kashmir?

Why even PM Narendra Modi has time to crashland in Pakistan and attend the marriage ceremonies of Pakistani PM Nawaz Sharif’s relatives and that too uninvited but has no time to console the wife, parents and children of those unfortunate brave soldiers who are most brutally assaulted, tortured, murdered, beheaded, mutilated and what not? Why Modi listened to his crazy advisers who advised him to unilaterally invite Pakistan’s notorious ISI agents to inspect that very place in Pathankot where terrorists trained by ISI executed merciless killings of our brave soldiers including a Major of Army and all this happened just after Modi’s visit to Pakistan? Why Pakistan refused NIA to even enter their country leave alone interrogate the key suspects? Why politicians shamelessly refuse to learn any lesson from history?

Why a consistent hardline approach is not followed with Pakistan? Why even after winning 1971 war with Pakistan did politicians not take back whole of PoK from Pakistan and ensured the safe release of 54 Indian soldiers who were condemned to suffer endlessly at the hand of Pakistani Army and ISI which alone explains why the then Pakistan PM Zulfikar Ali Bhutto had remarked famously that, “Even though we have lost the battle on the ground but politically and diplomatically we have won the game because it is India that has made all the concessions!” Why politicians surrendered the pride and dignity of our brave soldiers so weakly?

Why One Rank One Pension (OROP0 which soldiers were enjoying till 1971 was stopped suddenly soon after winning 1971 war? Why OROP for IAS, IPS and senior generals but not for soldiers who actually fight the real battle on the ground and lay down their invaluable lives for a thankless nation? Why even now OROP has not been fully granted which alone explains why soldiers are still protesting and many have been braving lathis and one ex-soldier had even died while protesting?

Why politicians like Azam Khan are just ready to always level some allegation or the other on our brave soldiers and ask us to be ashamed of them but never feel ashamed by repeatedly compromising with foreign powers and surrendering our nations pride abjectly time and again? Stonepelters in Kashmir are ostensibly paid by their ISI handlers but who pays politicians to always bat in favour of Pakistan and invite this very notorious ISI to inspect the site where terror attack is carried out by terrorists trained and armed by ISI themselves and Pakistani invaders like Gen Pervez Musharraf who masterminded Kargil war in which we lost more than 600 soldiers as per official figures and who even contemplated to nuke India during Kargil war and after attack on Indian Parliament way back in 2001 and paid Rs 1 lakh as cash prize to dreaded Al Qaeda terrorist Iliyas Kashmiri for presenting him a head of an Indian soldier as trophy yet was treated like a royal emperor and given grand welcome just 2 to 3 months after Kargil war without caring for the sentiments of those who lost their bravehearts in Kargil war! It is high time and it is not just the common man but even politicians who must themselves realise that India is safe because of soldiers as they face all dangers which alone explains why no politician ever sends his children to Army! A nation who does not care for human rights of their soldiers who brave all odds to protect our borders and our safety can never survive long!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

NHRC To Govt: Give Rs 5 Lakh Relief To Mohammed Amir Khan Acquitted Of Terror Charges

Coming straight to the nub of the matter, let me begin by first and foremost expressing my profound dismay and utmost dejection to learn that Mohammad Amir Khan was long incarcerated in prison for 14 years on terror charges even though he was later acquitted. Not me nor anyone else except the person who has been “wrongly framed” as a “terrorist” can understand the horrendous pain and irreparable loss suffered to his reputation and normal living as well as his whole family. I have no words to express my feelings when I learn of such cases.

Let me be forthright in saying that every Indian must learn patriotism from Mohammad Amir Khan. Even after losing his father who felt heart broken when everyone in society used to mock him as “father of terrorist” and even after his mother too becoming paralysed due to shock and trauma and later dying and he himself being incarcerated for 14 long years in prison and that too in his prime age from 18 to 32, he still swears by India and feels proud to be an Indian. He never raised anti-India slogans unlike what we saw sometime back in JNU campus where educated Indians were chanting slogans in support of Afzal Guru and decrying India. They were openly shouting “Bharat teri barbadi tak jung ladenge, jung ladenge. Ek nahin do nahin hazaar tukde karenge bharat tere. Afzal tere hatyare abhi zinda hain hum sharminda hain hum sharminda hain etc”. They all must study what happened with Mohammad Amir Khan who inspite of all his untold and unending sufferings still feels proud to call himself an Indian and must imbibe some love for their motherland just like Mohammad Amir Khan!

