Day: December 6, 2017

Can Convicted Politicians Head Political Parties?

It must be said at the very beginning that there can be no two opinions about the indisputable fact that in India a lot of cleaning is required in political parties because politics has become quite a murky affairs as anyone can not just enter politics but even head political parties inspite of being convicted. It is also unquestionable that political parties are most reluctant to do anything on this score and let us not live in a fools paradise by hoping that their stand would change somehow in the coming years. So, it needs no rocket scientist to conclude that Supreme Court must step in and bar convicted politicians or even politicians who have serious criminal charges against them from heading any political party or from even being a member of it.
                                        While craving for the exclusive indulgence of my esteemed readers, let me also inform them that the Supreme Court on December 1, 2017 sought the responses from the Centre and the Election Commission on a plea seeking to restrain convicted persons from forming political parties and becoming their office-bearers for the period they are disqualified under the election law. Can convicted politicians who incur disqualification to run for elections, head political parties? This question will now be dealt by the Supreme Court after a public interest litigation (PIL) suggested that political parties headed by convicted persons should be derecognized by the Election Commission.
                                             For my esteemed readers exclusive indulgence, let me also inform them that a Bench of Apex Court comprising of Chief Justice of India (CJI) Dipak Misra, Justices AM Khanwilkar and DY Chandrachud sought the response of the Centre and Election Commission in this regard.  This Bench headed by CJI Dipak Misra while asking whether the court could stop a person from propagating his political views, agreed to examine the Constitutional validity of Section 29A of the 1951 Representation of the People Act (RPA) which deals with the power of the poll panel to register a political party. The Court clarified that it was only dealing with the question whether the power of Election Commission to recognize political parties under Section 29A of the Representation of Peoples Act 1951 will also carry with it the power to derecognise such political outfits headed by convicted netas.  
                                                Needless to say, if an order is passed banning convicted netas, it is bound to take within its fold the Rashtriya Janata Dal (RJD) whose chief Lalu Prasad is a convicted person and he will be worst affected by it. The fate of another important leader Sasikala, who claims to be the political heir to Jayalalithaa and who would have become Chief Minister if she was not convicted for corruption in a disproportionate assets case will also hinge on the outcome of this petition as she is presently in jail. Without getting personal, let me mince no words in stating unequivocally and unambiguously that all convicted politicians must be barred entirely not just from heading parties but also from being associated with politics in any manner as they are just not fit for it.
                                      Let me be upfront in saying: The real problem in India is that there are no parameters for politicians. Are politicians coming from some different planet? If not then why are they treated with kidgloves?
                                 Let me also be upfront in saying: Even for getting a very small job one has to be a minimum graduate nowadays but for becoming an MP or MLA or for heading a political party there is no such minimum educational qualification which is a huge mockery and an open travesty of justice which must be set right without forwarding any excuse of any kind! Why there is a proper police verification for getting any job no matter how small it may be but for becoming an MP or MLA, you can like Phoolan Devi indulge in mass murders or any other crime and yet no one can stop you from taking oath not just as an MP or MLA but also as Ministers and slam the charges as “politically motivated”! Why any person cannot vote from jail but contest elections from jail? Why are those who are in jail allowed to contest from jail?
                                          It is also worth asking: For how long will our democratic system be held hostage to such criminals and for how long will they be given a long rope? Why only politicians alone for whom the standards of recruitment must be comparatively much higher than other professions because they have a share in every pie and exercise untrammelled power in every field are given relaxations everywhere and are allowed to hold the entire system to hostage and make an open mockery of our democratic system? Why can’t politicians be also made accountable like others? Why politicians like Vijay Mallya who is a former Rajya Sabha MP are allowed to take huge loan of more than Rs 9000 crore and then allowed to flee India and enjoy luxurious live in London in UK with that money which is taxpayers hard earned money? Why special treatment for them alone?
                                               Be it noted, senior advocate Siddharth Luthra who is appearing for the petitioner Ashwini Kumar Upadhyay submitted that convicted politicians are barred from contesting elections but they indirectly call the shots by heading a political party and hold posts in them. He said rightly that if a person on conviction in a criminal case was barred from contesting elections, it would be incongruent to allow such person to form or head a political outfit. The plea said convicted politicians, who are barred from contesting elections, can still run political parties and hold posts in them, besides deciding as to who will become a lawmaker.
                                      Not stopping here, the plea has sought a ban on convicted persons from forming a political party and becoming office bearers for the period they are disqualified under the election laws. It has sought a direction to declare Section 29A of the Representation of the Peoples Act 1951 as “arbitrary, irrational and ultra-vires” to the Constitution and to authorize the poll panel to register and de-register political parties.