Truth be told, in a deeply touching book which he wrote with Nandita Haksar titled “Framed As A Terrorist: My 14-Year Struggle To Prove My Innocence”, he describes how when he was 20, one late-winter evening in February 1998, in a by-lane of Old Delhi which was close to his home, he was picked up by plainclothes policemen, and driven to a torture chamber. He recounted his most harrowing experiences of days and nights of most brutal torture: He was stripped naked, his legs stretched to extremes, boxed, kicked, subject to electric shocks, anti-Muslim abuse and threats to frame his parents. He finally succumbed and agreed to sign numerous blank sheets and diaries. As a result, he was charged in 19 cases of terror crimes.

It needs no rocket scientist to conclude that if the police had damning proof of his involvement in terror cases, it would not have taken 14 long years to prove it. More importantly, Mohammad Amir would not have been exonerated in 18 of 20 cases if he was actually a terrorist. Those guilty of wrongly framing him as a terrorist deserve the most strictest punishment on earth. They have ruined his whole life and are also responsible for the untimely death of his parents as a result of the mental shock which they suffered due to him being wrongly labelled a terrorist!

While craving for the exclusive indulgence of my esteemed readers, let me inform them that observing that the actions of the state authorities took away “14 prime and precious years” of a man’s life, the National Human Rights Commission (NHRC) has recommended that the Delhi government pay Rs 5 lakh as interim relief to Mohammad Amir Khan – incarcerated since he was 18 – who was acquitted in cases of terror. This amount is a very small amount for the terrible sufferings, worst torture and irreparable loss that he suffered in last 14 years and even thereafter till now. He should have been awarded at least Rs 5 crore. But better something than nothing!

For my esteemed readers exclusive benefit, let me also inform them that in an order dated November 8, 2016, the NHRC noted that the Deputy Commissioner of Police (DCP), Vigilance, had forwarded an inquiry report to the NHRC, stating that Amir Khan was arrested in cases related to a series of bomb blasts in Delhi and its adjoining states in 1996-1997. The DCP said Khan was convicted in two cases and appeals against his acquittal in two other cases were pending before the Delhi High Court. But NHRC was not convinced by what the DCP stated.

As it turned out, the NHRC order said very categorically that, “The reply to the showcause notice is not based on merits. The notice was issued on the point of acquittal of the victim in 18 cases by the courts and long incarceration of the victims in prison. The commission is not concerned with appeals pending in two cases. The fact is the victim had to spend 14 years in prison for no reason, violating his rights. The commission finds no merits in the report of the DCP, Vigilance, and recommends that Rs 5,00,000 as interim relief be paid to him.” The NHRC also noted that, “The victim has been acquitted in 18 of 20 cases by astonishing acknowledgement of lack of evidence.” This is most astounding, to say the least.

Let me be direct in saying: All those police officers and cops who were involved in any manner in framing wrongly terror charges on him must be publicly named and tried for implicating an innocent person as “terrorist”. Under no circumstances should they be allowed to escape scot free. A very strong and loud message must go out: Those cops and police officers who dare to wrongly frame an innocent as terrorist would have to give huge damage as compensation to the person wrongly framed as terrorist and would have to land behind bars for the rest of their life. But most unfortunately, we don’t see any such thing happening in India which alone explains why many times we find that an innocent like Mohammad Amir Khan is wrongly framed as terrorist.

Be it noted, Amir Khan, who has been trying to stitch his life together since his release in 2012 said if the NHRC’s recommendation is implemented, this would be the first time that he will receive financial assistance from the government. Amir Khan also said that, “I welcome the decision. Financial assistance would help rebuild my life. But what I need more is a job to support my family. A job will restore my dignity and respect in society. I once dreamt of being a pilot but I could not complete my studies.” Most tragic and most disappointing! No money, no award and no honour can ever in life compensate him for the irreparable loss and untold sufferings that he wrongly suffered and still he feels proud to be an Indian! India needs many more Indians like him and they must be given the highest award for expressing solidarity with India inspite of undergoing untold sufferings and losing his parents and everything else instead of waving Pakistani flags and chanting anti-India slogans as we saw in JNU and keep seeing in Kashmir Valley!

In hindsight, it can be said that great injustice has been done with Mohammad Amir Khan which cannot be compensated by any Bharat Ratna or crores of rupees or anything else. An NHRC official said that, “Implicating innocent persons would not only go against justice and the rule of law, but also lead to culprits’ escape. During incarceration, the victims suffered the death of his father. His mother became paralysed due to shock and trauma and later died.” He also said that, “We will send a reminder to the government.” It also took note of the conduct certificate Khan was given by the jailor, District Jail, Ghaziabad. Commission officials said the Delhi government was asked to submit proof of payment in six weeks. The six weeks were over on December 29, 2016.

Let me bring out here that his father – Hashim Khan as long as he was alive was present at every hearing. Amir recalls how “Abbu arrived before the courts opened. He went straight to the typists who sit in rows outside the lawyers chambers…He came early so he could get his applications typed…for permission to meet me in the lock up… to give me home-made food…Armed with his application Abbu made his way through the crowds to the court where my case would came up… to catch a glimpse of me”. The police continued to harass his parents, money for lawyers ran out, none came forward for help, as they were stigmatized as parents of a terrorist. This left his father completely heart broken!

Let me also bring out here that on one hearing in 2001, the Judge noticed that his father was absent, and the policeman explained that he was in hospital. The Judge permitted him to see his father for an hour. Surrounded by tubes, Abbu’s first words to him were: “I could not come to your hearing”. Amir recalled how much he was worried for him, but was satisfied that by then he had been acquitted in 11 of the 19 cases. It was in courts week later that he was informed that his father had died. His father was most hurt when all his neighbours mocked at him for being the “father of a terrorist” and avoided to even talk with him let alone rendering any help to him in any manner!

As if this was not enough, the huge burden of fighting his cases fell on his mother alone, who negotiated the uncharted and masculine worlds of courts, jails and lawyers chamber for another 11 years. She started attending court proceedings and carried messages she hardly understood to lawyers and had to remain standing for many hours in court rooms. This took a heavy toll on her health and her mother became bed ridden! Still after being released he took care of his mother in her last days and thanked Allah for it and not once did he raise anti-India slogans nor ever decried India whom he still feels proud of and calls himself an Indian first, always and every time!

What an unbeatable irony that no Judge asked him about the torture nor did the concerned doctors record his torture wounds! He was acquitted in one terror case only to face another terror charge! Imagine a person being acquitted in 18 cases of terror charges! This speaks for itself and is more than enough to lay bare the deep conspiracy hatched against him by men in uniform!

May it be added here that Mohammad Amir Khan was charged in 20 cases for terror crimes and waging war against the nation. He was accused of masterminding 17 low-intensity bomb blasts that occurred in Delhi and neighbouring states between December 1996 and December 1997. A Delhi High Court judgment lambasted while overturning his conviction in one of the cases that, “The prosecution has miserably failed to adduce any evidence to connect the accused appellant with the charges framed, much less prove them.” What more should I say?

With due respect to NHRC, let me voice my personal view that Rs 5 lakh is just nothing! He deserves Rs 5 crore at least and also all those who framed “false terror charges” against him must be arrested, prosecuted and imprisoned without pay and they must also be ordered to pay huge compensation to Mohammad Amir Khan for ruining his entire life! I hope that the amount of Rs 5 lakh will be raised to Rs 5 crore. However, what is of supreme importance is that under no circumstances should they who implicated him falsely in terror cases should ever be allowed to go scot free! No case has shaken me so much in my entire life till now as his after I read about it! It is beyond the capacity of my pen to express in words the boundless courage which he summoned in facing so many harrowing experiences and still reaffirming his hundred percent love for India whom he still proudly calls his motherland! Every Indian must learn something from him!

When Centre can spend crores and crores of rupees on various expenses like security, staying and lodging expenses, visiting foreign countries of Hurriyat leaders who openly rant against India from every possible platform as was brought out by eminent lawyer ML Sharma in his PIL which though was rejected but not before Justice Anil R Dave openly nodded and acknowledged that this irked them also and lamented that, “We also share the same feeling…everybody sitting here feels the same” then why can’t it pay a few crores to Mohammad Amir Khan who has lost his prime age in prison bearing third degree torture for a crime which he never committed and most importantly saw his parents suffering endlessly in front of his own eyes and saw them dying in sorrow for no fault of theirs? It is the bounden duty of Centre to admit the worst suffering wrongly faced by Mohammad Amir Khan and do everything best possible to mitigate the terrible suffering he had to bear through in his prime age for no fault of his by compensating him adequately which he is entitled also legally!