                                               Why should convicted netas have a say in deciding as to who should become a law maker? Why should they not be barred from heading political parties also? Why no action till now in this regard?
                                  Truth be told, the PIL sought framing of guidelines to decriminalize the electoral system and ensure inner-party democracy as proposed by the National Commission to Review the Working of the Constitution (NCRWC). The petition very rightly said that currently, even a person who has been convicted for heinous crimes like murder, rape, smuggling, money laundering, loot, sedition, or dacoity, can form a political party and become its president or office bearers. The petition named several top political leaders who have been convicted or have charges framed against them and were holding top political posts and “wielding political power”.
                                     Going forward, it said the proliferation of political parties has become a major concern as Section 29A of the Representation of the People Act, 1951, allows a small group of people to form a political party by making a very simple declaration. “Presently about 20 percent of registered political parties contest election and remaining 80 percent parties create excessive load on electoral system and public money,” the plea said and rightly sought the implementation of the 1990 Goswami Committee on electoral reforms. The plea also claimed that in 2004, the poll panel had proposed amendment to Section 29A, authorizing it to issue apt orders regulating the registration or de-registration of political parties.
                                            It is noteworthy that senior lawyers Siddharth Luthra and Sajan Poovayya informed the Bench that under the statutory schemes, the poll panel was empowered to register political parties but it lacked the authority under the Representation of the Peoples Act 1951 to deregister them. But the Bench while not giving a final order on this and fixing the plea for hearing after six weeks hastened to ask that, “Can a court restrain a convicted person from forming a political party? Can you stop a man from propagating his political views? It would be against the freedom of speech and expression to debar a convicted person from propagating political views through a party”.
                                    With due respect to Supreme Court, I would like to ask: Why are candidates barred from any government job if even their name is falsely dragged in by their rivals? Why only politicians alone are given the long rope? Why is it conveniently ignored that it is politicians who are running this country and therefore there must be highest standards for them in all respects otherwise we will continue seeing MPs and MLAs bunking session even when important Bills are being presented and not just this but also throwing papers on Speaker and using filthy language in court and resorting to all sorts of uncivilized acts?
                                       Why can’t they also be treated like others? Why recognition of political parties is not cancelled when their supporters indulge in wanton violence and destruction of public and private property and why are they not compelled to pay for all the damage inflicted by them or their supporters with their active blessings? Why even after raping and killing are they shown undue leniency but applicants for all government jobs are not shown any such kind of leniency?
                                           Which job can be bigger and more prestigious than that of politicians who become MPs, MLAs, Ministers, Chief Ministers and even Prime Minister? Still why no strict parameters for them? It is high time and this must change now. The earlier this is done, the better it shall be for the healthy functioning of our democratic system because it is politicians and politicians alone who are the bedrock of democracy and exercise control in every sphere in our country! Can anyone dispute this also?
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.   

Karnataka Assembly Passes Anti-Superstition Bill

To begin with, it must be appreciated that the ruling Congress Government in poll bound Karnataka has finally on November 16, 2017 got the controversial “Anti-Superstition Bill” passed unanimously in the ongoing winter session of the Karnataka State Assembly to eradicate evil practices with some minor amendments. It is largely based on the Maharashtra model. The much-delayed, much-hyped and hotly debated “Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Bill, 2017” which is popularly known as the “Anti-Superstition Bill has finally been passed by the State Assembly by a voice vote.  
                                      It may be recalled here that this Anti-Superstition Bill was earlier cleared by the Karnataka Cabinet on September 27. The Bill has exempted stamping of mudras on the body which is a practice in the upper caste community (Madhwa Brahmins), but advertisements that offer miracle cures for diseases have been banned. The Bill bans “Vashikarna” which is an occult practice of subjugation and also bans performing Vashikarana or advertising about it.
                                 Truly speaking, a Cabinet meeting which was presided over by Karnataka CM Siddaramaiah cleared the Bill to protect people against evil and sinister practices and to combat and eradicate inhuman, evil and sinister practices propagated/performed in the name of the “supernatural” or “black magic”. Law and Parliamentary Affairs Minister TB Jayachandra told the media after the Cabinet meeting that the Bill proposes to ban ‘made snana’, which is practiced at Kukke Subrahmanya temple in Dakshina Kannada district in violation of human dignity.     