Finally, on a concluding note let me say that his unflinching faith in Indian judiciary and undying optimism and love for his motherland is most touching and that too after suffering so much that cannot be described in words! Every Indian must learn something from him and especially those who raise anti-India slogans and burn Indian flags at the drop of a hat must learn something from him who inspite of losing his whole youth in jail and losing his parents so unjustly still feels proud to be called an Indian! I salute him from the innermost core of my heart! For me he is the biggest national icon whom I have ever known in my entire life till now! He is the real national hero and real national icon at least for me! He lost his parents, his prime age in prison yet he swears by India and not by Pakistan and still loves to be called an Indian! Indian politicians also who spare no opportunity to criticise our Army and Judiciary must also imbibe some invaluable lessons from his real life which he led bravely even after facing so much of upheavals and stop criticising our Army and Judiciary on one pretext or the other which only makes Pakistan very happy!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Lawyers Of West UP Are Compelled To Strike Repeatedly

What will the lawyers of West UP do on September 11? Strike. What will the lawyers of West UP do on September 12? Strike. What will the lawyers of West UP do on September 13? Strike. What will the lawyers of West UP do on September 14? Strike. In addition there has been no work earlier also in courts of West UP on 7 and 8 September!

The law and order situation in West UP has been in shambles since last many decades but in last few years it has been worst with criminals gunning down even lawyers and police cops. Leave alone women or common man even the lawyers themselves are not safe in West UP. Time and again we hear some lawyer or the other being shot dead in broad daylight most brutally by criminals without any fear of law whatsoever. The Bar Council of UP too had called for strike as protest against killings but what really UP needs is more benches and more Judges in high courts which is truly missing!

But see the unpalatable irony! Politicians are not prepared to create even a single bench anywhere in UP leave alone West UP even though they are ready to create many temples which is visited only by Hindus and here too they have to also go all the way to Allahabad to attend court hearing as there is no bench in West UP! It is a matter of great shame that Allahabad High Court which last year on March 17had completed its 150th year of establishment has the least benches in India – only one at Lucknow and that too just about 150-200 km away from Allahabad! Why no high court bench in West UP at Meerut or Agra or at Jhansi or some other place?

We all know that Allahabad High Court is the biggest court in whole of Asia and also the oldest court! Still why it has least benches in India only one which is so close to Allahabad created way back in 1948 at Lucknow by Nehruji but see the most dangerous irony that 70 years later with 2018 fast approaching no steps are being taken to create a high court bench anywhere else in UP leave alone West UP even though the 230th report of Law Commission very specifically recommended for the same in big states? Why Dr Manmohan Singh had the guts to create 2 more high court benches for just 4 and 8 districts in Dharwad and Gulbarga in Karnataka but neither he nor any other PM nor the present PM – Narendra Damodardas Modi has the guts to create even more bench not just in West UP but in any hook and corner of UP except the one created by Nehruji in Lucknow way back in 1948?

Why maximum crime, maximum riots, maximum killings all take place in West UP but still no high court bench? Why a lawless state like UP whom former UN Secretary General Ban ki Moon slammed as “the rape and crime capital of India” has least high court benches in India and West UP which owes for more than 57% of the pending cases as acknowledged by Justice Jaswant Singh Commission has not even a single high court bench? Why Karnataka which has less than 7 crore population, less than 2 lakh cases pending has three high court benches but UP which has not 2 lakh or 3 lakh or 4 lakh or 5 lakh or 6 lakh or 7 lakh or 8 lakh or 9 lakh but more than 10 lakh cases pending in high courts and more than 50 lakhs in lower courts which is the highest in India and has more than 22 crore population has least high court benches in India and more than half of the vacancies of Judges in high court are lying vacant? Why this step-motherly treatment for UP which sends maximum MPs to Parliament and West UP in particular?

Why when UP which is among the largest States, has maximum population – more than 22 crore as CM Yogi Adityanath keeps pointing out proudly every now and then, maximum districts – 75, maximum constituencies, maximum MPs – 80, maximum MLAs – 404, maximum PM including Narendra Modi, maximum pending cases – more than 10 lakh and here too West UP accounts for more than half of pending cases as noted by Justice Jaswant Commission about 57%, maximum Judges which earlier was 160 and increased to 200 in high court, maximum vacancies of Judges – 75 in high court, maximum poverty, maximum villages more than one lakh as opposed to other states who have not more than few thousands at the most, maximum cities more than 700, maximum fake encounters killings, custody killings, custodial tortures, maximum dowry cases, maximum rape and gang rape cases, maximum acid throwing cases, maximum bride burning cases, maximum cases of human rights violations, maximum undertrials, maximum cases of crime, loot, arson and riots and here too West UP tops with Saharanpur riots, Meerut riots, Muzaffarnagar riots tarnishing our international reputation to the extent that former UN Secretary General Ban ki Moon termed UP as “crime and rape capital” of India and what not yet Centre is not prepared to create even a single bench for not just West UP but entire UP? Why when UP sends maximum MPs to Lok Sabha – 80, maximum MPs to Rajya Sabha – 30, maximum MLAs to State Assembly – 404 MLAs and maximum members to State Legislative Council – 100 MLAs and yet has least benches – only one and that too just 150 km away from Allahabad at Lucknow?

This alone explains why the lawyers of West UP have been demanding a high court bench here since ages! Lawyers in West UP are not safe even from policemen. A lawyer Suresh Raj was brutally thrashed by cops in Greater Noida some time back. Still no FIR was lodged against the erring cops. To protest this, the lawyers of West UP will be on strike fromSeptember 11 to 14 and this may extend even further if still no action is taken. It is most hurting to see that lawyers of West UP are compelled to go on strike again and again! But it seems no one is caring!

In 2001, the lawyers of West UP went on strike thus becoming non-practising lawyers not for 6 days or 6 weeks but for full 6 months consecutively demanding high court bench but again they got nothing but only empty assurances! This has happened many times in the past also! Lawyers of West UP have been regularly striking work every Saturdaysince May 1981 demanding the creation of a high court bench in West UP! They protested that Justice Jaswant Singh Commission headed by Justice Jaswant Singh who was a former Supreme Court Judge had recommended the creation of 3 benches in West UP but not a single bench created till now even though benches were created for Aurangabad in Maharashtra, Madurai in Tamil Nadu and Jalpaiguri in West Bengal! We saw how in June newspapers were flooded with breaking news that Brijesh Pathak who is the Law Minister of Uttar Pradesh had firmly reiterated that, “Western Uttar Pradesh will soon have a high court bench. We will discuss the details soon and inform you.” But three months later we are still seeing no action on the ground!

Why even though it was way back in 1955 that Dr Sampoornanand who was the then UP CM had recommended a high court bench at Meerut but Centre refused even though it was approved for Lucknow? Why inspite of recommendations from so many other UP CM – 17 as the President of Meerut Bar – Rohitashawa Kumar Aggarwal disclosed about an year back did we see no high court bench coming up in any of the 26 districts of West UP and when Uttarakhand was also part of West UP and UP about 40 districts? Why there are so many other capitals like Bhopal, Dehradun, Bhubaneshwar, Thiruvananthapuram etc where there is neither high court nor bench but Lucknow inspite of being so close to Allahabad was selected for bench leaving the hilly areas of Uttarakhand and West UP high and dry?

Why inspite of BJP leaders being killed most ruthlessly in West UP as happened recently still Centre is taking no steps to create a high court bench in West UP? Why Nehruji had the great guts to set up a high court bench in Lucknow just about 200 km away from Allahabad where high court is located and that too 70 years ago in 1948 and so also Dr Manmohan Singh had the guts to set up 2 more benches for Karnataka which already had a bench at Hubli but no Prime Minister till date with 2018 about to start has summoned the courage to set up not a single more bench in UP leave alone West UP or in Bihar which is another lawless state and which has not even a single high court bench?

Why are lawyers of West UP forced to become non-practising lawyers by going on strike again and again sometimes for 3 months or 6 months or for many weeks or for few days as they will do now on 11, 12, 13 and 14 September, 2017 and everySaturday since 1981 and even many times on Wednesday? Why lawyers including senior lawyers are compelled to block highways, lie down in front of a train and indulge in different form of protest on roads and highways instead of practicing quietly since last many decades and even go on padyatra demanding bench? Why this has just no effect on Centre? Why even Atal Bihari Vajpayee raised the demand of a high court bench in West UP inside Parliament way back in 1986?