                                  Be it noted, Janata Dal (S) President HD Kumaraswamy requested that the Government ban the practice of conducting poojas in Government offices. He has a valid point. This will certainly minimize superstition to some extent and this is exactly what is the basic aim of the Anti-Superstition Bill that has been passed recently.
                                    While craving for the exclusive indulgence of my esteemed readers, let me inform them that performing any black magic, inhumane act and evil practices in search of treasure or bounty, tantric acts which include physical and sexual assault will be banned as per the Bill. Rituals of exorcism, assaulting people under the pretext of exorcism, misinformation and creating a panic-like situation under the pretext of ghosts and black magic comes under the purview of the Bill. Very rightly so!  
                        It also gives me immense satisfaction to note that not everything is banned under this Anti-Superstition Bill. Any form of worship including pradakshine, yatra, parikrama at any religious shrines, harikatha, keerthana, pravachana, bhajans do not come under the purview of the Bill. It is also noteworthy that providing knowledge of ancient arts and practices, speaking about miracles performed by deceased saints and literature on them offering prayers, upasana, religious rituals at places of worship or at people’s homes, religious celebrations, festivals, processions, piercing of ears and nose, shaving of head, astrology and vaastu are considered acceptable under the Bill.
                                For my esteemed readers exclusive indulgence, let me also inform them that among other things, it seeks to ban the controversial ‘made snana’ ritual (where devotees roll over plantain leaves with leftover food) in public/religious places. It primarily seeks to protect people against evil and sinister practices and combat inhuman and sinister practices propagated/performed in the name of “supernatural” or “black magic”. In all, 16 practices  are banned under the legislation.   
                                      It needs no rocket scientist to conclude that organizing macabre and bizarre rituals, offering magical cures which is just not practically possible and threatening people with dire consequences as for instance incurring the peril of divine or supernatural displeasure are also covered by this law. It is very sad to note that some people are condemning it without even understanding it properly or knowing even the ABC of this highly commendable law which deserves to be implemented not just in Karnataka but all over the country as a whole. We all know how people are made fool by many of those who have made it their open loot in the name of God. So I am very happy to note that Karnataka Government has made some commendable effort to check this which has to be lauded without any “ifs” and “buts”.        
                                         It also must be appreciated that this Anti-Superstition Bill of Karnataka has tried to draw a distinction between religious traditions and superstitious practices. It has borrowed some features from Maharashtra’s law also against black magic and other evil practices. Those who term this Anti-Superstition Bill of Karnataka as violating the right to practice and propagate one’s religion under Article 25 of the Constitution are way off the mark because certainly reasonable restrictions can be placed on the right to practice and propagate one’s religion which under no circumstances can be “unfettered and unlimited”.   
                                      Truth be told, we all keep seeing for ourselves so many times reports of most bizarre rituals being carried out openly right under the nose of the administration without facing any restrictions whatsoever. It must be reiterated that among the rituals, this Anti Superstition Bill outlaws explicitly the ‘urulu seve’ which is also known as ‘made snana’, in which devotees roll over food leftovers, the irrational practice of walking on fire, branding children and piercing one’s tongue or cheeks, human sacrifices, pelting stones in the name of sorcery (banamathi, mata-mantra), claiming to perform surgery with fingers, or claiming to change the sex of foetus in the womb and worst of all, ‘betthale seve’, where women are paraded naked as also sexual exploitation by invoking supernatural powers. This is most shocking!
                             What is wrong in outlawing such not just irrational practices but also dangerous and harmful practices by which those practicing it are harming themselves the most as also their very own children whom they profess to love the most yet foolishly indulge in such bizarre practices which should have no place in any civilized society under any circumstances whatsoever as they are completely inhuman and most exploitative carried out by those who exploit innocent and illiterate people for their own petty vested interests? In other words, no time should be wasted by all states in emulating Karnataka’s worthy Anti-Superstition Bill so that millions of innocent people are saved from being duped, harmed and exploited in the worst possible manner! The earlier this is done, the better it shall be in the supreme interests of millions of ordinary people in the longer term who are very easily fooled by those running business in the name of superstition who must be jailed and penalized heavily so that it acts as a “potential deterrent” to refrain from indulging in such abhorrent practices!  
                              On a concluding note, Karnataka State Government certainly deserves all the applauds and appreciation for having dared to bring in such a commendable Anti-Superstition Bill at the risk of antagonizing many illiterate voters who believe blindly in all such superstitions but this alone is not enough. All States must emulate it and further make more improvements wherever possible! It must be followed by many awareness campaigns so that people are educated properly on this score. Unless this is done on a war footing and on a mammoth scale just a tough law alone won’t act as a potential deterrent and people will continue to be fooled by those “spineless crooks” who believe in running their own shops at the expense of ordinary people!   