Misbauddin Siddiqui who is the President of the Meerut District Bar Association lamented, “The problem is that the Allahabad High Court has the highest number of pending cases. The pressure is huge. Allahabad is very far from Western UP. It is around 800 km from Saharanpur. Eight other high courts are closer to Western UP, and interestingly Lahore High Court in Pakistan is closer than Allahabad High Court. The cost of travelling to Allahabad, and then staying there is huge for poor people. That is why we have been demanding a high court bench. Successive governments have denied us this. Now, we are hopeful as there is the same party in both the Centre and state and the law minister has given us an assurance.” But after nearly six months we still see no signs of any action in creating a bench in West UP! All we see is strike, strike and nothing but strike and no work in the courts of the 26 districts of West UP!

Why the newly appointed Chief Justice of Allahabad High Court Justice Dilip Babasaheb Bhonsle rightly lashed out at the law and order situation in UP and said that in Maharashtra women or girl venture out in night anywhere yet never such incidents of gang rape occur? Yet why Maharashtra has 3 benches and UP only one and West UP none? Why Rajnath Singh who is Union Home Minister while addressing public gathering in Patiyali constituency of Kasarganj district is on record stating in February 2017 that UP reported 7,673 riots, 4660 murder, 4096 robberies and 260 dacoities in just one year yet it has least benches in India and West UP has none where maximum crime incidents are reported?

Why West UP has an area of 98,933 square km which accounts for 33.61 percent of total area of UP and yet no bench but Lucknow in Central region has just 62,363 square km and yet it has a bench? Centre has all the power to create a high court bench in West UP without any recommendation from the state government as the former Attorney General Soli J Sorabjee had rightly said way back in 2001 when he was asked about it. He had rightly said that, “The Centre without any recommendation from the State Chief Minister or Chief Justice of a State is fully empowered under our Constitution to set up a high court bench anywhere it wants at its own volition.” Why Centre ignores blithely what the Chairman of Supreme Court Bar Association Krishna Mani had said quite explicitly that, “Only by the creation of a bench of high court in West UP will the people be able to secure speedy and cheap justice at their doorsteps!” You see for yourself the distance from Allahabad to all major districts of West UP and they are as follows: –

District Distance

Meerut 737 km

Muzzaffarnagar 793 km

Saharanpur 752 km

Ghaziabad 707 km

Bijnore 792 km

Gautambuddhnagar 750 km

Bulandshahr 737 km

Hathras 750 km

Rampur 733 km

Moradabad 762 km

Aligarh 701 km

Mathura 601 km

Agra 564 km

Etah 597 km

Mainpuri 562 km

Shamli 720 km

Hapur 700 km

Sambhal 650 km

Amroha 792 km

Still should a high court bench not be created in West UP? Even former Law Minister Kapil Sibal had recommended creation of a bench as former Union Minister RPN Singh pointed out but the then UP CM Akhilesh Yadav didn’t agree! No Prime Minister in principle has ever opposed the demand for a bench in West UP still we see no bench coming up!

How many points should I write to drive home my billion dollar point that creation of a high court bench in West Up is the crying need of the hour? I can keep going on endlessly as to why West UP must have a high court bench and UP also more benches but what is most shocking is that not a single bench is coming up anywhere in UP even though now both UP and Centre is being ruled by same party – BJP as PM Modi still is no mood to relent! UP CM Yogi Adityanath himself raised the demand for a bench inside Parliament a long time back in 1998-99 but now even he feels helpless as Centre is not relenting! Why? Why Rajinder Aggarwal who is BJP MP from Meerut demanded the setting up of 3 benches in UP at Meerut, Agra and Gorakhpur right inside Parliament and Satyapal Malik another BJP MP who was recently made Union Minister too demanded the setting up of 5 more benches in UP at Meerut, Agra, Jhansi, Gorakhpur and Varanasi but Centre is not prepared to set up even one bench anywhere in UP? Why this senseless stubbornness in denying even a single bench to West UP and UP? This nation wants to know why? When a high court bench can be set up for Andaman and Nicobar Islands at Port Blair for just 3 lakh people residing there and high court for small states like Sikkim, Tripura, Meghalaya and Manipur among others where the population is just few lakhs and cases pending don’t exceed few thousand or even hundred as in Sikkim then why not for more than 9 crore people residing in 26 districts in West UP who are wrongly compelled to travel about 700-800 km on an average as there is no bench in West UP?

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Why Lawyers Of West UP Keep Striking Again And Again?