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.

Poor People Will Gain Maximum From More High Court Benches

Let me start by wishing my countrymen the very best wishes on this day that is 26th November on which day our Constitution was prepared after years of relentless toil. This alone explains why 26th November is celebrated as “Law Day” and “Constitution Day”. Our Prime Minister Narendra Modi, President Ram Nath Kovind, Chief Justice of India Dipak Misra among others have very rightly expressed their best wishes on this auspicious day!
                                    It was rightly reiterated that the best tribute to our Constitution and its makers is to make justice more accessible to the poor. How better can it be done by setting up more high court benches especially in big states like UP, Rajasthan, Odisha, Madhya Pradesh, Bihar among other states ? This has been reiterated even by 230th report of Law Commission which recommended the setting up of more high court benches in states.
                                       But what an unbeatable irony that only one state that is Karnataka has stood to gain by it because after this report was submitted in 2009, it is only in Karnataka that two more high court benches were set up for just 4 and 8 districts at Dharwad and Gulbarga respectively in 2012 even though the number of pending cases in high court is less than 2 lakh in whole of Karnataka whereas in UP which tops the states list among pending cases has more than 10 lakh pending cases and the cases from West UP alone are more than half of the total pending cases that is 5 lakh still we see that there is just one high court bench in Lucknow which is just about 200 km away from Allahabad created way back in 1948 on July 1 and after that not a single bench was created in any part of the state!
                                      What is even worse is that Justice Jaswant Singh Commission headed by Justice Jaswant Singh who is a former Judge of the Supreme Court was appointed by Central Government of former PM late Mrs Indira Gandhi to recommend at which all places high court benches were needed most. It recommended 3 high court benches for UP at Agra which is in West UP, Nainital and Dehradun which are now both in Uttarakhand but then were in UP but not a single high court bench was allowed to be created in UP and the people of Uttarakhand were compelled to travel thousands of kilometers all the way to Allahabad to get justice for which they had to bear unbearable expenses and waste many days travelling all the way to Allahabad. The net result was they became very agitated in demanding a separate state for themselves and we saw how Centre which refused to set up even a single high court bench there was compelled to set up a high court in Nainital!
                              Let me be direct in asking: Why when on the recommendations of Justice Jaswant Singh Commission a high court bench was created in Auranagabad in Maharashtra, Jalpaiguri in West Bengal and Madurai in Tamil Nadu then why not a single bench for UP even though 3 benches were recommended for it? Why Centre allowed the people of Uttarakhand to become agitated by not setting up a single high court bench there? Why Centre cared the least also for West UP which alone accounts for more than 57% pending cases as was acknowledged by Justice Jaswant Commission itself due to which it recommended creation of high court bench here?
                                       Let me also be direct in asking: Why inspite of lawyers of West UP striking work every Saturday since May 1981 till now that is more than 36 years to protest West UP not being given a single high court bench here even though Justice Jaswant Singh Commission had recommended creation of 3 benches has Centre failed to create even a single more high court bench here? Why lawyers of West UP went on strike not for one month or two months but for more than 6 months in 2001 and for 3 months in 2014-15 and for one month in 2010 and many times strike even on Wednesdays yet Centre just kept assuring the lawyers of West UP that a high court bench would be set up soon was no bench created here?    
                                          Bluntly put: Why Andaman and Nicobar islands with just about 3 lakh population has high court bench at Port Blair but West UP with more than 9 crore population which is more than any other state except Bihar, Maharashtra and UP of which it is itself a part has not even a single high court bench? Why many other small states like Manipur, Meghalaya and Tripura having population of just 14 lakh, 18 lakh and 24 lakh has high court since last few years and bench since many decades but West UP with more than 9 crore population has not even a single high court bench? Why for just 88 lakh people of Uttarakhand was a high court itself approved in 2000 when it was given statehood but for more than 9 crore people of West UP not a single high court bench approved even 18 years later in 2018?
                                       Why the more than 9 crore people of West UP have been compelled to travel all the way to Allahabad about 700-800 km away to attend court hearings as no high court bench has been created here in any of the 26 districts of West UP who are all unitedly demanding the creation of a high court bench and lawyers of all these districts have even created Central Action Committee to pursue the legitimate demand for a high court bench here since 1981? Why Sampoornanand as CM had recommended a high court bench in Meerut  way back in 1955 but even in 2018 no bench has been created here? Why Mayawati as UP CM had recommended the creation of a West UP as a separate state to be named Harit Pradesh way back in 1995 but still not a bench created here?