Coming straight to the nub of the matter, let me begin on a disconcerting note by observing that it is most astonishing that why lawyers of West UP have been regularly going on strike to protest against the non-creation of a high court Bench in West UP since last many decades but no one in the ruling establishment seems to be doing anything to address it. Leave alone women or common man even the lawyers themselves are not safe in West UP. Time and again we hear some lawyer or the other being shot dead in broad daylight most brutally by criminals without any fear of law whatsoever.

But see the unpalatable irony! Politicians are not prepared to create even a single bench anywhere in UP leave alone West UP! It is a matter of great shame that Allahabad High Court which last year on March 17 had completed its 150th year of establishment has the least benches in India – only one at Lucknow and that too just about 150-200 km away from Allahabad! Why no high court bench in West UP at Meerut or Agra or at Jhansi or some other place? We all know that Allahabad High Court is the biggest court in whole of Asia and also the oldest court! Still why it has least benches in India only one which is so close to Allahabad created way back in 1948 but see the most dangerous irony that 70 years later with 2018 fast approaching no steps are being taken to create a high court bench anywhere else in UP leave alone West UP even though the 230th report of Law Commission very specifically recommended for the same in big states? Why Dr Manmohan Singh had the guts to create 2 more high court benches for just 4 and 8 districts in Dharwad and Gulbarga in Karnataka but neither he nor any other PM nor the present PM – Narendra Damodardas Modi has the guts to create even more bench not just in West UP but in any hook and corner of UP except the one created by Jawaharlal Nehru in Lucknow way back in 1948?

As if this is not enough, now lawyers in West UP are not safe even from policemen. A lawyer Suresh Raj was brutally thrashed by cops in Greater Noida some time back. Still no FIR was lodged against the erring cops. To protest this, the lawyers of West UP will be on strike from September 11 to September 14 and this may extend even further if still no action is taken. It is most hurting to see that lawyers of West UP are compelled to go on strike again and again! But it seems no one is caring!

Why can’t a high court bench be set up in West UP even 70 years after independence in 2018 even though a high court bench was set up for Lucknow for just about 8 districts way back in 1948 onJuly 1? Why lawyers of West UP are compelled to go on strike every Saturday since May 1981 to protest against the step-motherly treatment meted out to West UP by denying them even a single high court bench even though Justice Jaswant Singh Commission headed by former Supreme Court Judge Justice Jaswant Singh had very strongly recommended creation of 3 high court benches in West UP and hilly areas adjoining West UP which have now been carved out as a separate state Uttarakhand as the people had to travel thousands of kilometers just to attend a single court hearing in Allahabad high court? Why benches were set up in other states like at Aurangabad in Maharashtra which already had two benches, Madurai in Tamil Nadu and Jalpaiguri in West Bengal but not in West UP?

Why maximum crime, maximum riots, maximum killings all take place in West UP but still no high court bench? Why a lawless state like UP whom former UN Secretary General Ban ki Moon slammed as “the rape and crime capital of India” has least high court benches in India and West UP which owes for more than 57% of the pending cases as acknowledged by Justice Jaswant Singh Commission has not even a single high court bench? Why Karnataka which has less than 7 crore population, less than 2 lakh cases pending has three high court benches but UP which has not 2 lakh or 3 lakh or 4 lakh or 5 lakh or 6 lakh or 7 lakh or 8 lakh or 9 lakh but more than 10 lakh cases pending which is the highest in India and has more than 22 crore population has least high court benches in India and more than half of the vacancies of Judges in high court are lying vacant? Why this step-motherly treatment for UP which sends maximum MPs to Parliament and West UP in particular?

Why lawyers of West UP are compelled to go on strike for 6 months in a row as they did in 2001 and for 3 months as they did in 2014-15 and many times go for weeks together demanding a high court bench in West UP? Is it just for fun? Why Centre is doing nothing to address it even though time and again Centre keeps assuring just like Rajnath Singh as also the Law Minister of UP had assured few months back that West UP will soon have a high court bench?Eminent and senior Supreme Court lawyer and former Law Minister Kapil Sibal himself had mentioned as disclosed by another former UPA Union Minister RPN Singh that Kapil Sibal had recommended a high court bench at Meerut but the then state government led by Akhilesh Yadav refused to endorse it!