                              Is this not a violation of Article 14 of Constitution which talks about equality? Why talk about just West UP alone? Even in Bundelkhand, Western part of Odisha and many other parts in different states we see that people have to suffer all types of inconveniences because their region has no high court bench! Why the 230th report of Law Commission was not implemented in all these needy places?
                                   It is futile to talk about speedy justice as long as more than 9 crore people of West UP are made to travel more than 800-900 km away all the way to Allahabad to get justice! This alone explains why former PM Atal Bihari Vajpayee as Leader of Oppositon had himself demanded the creation of a high court bench in West UP in 1986! One can understand that Vajpayee as PM could not create bench here because he didn’t had majority but what about Narendra Modi who enjoys brute majority not just in Centre but also in UP for which US President Donald Trump had even congratulated him especially? Yogi Adityanath as MP had raised demand for a bench for Gorakhpur which is his constituency in 1998 but 20 years later as UP CM he will celebrate 1 year of his completion in office but he is unable to create a sngle bench there leave alone West UP!      
                                   We see that maximum crime, maximum riots, maximum killings all take place in West UP still there is not even a single high court bench here! When a high court bench can be created in Lucknow in 1948 then why not a single bench in West UP 70 years later in 2018? Is this fair justice? Is this equality that both high court and a single bench are in Eastern UP at Allahabad and Lucknow so close to each other? If Lucknow is capital then so are Bhopal, Dehradun, Bhubaneshwar, Thiruvananthapuram not capitals? Then why no high court or bench in these places?  
                                         I fully appreciate the Lok Adalats and other steps like video conferencing to reduce the pending cases but they alone are simply not enough!  Government has just no other option but to set up more high court benches in all those places where needed. Former UN Secretary General Ban ki Moon had himself castigated the law and order situation in UP and slammed it as “rape and crime capital” of India yet Centre is not ready to  set up more high court benches here!
                                   Maximum MPs, maximum MLAs and maximum elected representatives are all from UP still it has just 1 high court bench whereas states like Maharashtra, Karnataka and Assam have 3 high court benches or more even though the law and order situation there is much better than in UP! Is this equality?  Why UP which has more than 22 crore population which is more than the population of many small countries put together as UP CM Yogi Adityananth keeps proudly proclaiming every now and then has just one high court bench and that too so close to Allahabad? Why not a single high court bench for another lawless state like Bihar? Why only few states are accorded 2 or 3 or 4 high court benches and not others?
                                          Are we doing justice with our Constitution by acting in such a partisan manner? Why people of West UP are compelled to travel whole night to Allahabad many times without reservation as it is difficult to get it done in a short time notice? Why can’t the more than 26 districts of west UP have its own high court bench so that people don’t have to waste so much of time travelling all the way to Allahabad? Why such a third rated treatment for West UP since last more than 70 years of independence? Why is it ignored that initially from 1866 to 1869 the high court itself was in West UP at Agra before being transferred to Allahabad? Still why can’t a bench be created in any of the 26 districts of West UP?
                               I unequivocally hail PM Modi’s many initiatives like awarding the district where the number of pending cases are reduced maximum in a given year but they in itself are just not sufficient to address the burgeoning Frankenstein monster of pending cases unless more high court benches are created in big states like UP especially in West UP! Just recently a 100 year old woman was raped in West UP in Meerut and what is worse is that to seek justice she too has no option but to travel all the way about more than 700 km away to Allahabad as there is not even a single bench of high court here! What sort of justice system is this? Bench so close at Lucknow but no bench in West UP or in Bundelkhand like in Jhansi nor in far off places like Gorakhpur which CM Yogi represents since many decades!    
                      A serious disease like cancer cannot be treated by just a band aid or strepsil. All other steps to address the huge pending cases are bound to fall flat unless and until more high court benches are created in big states like UP, Bihar, Rajasthan among others! But nothing just nothing is being done on this score and only one state that is Karnataka has stood to gain from the recommendations of 230th report of Law Commission which till 2012 had just one bench at Hubli! Why is Centre not taking any steps in this regard? Why more than 9 crore people of West UP are being rashly denied “cheap and speedy justice” since 1947 till 2017?  Why if Supreme Court in near future direct Centre to create more benches will it have the temerity to term it as “judicial activism”? With what face? Why can’t it take emergency steps well in time?
                                       Eminent senior lawyer and revered jurist Harish Salve very rightly points out that if Centre does its job properly then judiciary will never step in! It is inaction on the part of the Centre that compels Supreme Court to step in for which it is then wrongly accused of “judicial activism” as a junior minister in Law in Centre dared to indulge in! Why Nehru can dare to create a bench in Lucknow in 1948 but no PM till now can dare to create even a single bench anywhere else even though Justice Jaswant Commission recommended 3 more benches?
                                  Why inspite of Allahabad High Court completing more than 150 years and being the biggest court not just in India but in whole of Asia has least high court benches only one just nearby at Lucknow and not at any other place like Gorakhpur, Jhansi, Meerut or Agra or any other place? Why no step is being taken to correct this historic blunder? Why a firm determination to carry on with what Nehru did way back in 1947-48? Have things not changed since then? There are many more such compelling soul searching questions which demands answers but no one is ready to ever address them! Just ritually organizing “Law Day” or “Constitution day” will serve just no real purpose unless serious steps are taken like setting up more high court benches as recommended very rightly by 230th report of Law Commission! Hope good sense will prevail!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.   

NGT Pulls Up Delhi Govt As Air Begins To Worsen

Coming straight to the key issue, with the air in Delhi beginning to worsen once again, the National Green Tribunal (NGT) on December 4 has pulled up the Delhi government headed by Chief Minister Arvind Kejriwal for not filing a comprehensive action plan detailing ways to deal with the condition. It also questioned authorities on why they held the India-Sri Lanka cricket match at Delhi despite the bad air quality? Why could the match be not held at any other appropriate place?
                                             Needless to say, this is for the first time that a foreign country are playing with masks on their faces! Not just this, some Sri Lankan players complained of uneasiness and one even vomited! It is most disgusting to see that knowing fully well what Delhi is going through yet Delhi was approved for conducting matches and that too not domestic matches but international matches involving players of other countries like Sri Lanka! This should never have happened at the first place!  
                                          While craving for the exclusive indulgence of my esteemed readers, let me inform them that a Bench headed by NGT Chairperson Justice Swatanter Kumar directed the AAP government to file the action plan within the next 48 hours, even as the State government sought more time stating that both the Chief Secretary and the Environment Secretary had recently changed. But the Bench was very furious with the nonchalant approach of the Delhi government! It minced no words in making it clear what it wanted to convey to the Delhi government!
                                       For my esteemed readers exclusive indulgence, let me also inform them that the Bench lashed out in no uncertain terms saying that, “Where is your action plan? Why have you not submitted it? What can we do if you keep on changing everybody? It’s not our problem if people don’t want to stick to you. You keep on doing meetings but tell us a single action or step you have taken in the last four days to combat air pollution”. Delhi government must take this rap on the knuckles most seriously. This rap has come from none other than the NGT!
                                     To be sure, the Green Tribunal was further more irked by authorities for conducting the third Test between Sri Lanka and India on December 3, which was disrupted due to smog and Lankan players had complained of uneasiness. Why was the match not shifted to some place other than Delhi or cancelled? Why was the green signal given to the match at the first place?
                                     It merits no reiteration that the Bench also minced just no words in making it absolutely clear that, “Every newspaper has been carrying headline that the air pollution was going to be higher this week. Still you took no action. Even the players were playing the match wearing masks. You should have not held the match if the air quality was so bad. Are people of Delhi supposed to bear this?” The Tribunal also pulled up the Delhi government for not introducing odd-even car rationing scheme at this point of time when the air quality is severe!
                                  As it turned out, the AAP government was also pulled up for not introducing the odd-even vehicle rationing scheme at this point when the air quality is severe. It said that, “You want exemptions for two wheelers but you do not apply your mind that these 60 lakh vehicles cause the maximum pollution.” It also said that despite stating before the Tribunal that 4,000 buses would be introduced to decongest the city roads, the city government has not procured a single bus even after three years of assurance. This is really most shocking to learn!
                                         It is the bounden duty of the Delhi government to act promptly because Delhi is our national capital and all this is battering our international image which can never be good for the long term national interests in any manner! Even UN just recently expressed its utmost concern over the pollution level in Delhi. Action has to be taken on a war footing and there is just no other way out.
                                            It is a matter of grave concern that pollution levels in Delhi has worsened on December 4 as the air quality index inched towards ‘severe’. The air quality index was recorded at 390ug/m3 (of a maximum of 500) and was in the ‘very poor’ range. Pollution levels had been shooting up over the past few days because of low wind speed and high moisture levels. This is the most worrying aspect and yet we see little action being taken on the ground to check this. The ground situation in Delhi has become so worse that 1 in 7 traffic cops has lung trouble.
                                     It must be added here that the NGT Bench had on November 17 directed the Delhi government and other NCR states to submit an action plan. The plan was supposed to contain measures that could come into force automatically when pollution hits emergency levels. It is a matter of deep regret that even though Uttar Pradesh, Haryana and Rajasthan have already submitted their plan well in time, Delhi is yet to do so!
                                  All said and done, the Sri Lankan players cannot be faulted for wearing masks. They wore masks to protect themselves from the thick smog that had enveloped the whole atmosphere where the match was being played at Feroz Shah Kotla Stadium in Delhi! NGT very rightly rapped the Delhi government for its inaction because if timely action had been taken, India perhaps could have been saved from massive international embarrassment! Delhi government must now admit its grave errors as very rightly pointed out by NGT and set them right by working very hard on this score so that the damage done can be undone to some extent if not fully!  
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.

Nation, Religion And Parents Can Never Be Changed

It is most hurting to see that the incidents of waving of Pakistani flags in India is growing by the day. This is most reprehensible and condemnable. Under no circumstances can it be ever justified. All this cannot happen without active political patronage of different political parties.
                                            Let me be candid enough to admit that in 1994 when I was terribly upset over many of my very good Hindu friends making a joke of me for not performing well in BSc especially in Second year in which I lost one year not because of my lack of hard work but because my Botany paper was not checked properly and revaluation result came after the Supplementary exams were over and only one of my Muslim friend Sageer Khan stood by me in a manner which I can’t describe in words I was very impressed by him and I told him that I too want to become Muslim like him and moreover I feel that in Hindu religion I have no place as my friends mock me and Lord Shiv too has no time for me.
                                     Sageer Khan was in tears. He immediately took my hand on his head and asked to me to give a vow to him that I will never change in life: Nation, religion and parents. He told me that just like he is a born Muslim and will die as a Muslim similarly I also should never ever think of renouncing my religion. He also asked me to worship Lord Shiv till my death whom I had worshipped till then but at that point of time had lost all faith in him. He said that, “All religions are but different paths and who all have one common destination God whom we call by different names like Hindus call God as Lord Shiv, Lord Krishan etc and Muslims call it Allah. One should never renounce one’s religion, God, parents and nation under any circumstances come what may because there can be no substitute for them!”
                                      Even in my wildest of dreams I had never expected that a Muslim whom I always thought of as “Mandir (Temple) tod (breaker) and Murti (Idol) tod (breaker) would one day make sure that I regularly visit Mandir (temple) and worship Murti (Idol). It was a coincidence that whenever he accompanied me to temple, the idol that I saw in front of me was not of Lord Shiv  but of Lord Hanuman and Ma Durga whom till then I never worshipped but since then always invoke their name!
                                           Such Indians who inspite of staying in India wave Pakistani flags must introspect and ask themselves: Is Pakistan a country worth staying? Certainly not. This alone explains why my best friend Sageer Khan once said to me that, “Those who shout slogans supporting Pakistan and wave Pakistani flags never go to Pakistan to settle there permanently because they too know fully well that it is a rogue country where Mohajjirs (Muslims from India) are still treated like refugees, third rated citizens and discriminated against and similarly those in PoK are not given any voting right or any other right and similarly the people of Balochistan are slaughtered like animals. I bet that if such Indians who wave Pakistani flags and shout Pakistani slogans are told to leave India permanently, they will themselves never go to Pakistan.”
                                         Sageer Khan further said once to few of his Muslims friends which I overheard from outside a room that, “Muslims are most safest in India and India alone. There can be no country more safe for Muslims in the world than India. Taliban  means student but see how Pakistan is making them terrorists. Jihad means a holy war by which poorest of poor benefits but see how innocents are being killed in name of Jihad. Hafiz means a person who learns Quran by heart but see how terrorists are naming themselves Hafiz in Pakistan! Mujahideen means a person (Mujahid) who struggles for betterment of society but see how terror groups are being named after it! Islam means “submission to peace” but see how violence is being spread in name of Islam! Nothing can be more insulting than this!”
                                     Sageer also said that, “It is only in India that Muslims can lay claim to Ayodhya, Mathura and Kashi despite knowing fully well that these places have been Hindu’s pilgrimages site since time immemorial which I totally oppose. If Hindus also similarly lay claim to Mecca and Medina, will any Muslim in the whole world ever accept it? No, not just in Mecca or Medina but Muslims will not allow temple to be built in any place in Saudi Arabia or in any other Gulf country. I bet it.  Also, no true Muslim will ever offer namaz in a disputed site. Also, since no namaz had been offered in the site where Babri Masjid stood since last more than seventy years, it ceases to be a mosque. Moreover, Muslims must learn tolerance from Hindus who have been tolerating this nonsense since so many years”!  
                                         Having said this, let me also bring out here that there are many more like my best friend Sageer Khan. Mohammad Amir Khan was wrongly implicated in about 20 terror cases in 1998 and was wrongly jailed and tortured for about 14 years and his father died as he could not tolerate people calling him as “father of terrorist” and his mother also became paralysed and later died yet he still feels proud to wave Indian flag and calls himself an Indian! NHRC recently awarded him Rs 5 lakh compensation also for being wrongly jailed yet he never waves Pakistani flags nor shouts slogans supporting Pakistan! Such Indians who have never been sent to jail nor ever labelled “terrorist” nor tortured yet chant “Pakistan, Pakistan” and wave “Pakistani flags” must learn something from him! For me, Mohammad Amir Khan is the “real Bharat Ratna” who is a living testimony to prove that Pakistan can never give India what India can give to them!
                                      It is wrong to slap sedition charges against 11 people raising anti-national slogans during the victory march of a Congress candidate Sana Khan in Dhaurhara Nagar Panchayat in Lakhimpur Kheri. They must be asked as to do they really like Pakistan so much that they wave flags and raise slogans in their favour and do they really hate India so much that they abuse their nation. If the answer is in the affirmative then they must be immediately sent to Pakistan! Adnan Sami who was a Pakistani singer came to India and settled in Mumbai and took Indian citizenship! Why can’t they too behave similarly and take Pakistani citizenship if they are really so attracted to Pakistan?    
                                         My best friend Sageer Khan said to me in 1994, “I challenge that not one Muslim of India will ever be ready to go to Pakistan if they are asked to go and if someone still really wants to go then why stop them? Why slap Indian laws on them in which they don’t believe? Why treat them like Indians when they consider themselves as Pakistanis? Why accord them Indian citizenship? Why no national party is prepared to draft Uniform National Code in which clear provisions must be made that those who abuse India, burn Indian flags and wave Pakistani flags and shout slogans supporting Pakistan would be deprived of Indian citizenship and would not be given any benefit henceforth? Not one Indian will then ever dare to indulge in such anti-national acts”!
                                         But that is the real tragedy! Indian politicians of all parties including BJP will never dare to do such thing for reasons known best to them nor will they ever revoke Most Favoured Nation status wrongly given to a country like Pakistan which is the biggest insult to our soldiers and martyrs because it is Pakistan and Pakistan alone who is responsible for sponsoring cross border terrorism in India since last many decades yet we maintain cordial relations with them even though Kuwait has revoked all relations with Pakistan and ordered all Pakistanis to leave Pakistan as they get lured to terror acts very easily and are a grave national threat to them! Can Indian leaders of any party ever dare to do similarly? Never!
                                           This is the real crisis of India!  What can you expect from leaders who are themselves morally bankrupt and who believe in inviting Pakistani invaders like Gen Musharraf who as Pakistani Army Chief had masterminded Kargil war in which we lost more than 600 soldiers just 2 to 3 months after Kargil war? All leaders unitedly welcomed Gen Musharraf and not one word was spoken against him except one or two notable exception and that is Pranab Mukherjee who lambasted Centre for inviting a rogue who called terrorist as “freedom fighters” and terrorism as “freedom struggle” and also Maulana Mehmood Madani who advised Musharraf to not start his politics from India and not to worry about Indian Muslims as 95% Hindus are with them always which angered him to no end!
                                       Rajiv Chandrashekhar who is MP from Bangalore wanted to get Pakistan declared as “rogue and terror sponsor country” and had even placed a private members Bill in Parliament but not one national party supported him even though leaders of big parties in UN forum always slam Pakistan as “Terroristan”! This must change now if India is to progress! All relations with Pakistan must be nuked as long as it continues exporting terrorism to India and keep fomenting trouble here! But no national party is prepared for this for reasons known best to them! Before concluding, let me again reiterate what my best friend Sageer Khan said to me way back in 1993-94 that, “Anything can be changed but religion, parents and nation can never be changed come what may. Never forget this if you truly consider me your friend in life”. Absolutely right!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.