Why even though it was way back in 1955 that Dr Sampoornanand who was the then UP CM had recommended a high court bench at Meerut but Centre refused even though it was approved for Lucknow? Why inspite of recommendations from so many other UP CM – 17 as the President of Meerut Bar Rohitashawa Aggarwal disclosed about an year back did we see no high court bench coming up in any of the 26 districts of West UP and when Uttarakhand was also part of West UP and UP about 40 districts? Why there are so many other capitals like Bhopal, Dehradun, Bhubaneshwar, Thiruvananthapuram etc where there is neither high court nor bench but Lucknow inspite of being so close to Allahabad was selected for bench leaving the hilly areas of Uttarakhand and West UP high and dry?

Why are lawyers of West UP forced to become non-practising lawyers by going on strike again and again sometimes for 3 months or 6 months or for many weeks or for few days as they will do now on 11, 12, 13 and 14 September, 2017 and everySaturday since 1981 and even many times on Wednesday? Why lawyers are compelled to block highways, lie down in front of a train and indulge in different form of protest instead of practicing quietly since last many decades and even go on padyatra demanding bench? Why this has just no effect on Centre? Why even Atal Bihari Vajpayee raised the demand of a high court bench in West UP inside Parliament way back in 1986?

Why Centre takes no time to set up 2 more high court benches at Karnataka which is a relatively very peaceful state as compared to UP in Dharwad and Gulbarga for just 4 and 8 districts but has just no time to set up even a single bench for 26 districts of West UP who have been agitating ever since my father was a small baby? Why the 230th report of Law Commission which recommended the creation of more benches has been implemented only in Karnataka alone? Why people of West UP are compelled to travel more than 700 km on an average all the way to Allahabad as there is no high court bench here even though the population of West UP is more than 9 crore?

Misbauddin Siddiqui, President of the Meerut District Bar Association said, “The problem is that the Allahabad High Court has the highest number of pending cases. The pressure is huge. Allahabad is very far from Western UP. It is around 800 km from Saharanpur. Eight other high courts are closer to Western UP, and interestingly Lahore High Court in Pakistan is closer than Allahabad High Court. The cost of travelling to Allahabad, and then staying there is huge for poor people. That is why we have been demanding a high court bench. Successive governments have denied us this. Now, we are hopeful as there is the same party in both the Centre and state and the law minister has given us an assurance.” But after nearly six months we still see no signs of any action in creating a bench in West UP!

I can keep going on endlessly as to why West UP must have a high court bench and UP also more benches but what is most shocking is that not a single bench is coming up anywhere in UP even though now both UP and Centre is being ruled by same party – BJP! UP CM Yogi Adityanath himself raised the demand for a bench inside Parliament a long time back in 1998-99 but now even he feels helpless as Centre is not relenting! Why Rajinder Aggarwal who is BJP MP from Meerut demanded the setting up of 3 benches in UP at Meerut, Agra and Gorakhpur right inside Parliament and Satpal Malik another BJP MP recently made Union Minister too demanded the setting up of 5 more benches in UP at Meerut, Agra, Jhansi, Gorakhpur and Varanasi but Centre is not prepared to set up even one bench anywhere in UP? Why this senseless stubbornness? This nation wants to know why?

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Month: September 2017

THE MAIN ISSUES OF PSYCHOLOGY AND PEDAGOGY

1.569 (2015)

Demandas para a educação a distância no Brasil no século XXI

0.88

ICJ Snubs Pakistan And Stays Kulbhushan Jadhav’s Execution

Lawyers of West UP Are Very Happy With Rajnath’s Assurances

UP Must Have At Least 10 High Court Benches

President From West UP Still No High Court Bench Here

Those Misbehaving With Speaker Must Be Permanently Barred

New Mental Health Care Bill Decrimialising Attempt To Suicide Is Truly Historic From All Angles

Patna HC Upholds Life Term For Mohammad Shahabuddin

Why Can’t West UP Have A High Court Bench?

Book Publication Offer from Reputed Academic Book Publisher

Why Politicians Don’t Care For Human Rights Of Our Soldiers?

NHRC To Govt: Give Rs 5 Lakh Relief To Mohammed Amir Khan Acquitted Of Terror Charges

Lawyers Of West UP Are Compelled To Strike Repeatedly

Why Lawyers Of West UP Keep Striking Again And Again?

1.569 (2015)

Rate this:

0.88

Rate this:

Rate this:

Rate this:

Rate this:

Rate this:

Rate this:

Rate this:

Rate this:

Rate this:

Rate this:

Rate this:

Rate this:

Rate this:

Rate this: