What Lawyers Of West UP Do Every Saturday?

At the very outset, let me begin by first and foremost pointing out that it is strictly ensured in all the 26 districts of West UP every Saturday that no lawyer does any work in protest against Centre not setting up even a single bench of high court in any of the 26 districts of West UP even though Justice Jaswant Singh Commission headed by former Supreme Court Judge Jaswant Singh and appointed by former PM late Mrs Indira Gandhi had recommended the setting up of 3 benches at Dehradun, Nainital and Agra. More intriguingly, on its recommendations benches were set up at Aurangabad on its recommendations as also at Jalpaiguri in West Bengal and Madurai in Tamil Nadu! To protest this third rated treatment meted out to West UP, it was decided to observe strike every Saturday henceforth!

Needless to say, this has been happening regularly since May 1981. It has been more than 36 years and even now it is very strictly ensured by the office bearers of every Bar in West UP that no lawyer undertakes any work on this day! Interestingly enough, most of the lawyers themselves voluntarily join the protest strikes and keep shouting slogans demanding high court bench in West UP! It is most shocking that West UP with more than 9 crore population and so many districts numbering about 26 have not been considered fit enough to be given a bench and even Justice Jaswant Commission recommendations on it have been disregarded.

Let me hasten to add here that the lawyers of West UP are fully determined that this shall continue uninterrupted till a high court bench is set up in West UP! Not just this, many times in last few years it has been noticed that lawyers even announce strike on Wednesday even though it is not as strictly as the one on Saturday and it happens on few occasions when it is decided by the Central Action Committee constituted to pursue the sacred demand for setting up a high court bench in West UP!

To put things in perspective, it was way back in 2001 that the lawyers of West UP went on strike demanding high court bench not for one month or for two months or for three months or for four months or for five months or for six months but for more than six months and finally broke the strike after getting assurances from Centre of looking seriously into it. Yet nothing happened. Only the striking lawyers of West UP know for themselves that how they stayed hungry with no work agitating wholeheartedly for a high court bench yet got nothing! Former UP CM Dr Sampoornanand had recommended a high court bench at Meerut in 1955 but Centre refused! Another former UP CM Mayawati had even recommended West UP to be created as a separate state to be named ‘Harit Pradesh’ but again nothing happened! Former PM Atal Bihari Vajpayee had himself raised the demand of setting up a high court bench in West UP right inside Parliament way back in 1986 but as PM could not do much because he was not in full majority!

But what about the present PM Narendra Modi? He currently enjoys majority in both Lok Sabha and Rajya Sabha. BJP President Amit Shah had himself assured lawyers of West UP more than a year back that a high court bench would be soon set up in West UP. Even Rajnath Singh who is Union home Minister had given similar categorical assurances but to no avail! Just recently Dr Satyapal Singh who has been made Union Minister too vocally said recently that high court benches must be set up at Meerut, Agra and Gorakhpur. Apart from him there are many other Union Ministers who have all time and again raised their voice in support of the age old demand for a high court bench in West UP!

Let me be direct in asking: Why Allahabad High Court which last year completed 150 years of existence and which is Asia’s biggest court has just one high court bench and that too just 150-200 km away from Allahabad at Lucknow created way back in 1948 and why even as 2018 is about to start do we have no bench either in West UP or in Bundelkhand or at Gorakhpur from where UP CM Yogi Adityanath hails and who himself demanded a bench as MP way back in 1998? Why many other capitals like Bhopal which is capital of MP, Bhubaneshwar which is capital of Odisha, Thiruvananthapuram which is capital of Kerala, Dehradun which is capital of Odisha and many others have neither high court nor bench but Lucknow was chosen for bench and the deserving areas like the hilly areas which now for Uttarakhand and from where people had to travel more than 1000 km had no bench and same is the case with 26 districts of West UP as also with Bundelkhand and Gorakhpur? Why states like Karnataka, Maharashtra, Assam etc which stand nowhere in terms of number of pending cases and crime as compared to UP and West UP have 3 high court benches apart from high court itself?

Simply put, it is West UP where maximum riots, maximum killings, maximum crime take place yet it has no bench as both high court at Allahabad and a single bench at Lucknow created way back in 1948 are both in Eastern UP and that too just about 150-200 km away from each other! 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.”

Briefly stated, in 2014-15 the lawyers of West UP went on strike for 3-4 months demanding high court bench in West UP and even boycotted Lok Adalats and demonstrated outside courts throughout the night! For how long? Why can’t a high court bench be set up in West UP? Why this raw discrimination? Why people of West UP are compelled to travel so far about 700-800 km away all the way to Allahabad to attend court hearings and waste so much of time and money for no valid reason! It is to protest this that lawyers of West UP keep holding meetings, demonstrations, protests, padyatras but still Centre is not budging!

Can anyone tell me: Why for just 4 and 8 districts of Karnataka at Dharwad and Gulbarga 2 more high court benches were straightaway approved in 2012 with one being already at Hubli but for West UP for 26 districts which is more than double the number for which 2 more benches were approved in Karnataka not even a single bench was approved even though the senior lawyers of West UP were repeatedly assured by all PM ranging from late Mrs Indira Gandhi, late Rajiv Gandhi among others? Karnataka has not more than 2 lakh pending cases and has just about more than 1 lakh pending cases yet 3 high court benches but for UP which has not 1 lakh or 2 lakh or 3 lakh or 4 lakh or 5 lakh or 6 lakh or 7 lakh or 8 lakh or 9 lakh or 10 lakh but more than 10 lakh cases pending and here too more than half the cases are from West UP still no high court bench! Why?

As if this is not enough, even former UN Secretary General Ban ki Moon had slammed UP as “rape and crime capital of India” still why UP has least high court benches and West UP has none? Why Allahabad High Court is oldest high court in whole of Asia completing 150 years last year and also the biggest court yet it has just one high court bench very near to Allahabad in Lucknow? Why when a high court bench could be set up so near to Allahabad in Lucknow way back in 1948 can no high court bench be set up in West UP for more than 9 crore people staying here 70 years later in 2018?

Truth be told, the population of West UP is more than all States except UP itself of which it is a part, Maharashtra and Bihar and here too areawise West UP with 98,000 square km is more than Bihar’s 94,000 square km! Still why it has no bench leave alone making it a separate state and giving it a high court itself as happened with Uttaranchal which at time of creation had just 88 lakh population and about 12 to 13 districts? Why our policymakers, PM and others in Centre are maintaining a deafening silence on it? They must come clear on it and spell out their stand! Deafening silence will just not do! No way!

Let me also be direct in asking: How long will lawyers of West UP keep striking every Saturday? How long will lawyers of West UP keep holding meetings, calling for West UP Bandh, holding protests on national highways, blocking rail route, roads etc just to highlight their age old demand of setting up a high court bench in West UP? How long will it take for the Law Minister of UP Brijesh Pathak to fulfil his 3 month old assurance to lawyers in Meerut that a high court bench in West UP will be created soon?

Let me bring out here that I have been keenly noticing that the lawyers of West UP time and again, month after month, year after year keep holding meetings under the banner of Central Action Committee formed to pursue the legitimate struggle for creating a high court bench in West UP and vowing to take extreme steps like going on strike for months as they did for six months in 2001, for many weeks as they did in 2009-10, for 3-4 months in 2014-15 and ended only after getting firm assurances but ultimately only got nothing. They keep meeting CM, PM and others but all this till now has led to nowhere! They have even resorted to blocking national highways, stopping trains but again no result!

How long will woman keep getting gangraped as happened just recently in Muzaffarnagar in West UP and keep going so far to Allahabad to get justice as there is no bench of high court in West UP which is a much bigger punishment for them? Just for how long? Why can’t our Prime Minister be more sensitive? Bench can do for West UP what even bullet train cannot do and at a very less cost still why no initiative is being taken in this regard?

How long will women be subjected to rape, gangrape, face acid throwing incidents etc yet travel so far to Allahabad to get justice which is a double punishment for them? West UP and in fact whole of UP needs more high court benches and not more temples or anti-Romeo squads or anything else in which UP CM Yogi Adityanath seems more interested! He himself as MP had vociferously demanded a high court bench for Gorakhpur in 1998 raising it inside Parliament but now he has power and Centre too belongs to his own party BJP thus removing all glitches then still why no action since last more than 6 months?

In hindsight, people of all religions are united in West UP in demanding a high court bench here and unitedly they agitate which is an eye-opener for our leaders who always keep raking irrelevant issues which makes no difference to people’s lives and it makes me most happy to see the unity cutting across religious lines or community lines or gender lines or any other lines! But what comes as a biggest dampener is no action by Centre who earlier had vouched that if its party came to power in UP and Centre both then a high court bench will definitely be created in West UP! Nothing on earth can be more shocking!

Truly speaking, even eminent jurist Soli J Sorabjee had said that Centre can create a high court bench on its own in West UP without any recommendation either from the Chief Justice or State Government in this behalf still we see that Centre is taking no action! BN Krishnamani who was an eminent former Supreme Court Bar Association Chairman too had said that, “Only by the creation of a high court bench in West UP will the people get speedy and effective justice”. Whom is Centre trying to appease? Is it not emulating the previous governments? It is high time and it must now fulfil its responsibility and also its age old promises to the people of West UP that a high court bench in West UP would be created soon!

Last but not the least: 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? Why Justice BP Singh (retd) of Allahabad High Court too feels strongly that a high court bench must be set up in West UP? Why many senior and eminent lawyers of Allahabad High Court itself too feel that a high court bench must be set up in West UP? This is only 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 and have braved police sticks and all barriers with the greatest of courage! 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! But the billion dollar question that arises here is: For how long will Centre continue ignoring the clear writing on the wall? Even Kapil Sibal as Union Law Minister had wanted a high court bench for West UP to be set up at Meerut as was disclosed by none other than another former Union Minister RPN Singh but former UP CM Akhilesh Yadav he alleged put a cropper in this and therefore nothing materialized! But now there are no excuses as it is BJP and BJP alone which is in power both in UP and Centre! Now only action is needed by setting up a high court bench here! BJP must act now!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Attacks By Cow Vigilantes Must Stop: SC Tells States

To begin with, the Supreme Court on September 6 made it clear in no uncertain terms that attacks on innocents by cow vigilantes must stop. It took a great step towards preventing crimes and violence committed by cow vigilante groups by directing States to appoint a senior cop as nodal officer in each district to monitor such incidents and ensure that culprits are nabbed promptly and punished swiftly. It is really a very good step which shall go a long way in checking attacks and violence by cow vigilantes which till now largely went unhindered and unabated.

While craving for the exclusive indulgence of my esteemed readers, let me inform them that a group of petitioners led by Congress spokesperson Tehseen Poonawala and Tushar Gandhi who is the great grandson of the legendary Mahatma Gandhi gave instances where persons were lynched, minors tortured and women raped by men claiming to be part of cow-protecting army. According to senior advocate and former Additional Solicitor General Indira Jaising, representing Gandhi, the crimes mostly occurred on mere suspicion that the victims were transporting cows for slaughter or had consumed beef. Jaising pointed out that most of the violent incidents had occurred on highways.

Protect highways

For my esteemed readers exclusive indulgence, let me also inform them that the Supreme Court directed the Chief Secretaries and Directors General of Police to take steps to protect the highways from vigilante mobs. The Court directed the Centre to respond to a submission by senior advocate Indira Jaising for Tushar Gandhi, that the government cannot wash its hands of its constitutional responsibility under Article 256. The Centre should reply to this argument in the spirit of “cooperative federalism”.

For the uninitiated, let me inform them that a three-Judge Bench of Supreme Court comprising of Chief Justice of India Dipak Misra and Justices Amitava Roy and AM Khanwilkar was hearing an intervention by Mahatma Gandhi’s grandson, Tushar Gandhi, about the lack of responsibility and accountability shown by the Centre and State administrations as vigilante groups wreaked havoc and resorted to murder in broad daylight in the name of the cow. This is completely unacceptable! How can a human being be murdered in the name of cow?

According to senior advocate Indira Jaising, the crimes mostly occurred on mere suspicion that the victims were transporting cows for slaughter or had consumed beef! Jaising and another senior, eminent advocate and former Law Minister Kapil Sibal also very vigorously raised the cases of Pehlu Khan who was assaulted onApril 1 and who died 3 days later in Alwar in Rajasthan in most dastardly manner by vigilantes over suspicion of cow smuggling and said that far from getting justice, the kin of the victims were being harassed through counter-cases. This is certainly most reprehensible and calls for strictest action against those guilty of perpetrating such heinous crimes! Under no circumstances can this allowed to go unchecked and unpunished! Most importantly, the counter-cases should be removed immediately against the kin of the victims by the police.

Truly speaking, Indira Jaising was at pains to point out that, “Non-violence is the founding faith of this country. The Centre cannot turn its back on the violence. The States have the responsibility to lodge FIRs against these vigilantes.” She is absolutely right. It is both the moral and legal obligation of Centre to ensure that violence does not happen and also of States to ensure that FIR is promptly lodged against these vigilantes and they are arrested and put behind bars as early as possible.

Before proceeding ahead, let me give a short brief on the major incidents that happened this year in 2017 alone till now. They are as follows: –

Aug 27: Villagers beat to death two Muslim men transporting cattle in West Bengal’s Jalpaiguri district.

June 22: Hafiz Junaid, a 16-year-old boy is stabbed to death and four others are injured on board at Mathura-bound train by attackers who call them “anti-nationals” and “beef eaters”.

May 30: A group of students at IIT Madras allegedly thrash PhD scholar R Sooraj for participating in a beef festival.

April 22: Three men are beaten up by a group of men in south Delhi’s Kalkaji for transporting buffaloes in a ‘cruel’ manner.

April 1: Dairy farmer Pehlu Khan is assaulted by vigilantes over suspicion of cow smuggling in Alwar. He dies three days later.

Apart from this, there are many more cases of violence which largely go unreported as the victim prefer to suffer violence quietly instead of complaining to the police and this holds true especially when the victim are poor and underprivileged! We all know how Mohammad Akhlaq was lynched two years ago on allegations of beef eating and cow slaughter. We all also know how in July 2016 cow vigilantes publicly flogged a Dalit family for skinning a dead cow in Una of Gir Somnath district in Gujarat. All this has to end if we are to really pride in calling ourselves a true democratic country.

Centre’s responsibility

It may be recalled that onJuly 21, when the matter was last taken up, the Centre had given a statement that it did not support such violence perpetrated by so-called cow vigilante groups. However, the Government placed the blame squarely on States claiming law and order is a State subject. Jaisingh suggested that it was high time for the Centre to step in and exercise its Constitutional power under Article 256 by passing executive instructions to States for curbing such violence.

To say the least, Article 256 which deals with obligation of States and the Union very clearly stipulates that – 1. The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State. 2. The executive power of the Union shall extend to the giving of such directions to a State Government of India to be necessary for that purpose.

To put things in perspective, Jaising also pleaded that it was high time the Supreme Court stepped in to frame a national policy against cow vigilantism to prevent violence in the name of cow protection. She said that, “Please direct the Centre to come out with a scheme for prevention of such violence.” The Bench said that there was a practical difficulty in asking for a national policy on what was primarily a law and order issue, falling squarely in the domain of states. The CJI Dipak Misra headed Bench said that, “We do not want to pass such an order. It is constitutionally not permissible to order the Centre to frame a national policy”. The Bench refused to be drawn into specific instances of violence by cow vigilante groups while dealing with the larger issue. It said that, “On the Faridabad incident, you must approach the high court concerned. We do not want to mix this incident with the real issue (petitioner) are espousing.”

Needless to say, Dalits and Muslims have reportedly been the prime targets and at the receiving end of unabashed violence unleashed by lynch mobs, especially in the four northern States. They must be protected just like any other citizen without any discrimination whatsoever! The Apex Court exhorted the Centre to uphold its Constitutional mandate under Article 256 and direct the States to act against the groups. It said the Centre could not remain silent leaving everything to the States.

It must be brought out here that BJP-ruled Haryana, Rajasthan, Maharashtra and Gujarat accepted the Apex Court’s suggestion to appoint dedicated officers in the rank of Deputy Superintendent of Police to prevent “gau rakshaks” as they call themselves, from taking the law into their own hands or becoming a law unto themselves. Additional Solicitor General Tushar Mehta representing Maharashtra, Haryana and Rajasthan pleaded with the court not to pass any directions and assured that law will take its own course.

It must also be brought out here that another petition being argued by senior advocate Colin Gonsalves pointed out that leaders of political parties were openly exhorting such groups to lynch people in the name of protecting cows and a State’s Chief Minister publicly revoked criminal cases against persons who indulged in crimes related to this cause. This is most reprehensible and can never be justified under any circumstances! Those who commit such heinous crimes deserve to be punished most strictly because if they are let off that would only abet them to indulge in more such dastardly attacks!

Taking a grim view of the facts pointed out to it, the Bench of Chief Justice Dipak Misra, Justices Amitava Roy and AM Khanwilkar said unequivocally that, “This must stop. If there is law in place, there has to be some kind of curbs so that people don’t take laws into their own hands. It is a group action and some kind of planned action is to be taken by States so that such kind of vigilantism does not grow in any sphere”. One can only hope that the concerned States where such reprehensible violence takes place pay heed to what the Apex Court has said. It must be ensured that they are never repeated again in the future.

To put it simply, such incidents are a shameful blot on our democracy which under no circumstances can ever be justified! The Bench directed States to nominate a senior police officer as a nodal officer to stop such acts and directed Chief Secretaries to coordinate with Director General of Police (DGP) to take steps to prevent incidents of cow vigilantism. The Bench directed that, “The senior police officer shall take prompt action and ensure (that) vigilante groups and such people are prosecuted with quite promptitude”.

Let me hasten to add here that each State was asked to apprise about steps taken in an affidavit to be field in two weeks. The Bench also asked the Centre to take instructions on whether directions under Article 256 needed to be issued to all State Governments. The Apex Court further directed States to be vigilant to ensure such incidents do not take place on highways.

Be it noted, the Apex Court posted the case for further hearing on September 22. It must be noted here that Justice AM Khanwilkar wondered why no one had field PIL pleas against the carcasses of slaughtered animals found strewn on roads and public places. CJI Dipak Misra also made it very clear to Centre who was represented by Additional Solicitor General Tushar Mehta who appeared for the four northern States that, “The Centre cannot remain silent, leaving everything to the States. You have to stop it [the violence]”.

Briefly stated, the Apex Court asked the counsel for 22 states to file compliance reports by October 13 and fixed October 31 as the date for hearing the PILs. It also made it clear that, “Let the compliance reports be filed…nobody can wash off their hands (from their duty). We will give directions to all the states”. The direction came after the Bench was informed that only five states – Rajasthan, Karnataka, Jharkhand, Uttar Pradesh and Gujarat – have carried out the order so far and that Bihar and Maharashtra would be filing it during the day. The Apex Court also asked States and Union Territories to comply with its September 6 order to appoint nodal officers byOctober 31 to deal with cow vigilantism.

To put it succinctly, the Apex Court while proposing measures to stem what it called growing violence by so-called cow protection groups, had said that the nodal officers would have to ensure that vigilantes do not become a law unto themselves. It had given states a week time to comply with the order. The court had also asked states to list steps they would take to step up security on highways, where cow vigilantes have stopped vehicles carrying cattle and attacked people.

All said and done, Centre and all States must take all steps to comply with what the Supreme Court has said. It must be ensured that no human being is ever killed or even attacked by vigilantes under the garb of cow protection. Vigilantes are nobody and it is police who is entrusted with the task of ensuring that cows are not killed ruthlessly by anyone. It has been noticed that mostly these vigilantes are anti-social elements who in the garb of gau raksha resort to violence to create disharmony and communal violence also. Their nefarious designs have to be thwarted under any circumstances well in time. It is a matter of grave concern that the senior counsel Indira Jaising had submitted that there had been 66 incidents of mob lynching and assault since July. In response, the Bench had rightly ruled that, “Steps have to be taken to stop this…Some kind of planned action is required so that vigilantism does not grow. Efforts have to be made to stop such vigilantism. How they (states) will do it, is their business but this must stop.”

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Give Full Freedom To Army To Deal With Situation In J&K: MSY

Let me begin at the very beginning by stating most emphatically that I fully support what the Samajwadi Party patron Mulayam Singh Yadav said that the Army should be given full freedom to deal with the situation prevailing in Kashmir. There can be no two opinions about it. No sane person will ever dispute this!

Truth be told, the former Defence Minister Mulayam Singh Yadav while interacting with journalists very rightly said that, “The Army should be given permission to deal with the situation there and maintain peace and at the same time deal with separatists strictly.” It needs no rocket scientist to conclude that the Kashmir Valley has witnessed a spurt of attacks by militants and protests by civilians against security forces. We all saw recently how Lieutenant Umar Fayyaz was brutally murdered while he was on leave in South Kashmir and had gone to attend the wedding of his cousin sister from where he was taken at gun point. Now another soldier of BSF Mohammad Ramzan Parray too has been brutally murdered and many of his family soldiers have been wounded in a cowardly attack by terrorists! But still Centre is refusing to arm them with weapons by which they can defend themselves and their family? Parray was shot dead and 4 of his relatives were injured including one women relative. has been brutally murdered and many of his family soldiers have been wounded in a cowardly attack by terrorists!

How long will Centre tolerate killings of our security forces? How long will Centre not deal with separatists strictly? How long will Centre provide security to separatists who hate India and love Pakistan and how long will separatists rejoice when a DSP Mohammad Ayub who was deployed for security of separatists like Mirwaiz Umar Farooq would be brutally killed after stoning him and stripping him naked by those very people for whose security he was deployed there? How long will Centre bear all the expenses of separatists leaders in Kashmir who always work against our national interests and how long will Centre deploy soldiers for their security? How long will Centre not throw such separatists behind bars for spreading venom among the masses?

How long will Centre not give a free hand to Army to deal with stone pelters in the way they should ideally be dealt with? How long will Centre allow police to order inquiry against brave soldiers of Army like Major Ranjan Gogoi who to save his men from being lynched just tied one stone pelter to the bonnet of his vehicle so that the stone pelters don’t throw stones at the vehicle in which they were moving? How long will soldiers of Army suffer humiliation in silence by getting beaten by crowd instigated by separatists?

How long will soldiers of Army be stopped from capturing these Pakistani supporters and throwing them into Pakistan where their heart lies? How long will Pakistanis be treated as Indians? How long will these Pakistani supporters be allowed to kill our soldiers?

How long will our soldiers be taught by Centre to do nothing when hit by stones by Pakistani supporters? How long will our soldiers be taught not to open fire even if their life is at threat? How long will Centre value the lives of Pakistanis living in India more than the lives of our brave soldiers and order them to display maximum restraint? For how long?

For how long will Centre order our soldiers of Army to do nothing when separatists leaders like Syed Ali Shah Geelani and others come out in the street and order people to attack Army? For how long will Centre order our soldiers of Army to respect the human rights of Pakistanis who want to destroy India? For how long will Centre keep chanting the old third rated dialogue that, “We have to act as per world pressure”.

Why is no world pressure applied on Pakistan to stop proxy war against India? Why is no world pressure applied to arrest all top terror leaders like Syed Salaluddin whom America has just recently declared a terrorist, Hafiz Saeed, Masood Azhar and many others who are all enjoying life in Pakistan and why are they not hanged for killing so many innocent people? Why only India comes under world pressure and gladly invites Pakistani invader like General Pervez Musharraf who masterminded Kargil war in which we officially lost more than 600 soldiers and who himself paid Rs 1 lakh as prize to dreaded Al Qaeda terror leader Iliyas Kashmiri way back in 2000 when he presented him with a severed head of an Indian soldier – Bhausaheb Maruti Talekar on 27 February 2000 and started weeping in joy as was reported in most English dailies?

Why former DGP of UP – Vikram Singh said in a news channel recently that those stone pelters who throw stone at Army must be treated like terrorists and neutralized by our brave soldiers by showing no mercy towards them? Why Centre is allowing stone pelters to become a part of Pakistani gang and openly throw stones at our soldiers when they are engaged in gun battle with terrorists? Why Centre is itself becoming a protective shield for them? What message is Centre sending?

Why Centre is not giving a free hand to our brave soldiers to mercilessly deal with stone pelters as demanded by Mulayam Singh Yadav who openly says that in his tenure as Defence Minister no Kashmiri had the guts to attack Indian soldiers or pelt stones or indulge in any kind of anti-national activity? Why Centre fails to appreciate that this has a very demoralizing impact on our brave soldiers when they are asked not to retaliate hardly even inspite of being provoked which is now fast becoming a fashion in Kashmir? Why Centre keeps trusting Pakistan and invite ISI agents as we saw after Pathankot terror attack in which we lost a Major and many soldiers?

Why is Centre not withdrawing Most Favoured Nation status to Pakistan which we granted way back in 1996 and which they never granted us as demanded by Shashi Tharoor, Subramanium Swamy and many others? Why is Centre not declaring Pakistan a terror sponsor country as demanded by Rajeev Chandrashekhar who is MP from Bangalore and name it “Aatankistaan” as demanded by Maulana Mehmood Madani who is a former Rajya Sabha MP? Why Centre just keeps requesting other nations to act against Pakistan but does nothing itself to hurt Pakistan and just rejoices after carrying out one surgical strike which tantamount to nothing as Army is not given a free hand to deal with stone pelters in the most ruthless fashion and it is our brave soldiers who are facing the maximum onslaught?

Why Centre is not giving a free hand to Army to rein in anti-India crowd in Kashmir and why instead Centre expects Army to display maximum restraint by simply doing nothing or offering resistance just for name sake? Is Centre not spoiling these stone pelters and encouraging them to act more fiercely by not allowing Army a free run in crushing them? Why Centre has allowed these stone pelters and brazen supporters of Pakistan to openly indulge in anti-national acts and restrained Army from acting tough against them? What message is Centre sending? Is Centre not encouraging them to always make it a habit and after gathering in group start pelting stones at soldiers of Army which has become a trend also most unfortunately? Should we be proud of this? Centre must strictly adhere to the sagacious advice which Mulayam Singh Yadav is giving of giving full freedom to Army to deal with those who attack our soldiers as it suits our national interests in best possible manner without wasting any more time further! Will Centre do?

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Pakistanis Must Be Sent To Pakistan Right Now

Coming straight to the core point, let me begin at the very beginning by pointing out most emphatically that India is for Indians and not for Pakistanis. Pakistanis have been given a separate country by partitioning India way back in 1947. But now there can be no more partitions in the name of Pakistan! Centre must enact a law and send Pakistanis to Pakistan. Those who shout “Pakistan Pakistan” must be sent to Pakistan right now. No more wastage of time!

It is so frustrating to see that it is increasingly becoming a growing trend to wave flags of Pakistan on Indian soil, burning of Indian flags, chanting of pro-Pakistani slogans and anti-India slogans. What is even more frustrating to see is that the Centre is not doing anything to check this divisive and most dangerous trend that started from Kashmir! A Maulvi Abbas whose full name I don’t remember rightly said in a newschannel that if this glorification of Pakistan is not checked in Kashmir soon it will spread to all parts of India! He also rightly demanded that such Pakistanis must be booked and punished most strictly so that no one else dare to do it again.

We all saw recently how Pakistani flags were waved when India lost to Pakistan in cricket and firecrackers bursted in joy! How can any self-respecting nation tolerate such anti-national activity quietly? No individual and even no law and even no Constitution can be above the unity and integrity of the nation as no one can be above the nation!

Why is our national media so conspicuously silent on it? Every Indian has a right to dissent and criticize the government of the day but this right does not extend to doing anti-national acts like burning of Indian flags, waving of Pakistani flags, chanting of pro-Pakistani and anti-India slogans etc! Pakistanis must be sent to Pakistan right now without delay. Why are they staying in India when they consider themselves Pakistan?

Prime Minister Narendra Modi must immediately act and enact law by which Pakistanis are deported to Pakistan immediately. Why should Pakistanis be allowed to stay in India? Why should Pakistanis be allowed to avail all the benefits available to Indians when they don’t consider themselves as Indians?

I am not alone in feeling so very strongly. None other than National Commission for Minorities Chairman Ghayorul Hasan Rizvi has said that those who support Pakistan by celebrating their sporting achievements should cross the border and go to that country, “or better still, be deported there”. Rizvi made the comments while attending an iftar party in Meerut. He has valid reasons in saying so.

Rizvi said that, “I was asked about people, including those in Kashmir, who celebrated Pakistani win (in the Champions Trophy final). I said these are people whose mind and heart is actually in Pakistan, just their bodies are here, so they too should go there. Or better still, they should be deported across the border.” Rizvi’s comments were in response to reports of celebrations in Kashmir following Pakistan’s victory over India in the final. Separatist leaders Syed Ali Shah Geelani had congratulated Pakistan on the win, while Mirwaiz Umar Farooq had tweeted, “Fireworks all around, feels like an early Eid here. Better team took the day. Congratulations team# Pakistan.”

Rizvi rightly said that, “It is unfortunate that some people say things like Pakistani victory has brought ‘Eid before Eid’. It is sad that they live in India, in Hindustan and say ‘Pakistan Zindabad’. As a Hindustani, this pains me a lot. My statements in Meerut came from those sentiments.” All Indians must be very proud to have patriotic Indians like Ghayorul Hasan Rizvi for whom nation comes first and religion comes next. What Rizvi has said is absolutely right.

Centre must stop kowtowing in front of Pakistan and Pakistanis. Centre should not harass anyone based on his/her religion alone. But Centre should also simultaneously not spare anyone swearing loyalty to Pakistan. Pakistanis must be sent to Pakistan and Arnab Goswami who runs the Republic Channel TV news channel too feels the same way. He rightly said that Mirwaiz Umar Farooq instead of taking security from India and enjoying all facilities in India must go to Pakistan promptly as he considers himself Pakistani.

We all saw how the DSP who was incharge of security of Mirwaiz was brutally thrashed and beaten to death by supporters of Mirwaiz and nothing was done to save him. Why security for Hurriyat leaders like Mirwaiz who swear by Pakistan? Why is Centre still providing them security?

Why Centre gives Most Favoured Nation (MFN) status to Pakistan since 1996 even though they have not given us that status till now? Why are Indian soldiers daily being killed and beheaded and mutilated by proxy war sponsored by Pakistan and yet Centre does not revoke this MFN status even though senior leaders like Shashi Tharoor, Subramanium Swamy are demanding this regularly? Why Centre is so soft towards Pakistan and not learn anything from a small country like Kuwait who has ordered all Pakistanis to leave Kuwait as Pakistan is spreading terror everywhere and has severed all relations with it? Why can’t India do the same inspite of losing more than one lakh soldiers in proxy war sponsored directly by Pakistan? Why senior leaders like Maulana Mehmood Madani demands that Pakistan should be declared “Aatankistan” and all relations with it should be nuked but Centre does not listen? Why Rajeev Chandrashekhar who is MP from Bangalore demands that Pakistan be declared a “terror state” and a “rogue state” but Centre is just not prepared for it? Why Centre too lashes out in UN against Pakistan and labels it as “Terroristan” but does nothing on ground to substantiate what they say?

Centre must amend citizenship laws and revoke the citizenship of all those who swear by Pakistan and say “Meri Jaan Pakistan Mera Kaleja Pakistan” etc. You cannot be Indian and Pakistani at the same time. Either become an Indian or become a Pakistani by migrating to Pakistan. Why Centre takes no step in this direction?

How stable Pakistan is we all know very well! How Shia Muslims are being killed by terrorists encouraged directly by Pakistani Army and ISI on a regular basis and their sacred shrines being blown off as also of Sufis we all know too well! How Mohajjirs who migrated from India to Pakistan in 1947 are treated there is all too evident!

How Baluchis are killed, tortured and humiliated is all well known and merits no description. The same is true of PoK, Sindh, Pakhtoonistan and other places! They want to come to India as they consider it much better just like Adnan Sami who was a famous Pakistani singer but preferred to become Indian citizen. They must be all granted Indian citizenship as their heart and soul is in India.

Similarly all those Indians in Kashmir or Kerala or Delhi or UP or MP who love Pakistan and behave like Pakistanis must be immediately sent to Pakistan! They must not be tolerated in India because they don’t consider themselves as Indians and behave openly like Pakistanis and can betray our country whenever they want. Why should this be allowed at the first place? Before deporting Rohingyas first and foremost deport Pakistanis who inspite of claiming Indian citizenship do all anti-national acts and yet stay in India?

No one can be above the nation. Such Pakistanis who are a threat to our national security must be sent to Pakistan! On what basis are they staying in India if they consider themselves as Pakistan? Why is Centre maintaining a deafening silence on it and allowing this dangerous and derogatory trend to be emulated by all others all over the country? This is nothing but disloyalty and Centre too is guilty of encouraging it by doing nothing! How much more time does Modi want ? For more than 3 years he has been in power! He must act now! My best friend Sageer Khan rightly said way back in 1993-94 that, “Muslims enjoy the maximum freedom in India which they cannot get anywhere else. See how Mohajjirs are treated as second graded citizens in Pakistan. Those Muslims who keep shouting slogans in favour of Pakistan never go to Pakistan themselves because they know that what they get in India they will not get anywhere else. In India Muslims can lay claim to Ayodhya, Mathura and Kashi which have been sacred to Hindus for lakhs of years. If Hindus lay claim on Mecca and Medina will Muslims agree? Muslims won’t agree not just on Mecca or Medina but at any other place in Saudi Arabia! So all Muslims must appreciate the tolerance level of Hindus and emulate them and realize that Pakistan by fighting proxy war is destroying its ownself and not India. India is the best country for Muslims to stay in and Pakistan is the worst country. I have no doubt on this. This alone explains why those shouting Pakistan, Pakistan and waving Pakistani flags never migrate to Pakistan even though they try their level best to pretend that they are Pakistanis. Such Pakistanis must be thrown out of India but our politicians for reasons known best to them prefer to keep quiet. Why is Kashmir not being integrated fully with India? Why can’t Indians from other states settle there or buy property there or apply for any job there? Why separate flag and separate Constitution for them? Why are we playing in the hands of Pakistan?”

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

What Gen Bipin Rawat Has Said Is Hundred Percent Right

Let me begin on a cheerful note by first and foremost expressing my utmost happiness to note that finally we have one such Army Chief who believes very firmly in dealing with rogue nations like Pakistan who never understands the language of peace which India has been speaking always since the last seven decades. Instead our peace policy has always been taken to be our biggest weakness which alone explains that why they have mercilessly been carrying out proxy war against India since ages as their clear cut policy is “To make India bleed by giving thousand cuts”. It is our politicians who are more responsible than Pakistan for allowing to take India for granted always! Nothing in India can ever happen without consent of politicians because it is they who have the remote control of all power!

It is our politicians who frittered away the gains of our Army in 1948, 1965 and most of all in 1971 when inspite of winning decisively they handed back more than 93,00 Pakistani surrendered soldiers back to them even though they did not hand over many of our soldiers who bore the maximum brunt of their torture as was testified by none other than former Pakistan PM late Zulfikar Ali Bhutto who said he could not sleep in prison as in the adjoining barrack Indian soldiers captured in 1971 war were tortured mercilessly whole night and whole day! Why Pakistan Occupied Kashmir was not taken back? This alone explains why I believe that politicians are more dangerous than Pakistan who are ever ready to play politics even with the lives of our soldiers and completely ignore what happens to them!

Why just after two to three months after the Kargil war planned and masterminded by the Pakistani invader Gen Pervez Musharraf did India decide to accord a red carpet welcome to him and shower flowers on him? Did he really deserve this? Why Indian politicians very conveniently forgot that it was Musharraf who was responsible for masterminding the killing of more than 600 of our brave soldiers and had threatened to nuke India if we stepped even one inch inside their territory as he felt Pakistan alone has the right to invade and he alone had the unfettered right to come 14-15 km inside Indian territory just before Kargil war started to boost his soldiers morale to most brutally kill our soldiers as he himself very proudly acknowledges?

Pakistan badly failed to capture even an inch in Kargil and even did not claim the dead bodies of its soldiers especially of Northern Light Infantry Regiment and India cremated them in India. Even in 1988 when Gen Musharraf was Brigadier, Pakistani Army under his leadership tried to snatch Siachen but again there too they failed miserably! Yet our politicians unnecessarily made a hero out of a failed and most frustrated person which he never deserved! Now he is a “proclaimed offender” in his own Pakistan!

Coming back to the main subject, Army Chief General Bipin Rawat has said that surgical strikes conducted across the Line of Control last September were a message to Pakistan and more such strikes would be undertaken if needed. Speaking at an event in New Delhi on September 25, Gen Rawat said that, “The strikes were more of a message we wanted to convey and these things could follow if need be”. When asked how capable India was to carry out more such operations, he said: “All that I can say is that you can count on us.”

It may be recalled here that close on the heels of four Pakistani terrorists attacking an Indian Army unit’s administrative base in Uri on September 18, 2016, J&K killing 18 soldiers, the Army carried out surgical strikes on terrorist launch pads near the Line of Control in Pakistan. The strikes conducted on September 28, 2016 had inflicted significant casualties on terrorists which Pakistan will never admit. Pakistan was completely caught napping as they never even dreamt that India which believed until now only in honouring Pakistani invaders like Gen Musharraf on its soil and in kowtowing in front of him could strike back with such a vengeance!

Following the surgical strikes, India was seen as a stronger nation, one that retaliates, Gen Rawat said. Let me add here further that just like after Kargil war when our political leadership bent overbackwards to invite a defeated Pakistani invader Gen Pervez Musharraf who could not summon even the courage to lead his troops from forward the world looked down upon India as a weak country! I still fail to understand why our politicians ignored that this same Gen Musharraf had ordered Captain Saurav Kalia and 5 soldiers to be brutally tortured for not just 1 day or 5 days or 10 days or 15 days or 20 days but for full 22 days and their whole body bore signs of unspeakable torture, cigarette signs, their eyes were punctured with hot iron rods and pulled out, same with ears, nose and even their private parts were not spared and finally they were shot in head and their body maimed and mutilated was handed over to India and yet decided to accord red carpet welcome to him just two to three months after Kargil war?

Gen Musharraf had even paid Rs 1 lakh as cash prize to dreaded Al Qaeda leader Iliyas Kashmiri who earlier was in Pakistani Army when he beheaded and presented his beheaded head as trophy to Gen Musharraf as was reported in most English dailies in 2000! Still some of our journalists, big media houses and our politicians shamelessly honoured him as if he had done a great job! This only left him more emboldened and he hailed terrorists like Osama and Hafiz as “Osama to hero hain ji hero. Hafiz Saeed to bilkul aasli hero hain ji. Bharat ke liye yeh aatankwadi hain paar hamare liye to ye hero hain ji hero. Dawood is also in Pakistan somewhere in Karachi but why should we disclose this to India or hand him over.” He is accused of plotting murder of former Pakistan PM Benazir Bhutto, attack on Lal Masjid in Pakistan which left many dead and was also accused of killing Nawab Bukhti in Baluchistan and is also facing trial in many other cases. Still some of our big journalists and leaders shamelessly laugh and feel proud to talk with him and slam Gen Rawat as “Sadak ka goonda”! This has to change now and it is our leaders who must change first and foremost in dealing with Pakistan!

Why Most Favoured Nation status to Pakistan is continuing unilaterally since 1996 shamelessly and most unfortunately even though we are daily losing our brave soldiers fighting the proxy war perpetrated by Pakistan since last more than four decades? Why in UN we condemn them as “Terroristan” but yet keep engaging them? Why all relations with Pakistan which is a rogue nation are not being nuked? Why Pakistani Indians who chant “Pakistan, Pakistan and nothing but Pakistan” are not being deported to Pakistan as we see in the case of Rohingyas? Kuwait has ordered all Pakistanis to leave Kuwait as they feel that they are a threat to their nation but why we refrain from doing so even though it is India who is worst affected by proxy war perpetrated against India by Pakistan? Ask politicians ruling in Centre!

This NDA government is now hardening its stance slowly but it needs to do a lot more and never repeat the foolish mistake of inviting Pakistani ISI agents to Pathankot to inspect terror spots where terrorists had attacked and killed our soldiers and even a Major and Lieutenant Colonel! I am happy to note that Gen Rawat when asked if terrorists would attempt to carry out another Uri-like attempt said categorically that, “Terrorists will keep coming because their camps are operating there. But we are prepared to receive them and send them to their graves and bury them two and a half feet inside.”

This is what is required and our political leadership too must like Gen Rawat demonstrate more resolve in giving a free hand to deal mercilessly with such Pakistani Indians who attack our soldiers, misbehave with them so that no one again dare misbehave with our soldiers! Disrespect of Indian soldiers by anyone whether they are Kashmiris or Pakistanis or anyone else be it even me should never be tolerated even slightly under any circumstances!

Happy to note that in the latest incident, security forces had foiled a terror attack on a military camp in Uri sector killing four militants mercilessly near Line of Control! Our politicians too must learn something from Gen Rawat and completely boycott Pakistan till it dismantles all terror camps and deport terror leaders to India so that they can be tried and punished accordingly! Why we are keeping so many Pakistani diplomats in India and allowing them to meet Hurriyat leaders and fish in troubled waters? Why security at taxpayers expense for Hurriyat leaders and not jail who always rant against India and plot with terror leaders as was disclosed recently by NIA?

All this must end forthwith and Gen Rawat is hundred percent right that following the strikes, India was seen as a stronger nation, one that retailiates! This must continue always! No compromise on this must be made ever! Politicians must now emulate what Gen Rawat has said and immediately nuke all relations with Pakistan!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Quantum Leap In Relations Between India And Japan

It is a well known fact that Indian Prime Minister Narendra Modi and Japanese Prime Minister Shinzo Abe have shared special chemistry with each other since a long time which dates back to the time when Modi was the Chief Minister of Gujarat. Both India and Japan have come a long way in forging a special relation with each other ever since Modi became Prime Minister three years ago. But in last one year or so we have witnessed a quantum leap in relations between India and Japan for which both Modi and Abe are equally responsible.

As we all know, Shinzo Abe came to India on a two day visit from September 13 to 14 to attend the 12th Indo-Japan annual summit held at Ahmedabad. PM Modi, PM Abe and his wife set-off on a 8 km roadshow in an open-roof jeep for the legendary Sabarmati Ashram where Mahatma Gandhi had spent a significant time of his life and they were accorded a grand welcome throughout the route. PM Modi presented a marble idol of Mahatma Gandhi’s “Three Wise Monkeys” to his Japanese counterpart Shinzo Abe as the monkeys are a symbol of the adage “see no evil, hear no evil, speak no evil” which is believed to have its origin in Japan.

It would be pertinent to note that India and Japan on September 14, 2017 during the 12th Indo-Japan summit signed 15 Memorandum of Understanding (MoUs), which dealt with wide ranging issues such as bilateral relations, defence and security cooperation and supporting each other for a permanent seat in the United Nations expanded Security Council. This is truly a landmark development. People of both the countries must feel happy about it.

It merits no reiteration that the track record of both India and Japan is impeccable and therefore both are strong contenders to bag a permanent seat in the UN Security Council. While it cannot be denied that no figure was released on how much Japanese companies planned to invest in India, some sources said that it would be around Rs 5 lakh crore, including the flagship bullet train project from Ahmedabad to Mumbai. Now let us go through the 15 key MoUs signed between India and Japan. They are as follows: –

Disaster Risk Management

1. Memorandum of Cooperation between the Home Ministry and the Cabinet Office of Japan. Cooperation and collaboration in the field of disaster risk reduction and to share the experiences, knowledge and policies on disaster prevention.

Skills Development

2. Further strengthening bilateral relations and cooperation in the field of Japanese language education in India between Ministry of External Affairs (MEA) and Ministry of Foreign Affairs (MOFA), Japan.

Connectivity

3. India Japan Act East Forum signed to enhance connectivity and promote developmental projects in the North Eastern Region of India.

Economic & Commercial

4. Aims to send fresh food from Japan to India in cool boxes for Japanese in India.

Investment

5. India-Japan Investment Promotion Roadmap between DIPP and METI to facilitate and accelerate the Japanese investments in India.

6. Agreement between METI and Gujarat Government to cooperate in infrastructure development on ‘Japan-India special programme for Make in India’ in Mandal Bechraj-Khoraj in Gujarat .

Civil Aviation: Open Skies

7. Exchange of record of decisions (RoD) on Civil Aviation Cooperation (Open Sky). Indian and Japanese carriers can now fly unlimited number of flights to the select cities of each other’s countries.

Science & Technology

8. Deal for International Joint Exchange Programme signed between interdisciplinary theoretical and mathematical sciences programme (ITHEMS), RIKEN and National Centres for Biological Sciences (Simons-NCBS) to establish a Joint Exchange Programme to identify and foster talented young scientists from both India and Japan to collaborate in the field of theoretical biology.

9. Joint Research Contract between National Institute of Advanced Industrial Science & Technology (AIST), Japan and Department of Biotechnology (DBT) to conduct joint research and to establish an International Center named as “DBT-AIST International Center for Translational & Environmental Research (DAICENTER)” at AIST, Japan.

10. MoU b etween DBT and National Institute of Advanced Science & Technology (AIST). To promote research collaboration between DBT Research Institutes and AIST in the field of life sciences and biotechnology.

Sports

11. International Academic and Sports Exchange between Lakshmibai National Institute of Physical Education (LNIPE) and Nippon Sports Science University, Japan (NSSU). To facilitate and deepen international education cooperation and exchanges between the sports bodies.

12. International Academic and Sports Exchange between Sports Authority of India and Nippon Sports Science University, Japan.

13. Letter of intent between Lakshmibai National Institute of Physical Education (LNIPE) and University of Tsukuba, Japan.

14. Letter of intent between Sports Authority of India and University of Tsukuba, Japan.

Academics/Think Tank

15. MoU between RIS and IDE-JETRO for promotion of Cooperation in Research Related Activities. To promote institutional cooperation between RIS and IDE-JETRO to strengthen research and effectiveness of dissemination of research findings.

Let me hasten to add here that adding an icing on the cake in the relations between India and Japan is the launching by Prime Minister Narendra Modii and his Japanese counterpart Shinzo Abe of the 508-km long bullet train project between Ahmedabad and Mumbai. It will take 2 hours and 58 minutes to cover the 508 km stretch. The project cost is estimated at Rs 1.10 lakh crore.

Truth be told, Modi thanked Abe for the “big gift from Japan to India” even as the Japanese PM attributed it to the “special bond” between the two nations. Speaking at the jam packed Sabarmati Railway Stadium, Abe hoped the first bullet train in India would soon make its route to other parts of the country. He also said amid a huge applause that, “The next time I am in India, I wish to ride the Shinkansen with Mr Modi and enjoy the beautiful scenery of India through the windows”.

To put things in perspective, Abe said after the two leaders pressed a button, unveiling a plaque that, “A strong India is in Japan’s interest and a strong Japan is in India’s interest”. There can be no denying it and this alone explains why both India and Japan have agreed to work together and cooperate on multiple fronts. He said the first letters of his country, ‘Ja’, and that of India, ‘I’, together make up the word “Jai” or victory. After starting his speech with “Namaskar” and ending it with a “Dhanyavad” said proudly that, “Jai India, Jai Japan”.

It must be brought out here that India’s first bullet train is being built with a Japanese soft loan of Rs 88,000 crore, which India will pay back in the next 50 years at 0.1 percent interest. Modi was candid enough to admit that this was not a loan but a gift. He very rightly said that, “We are building India’s first bullet train practically free”.

It also must be brought out here that the target for the completion of India’s first bullet train is December 2023, though officials say there are indications that the Government may seek an earlier deadline of 2022. A 21-km-long tunnel will be built between Bolsar and Bandra Kurla Complex in Mumbai, of which seven km will be under the sea. Initially, the train will have 10 coaches with a total seating capacity of 750 passengers. Later, it is proposed to have 16 coaches with a seating capacity of 1250 passengers.

Be it noted, the bullet train will have 12 stops of 165 seconds each. The proposed stations are Mumbai, Thane, Virar, Bolsar, Vapi, Bilimora, Surat, Bharuch, Vadodara, Anand, Ahmedabad and Sabarmati. This ambitious project will reduce the travel time between Ahmedabad and Mumbai from seven hours to less than three hours. PM Modi was very elated and called Abe his “close friend” which the latter also reciprocated.

To be sure, Modi made a candid admission that, “The dreams and ambitions of this ‘new India’ are limitless. India has taken a big leap today to fulfil a long-held dream. Fast trains, top technology will bring us top growth, employment and progress.” He also added that, “India has taken a big leap today to fulfil a long-held dream. Fast trains, top technology will bring us top growth, employment and progress.”

While mincing no words in expressing his gratitude to Abe, Modi said that, “Japan too has shown today what a great friend it is to India. India’s first bullet train project is a symbol of this friendship. Abe has ensured this project sticks to time.” He also added further that, “This is not the time to progress at low speed. The speed of this country’s progress now depends on the high-speed connectivity”. Modi also castigated the Opposition for criticising the project without any valid reason. Modi certainly has a valid point here.

Simply put, Modi said that, “They first asked where’s the bullet train and now say why the bullet train”. In 1964, Modi said that Japan started the bullet train and now this technology was in 15 countries. He also said while justifying his decision to bring such a transportation marvel to India that, “From Europe to China, the bullet train’s image can be seen everywhere. Not just economical but also societal changes have been brought about by these trains”.

It is imperative to note here that the target for its completion is December 2023, though officials say there are indications that the Government may seek an earlier deadline of 2022. The train will stop at each of the 12 railway stations on the route, but only for 165 seconds. A 21-km-long tunnel will be dug between Boisar and BKC in Mumbai, of which 7 km will be under water. The two Prime Ministers also laid the foundation for an institute that will come up in Vadodara where nearly 4,000 people will be skilled for the bullet train project.

It also warms the inner cockles of my heart to learn that in a stern message to Pakistan, Prime Minister Narendra Modi and his Japanese counterpart Shinzo Abe in their joint statement strongly pitched for a ‘zero-tolerance’ approach towards terrorism. In the statement signed after their bilateral talks in Gandhinagar in Gujarat on September 14, the two leaders asked Islamabad to bring to book the perpetrators of terror strikes, including those involved in the Mumbai (2008) and Pathankot (2016) attacks. They also called upon international community to work towards rooting out terrorist safe havens and infrastructure, disrupting terrorist networks and financing channels and halting cross-border movement of terrorists. The joint statement said, “They (Modi and Abe) looked forward to convening the fifth Japan-India Consultation on Terrorism and to strengthening cooperation against terrorist threats.”

Needless to say, while making it clear that India and Japan will be intensifying their collaboration in the counterterrorism measure, Modi and Abe in their joint statement underlined the need for all countries to ensure that their territory is not used to launch terrorist attacks on other nations. They also expressed firm resolve towards strengthening international cooperation to address the challenges of nuclear proliferation and nuclear terrorism. It is a no-brainer that to eliminate terrorism all peace loving countries have to come forward and unitedly take collective steps to ensure that this Frankenstein monster is crushed once and for all!

What should not be missed out here is that the joint statement very categorically said that, “They emphasized the need for stronger international partnership in countering terrorism and violent extremism, including through increased sharing of information and intelligence. They called for enhanced bilateral cooperation in this regard.” Also, India and Japan will jointly hold a consultation on terrorism in the coming months.

Truly speaking, while condemning the growing menace of terrorism and violent extremism, the two PMs shared the view that terrorism in all its forms and manifestations is a global scourge that must be forcefully combated through concerted global action in the spirit of “zero tolerance”. Accordingly, the leaders called upon all UN-member countries to implement the UNSC Resolution 1267 and other relevant resolutions designating terrorist entities and emphasized the need for stronger international partnership in countering terrorism and violent extremism, including through increased sharing of information and intelligence.

As it turned out, the two PMs also reiterated their desire and determination to work together to maintain and promote peace, stability and development in the Indo-Pacific region. They also both reaffirmed the importance of freedom of navigation, overflight and unimpeded lawful commerce in accordance with international laws. The joint statement said that, “They also highlighted the importance of peaceful resolution of disputes, including through full respect for legal and diplomatic processes, without resorting to the threat or use of force, and in accordance with the universally recognized principles of international law, notably the United Nations Convention on the Law of the Sea (UNCLOS).

It is of immense significance that a memorandum of understanding to set up India Japan Act East Forum with an aim to align India’s Act East Policy with Japan’s Free and Open Asia-Pacific strategy in the backdrop of China’s One Belt One Road initiative is among the major agreements signed while Abe was in India for the 12th Indo-Japan annual summit. The forum will enhance connectivity and promote developmental projects in India’s Northeast region in an efficient and effective manner, according to the MoU signed following the summit in Gandhinagar on September 14. It must be said here that Japan has a historic connection with the Northeast and is among the few countries that India has allowed a presence in the eight landlocked states which are the country’s gateway to the Association of Southeast Asian Nation members.

While craving for the exclusive indulgence of my esteemed readers, let me inform them that India and Japan on September 14 also signed a document on Japanese loan and aid for highway development in the Northeast that can complement India’s connectivity initiatives in Bangladesh, Myanmar and beyond, besides BBIN (Bangladesh, Bhutan, India, Nepal) and BIMSTEC (Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation) Motor Vehicle Agreements. Japan will extend a loan of Rs 2,239 crore to India for ‘North East Road Network Connectivity Improvement Project’ to improve the National Highway 40 (NH-40) and construct a bypass on NH-54 in the Northeast. The project is expected to contribute to the improvement of the intra-regional and international connectivity through regional economic development.

For my esteemed readers exclusive indulgence, let me also inform them that Japan is keen to expand infrastructure projects in Southeast Asia amid China’s OBOR initiative and along with India, it is exploring opportunities to develop projects in ASEAN. This is part of Indo-Japan corridor conceived last year for the Indo-Pacific region that also extends to Eastern Africa under Asia Africa Growth Corridor which is an initiative that would provide an alternative to OBOR, which is being implemented in a non-transparent fashion dictated by China’s interests. Both countries agree that improving connectivity between Asia and Africa is vital for achieving prosperity of the entire region.

It also cannot be lost on us that the two countries have decided to seek synergy between India’s ‘Act East’ Policy and Japan’s Expanded Partnership for Quality Infrastructure’, by closely coordinating, bilaterally and with other partners, for better regional integration and improved connectivity as well as industrial networks based on principles of mutual consultation and trust. Briefly stated, the development of the Northeast is a priority for India and a key to promote its Act East Policy. Japan has also placed a special emphasis on cooperation in the Northeast for its geographical importance of connecting India to Southeast Asia and historical ties. We all know fully well that Japanese forces had fought British in Manipur during World War II.

It is a matter of great satisfaction to note that apart from fresh investment proposals at the summit, Modi claimed that Japan’s foreign direct investment (FDI) to India had actually trebled in the past few years which is a testimony to the growing economic ties. So far, around $ 25.7 billion has flown in as FDI from Japan and the plan is to double this by 2019. Modi and Abe also used the summit to jointly condemn North Korea’s latest nuclear test and uranium enrichment activities, urging the hermit nation to comply with UNSC resolutions.

To say the least, the talks were not just confined to economic and diplomatic cooperation. Japan has agreed to help India build a convention centre in Varanasi. Calling it a symbol of cultural cooperation between the two countries, Modi said that Abe had conceptualized it during his last visit to the town. Japan and India also welcomed the renewed momentum for trilateral cooperation with the US and Australia and resolved to work with regional partners to ensure a rule-based order in the Indo-Pacific region.

Let me be direct in saying: India and Japan have both realised that to counter China’s hegemony they have to act in unison. Both countries are not on very good terms with China. Japan has also realized that India can be a good partner in security related matters and an alliance will benefit not just India but also Japan which is not so strong militarily.

Kanwal Sibal who is an eminent, most sought after expert in analyzing most complicated foreign affairs and is one of the most reputed former Foreign Secretary of India very rightly points out that, “Both, India and Japan, have problems with China on territorial issues and on Beijing’s muscle-flexing. Japan has long been China’s rival in the western Pacific; now India is seen as China’s potential rival in Asia. China’s hegemonic ambitions in Asia are becoming increasingly apparent. If China succeeded in its quest for dominating Asia, it would be at the cost of India and Japan, and neither country would accept the situation. So far Japan has relied on the US for its security but with Obama failing to oppose China’s expansionism in the South China Sea and Trump questioning the assumptions underlying the US-Japan alliance and creating uncertainty about the future course of US foreign policy, Abe has tried to widen his security options by reaching out to India, which alone in Asia, by virtue of its size, growing economic strength and substantial military capabilities, can check China’s ambitions. Therefore, while the alliance with the US remains the anchor of Japan’s security policies, Tokyo is enlarging its security base by drawing closer to India.”

All said and done, both India and Japan have a lot to gain from each other. It is most heartening to note that in last few years there has been a quantum leap in relations between India and Japan and both countries have come a lot closer to each other than earlier. It is certainly a matter of some concern that there has been a decline in India-Japan trade from $18.61 billion in 2012-13 to $13.48 billion in 2016-17, though Japanese investments in India have increased. This needs to be set right on a war footing. It cannot be ignored that earlier it was Abe who was the driving force in making the India-Japan Civil Nuclear Agreement operational. Abe’s visit has certainly come as a shot in the arm in the bilateral relations between India and Japan and India has many reasons to cheer for this visit.

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Safety And Security Must Be Given The Top Priority

Let me begin by first and foremost expressing my profound sorrow and grief for the lives of all those who have died in Mumbai on September 29 because of poor infrastructure in our railway stations. Those who have lost their near and dear ones are very angry and very rightly so! Safety norms are accorded the last priority in our country.

Instead Swachh Abhiyan is accorded the first priority which can only ensure cleanliness but not safety and security of citizens. PM Narendra Modi has made it very clear time and again which he keeps repeating every now and then that Swachh Abhiyan is his top priority and all citizens must contribute. Why so casual and disingenuous approach towards security and safety of people?

No one can disagree with the PM that Swachh Abhiyan should be accorded importance but I strongly disagree that it should be given top priority. I also very strongly believe that cleanliness is next to Godliness but hell to cleanliness or Swachh Abhiyan if safety and security is not provided. People will be killed in large numbers as we are seeing right now before our eyes how so many precious people have died. This keeps happening time and again yet no lesson is learnt and once again Swachh Abhiyan which is PM Modi’s pet project starts capturing all headlines in all news channels and at other places.

What is the point of Swachh Abhiyan if people are not safe and they can get killed anywhere because of total criminal apathy of officials in maintaining bridges, rail bridges, platforms, roads, flyovers etc? To hell with it! People want safety first. People want security first.

Why when our soldiers are daily getting killed since last many decades on borders as also other places and so are the people at the hands of Pakistani soldiers and terrorists sent after fully training and arming them by Pakistani Army and ISI is our political establishment not ready to nuke all relations with Pakistan? Why India is not ready to revoke the unilateral Most Favoured Nation (MFN) status to Pakistan which we had wrongly conferred on them way back in 1996? Why trade and commerce with a country that exports death, terrorists, terror and havoc in India?

Why Centre is ready to deport Rohingyas who illegally entered India but not those Pakistanis who keep shouting slogans in support of Pakistan and keep waving Pakistani flags and keep burning Indian flags and want India to become Pakistan? Why Rohingyas were allowed to go as far as Jammu and Kashmir and settle there which can disturb the extremely hostile atmosphere much more and worsen the already complicated situation there? Why were they allowed inside India at the first place?

Why so negligence towards the safety and security of people? Why even the slaughtered bodies of more than 45 Hindus at the hands of Rohingyas is not forcing politicians to become more security conscious? Why are States being allowed to play vote-bank politics?

Why terrorists are repeatedly killing our soldiers as happened with Lt Umar Fayyaz and now with Mohammad Ramzan Parray but Centre is refusing to arm them with weapons by which they can defend themselves and their family? Parray was shot dead and 4 of his relatives were injured including one women relative. But still Modi keeps talking Swachh Abhiyaan! Why is safety and security relegated to second place when it comes to people but accorded highest priority when it comes to politicians especially those who are Ministers or Chief Ministers or Prime Minister?

Safety and security of people must come first, always and every time. Everything else later! Why those who attack our soldiers are not treated as Pakistanis and enemy soldiers? Why are they dealt with soft cushion? Why no hard line policy is followed in dealing with them?

Why no surgical strike against traitors sitting in India who keep inciting violence and keep attacking our soldiers with stones, grenades and other weapons? Why are they allowed to roam free? Why security is provided from taxpayers money for separatists Hurriyat leaders who keep ranting against India and why even when police officer deployed for their security is killed most brutally by their followers publicly does Centre not withdraw all security to them?

Why even Supreme Court Judge Anil Dave too had said that he too was concerned about security worth crores being spent on Hurriyat leaders? Do they really deserve it? Why are they not sent behind bars and why only house arrest for them even when their hand is explicit in so many terror cases?

Why when Kuwait can severe all ties with Pakistan and order all Pakistanis to leave their country as they keep encouraging terror activities is the same policy not followed in India even though it is India and not Kuwait which has lost more than lakh soldiers to proxy war sponsored by Pakistan? Why can’t all Pakistanis be told to leave India? Why we allow security breach by permitting all kinds of people like Pakistanis in India?

Why MFN status for Pakistan? Do they deserve it? How long will appeasement policy continue and that too not of Indian Muslims but of Pakistan which is our sworn enemy? Why the huge army of Pakistani diplomats not reduced to the minimum? Why they are allowed to meet Hurriyat leaders and spread hatred and conspire to harm India in the worst manner?

Why those corrupt officials, babus and netas who mint money and compromise on safety and security of citizens by making third rated bridges, roads, rail platforms not punished most severely? Why Prevention of Corruption Act is not amended to mandate compulsory death penalty for those indulging in corruption and due to which people lose their precious lives? Why just keep talking only about Swachh Abhiyaan and caring a damn for security and safety?

Why Citizenship Act is not amended to ensure that those who burn Indian flags, chant pro freedom slogans and abuse India are deprived of citizenship and sent to the country in whose support they raise flags and shout slogans as we keep seeing in the case of Pakistanis? Why Centre is not enacting a Uniform Criminal Code or Uniform National Code to ensure this? Why should sedition be applied on those who don’t consider themselves Indians?

Why they should not be deported to the country which they like? Why is citizenship being forced on Pakistanis who hate India? Why should they be given the benefits of Indian citizenship? Why should they not be treated like foreigners and Pakistanis who have just no right in India? Why no surgical strike here?

Why when Centre can spend lakhs and crores on bullet trains is it unable to spend few crores on the safety and security of citizens? Why the lives of ordinary man in India considered so cheap that every year we hear thousands losing their life in one tragedy or the other and most of them due to lack of safety and security measures like rail tracks not being repaired in time etc yet Centre accords top priority to Swachh Abhiyaan and not to safety and security of citizens?

It is high time and now Centre must take suggestions and constructive criticism in the right spirit and implement them earnestly. Centre must always espouse Swachh Abhiyaan as PM desires but not at the cost of safety and security of citizens which has to come above everything else! No compromise should be made on it even if UN criticizes us or UK based human right organizations like Amnesty International criticizes us or anyone else as we see in China which alone explains that why it is treated with awe and respect!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Reveal Action Taken Against MPs Whose Assets Shot Up: SC

Coming straight to the nub of the matter, let me start by first and foremost pointing out that with the income and assets of 11 Rajya Sabha and 26 Lok Sabha MPs showing a phenomenal jump, in some cases even more than 800 percent, the Supreme Court on September 6 asked the Centre to reveal what action was taken by the Central Board of Direct Taxes (CBDT) against the high profile elected representatives after this list was submitted to the agency by a NGO way back in June 2015. Why no strict action against them? Why has a long rope been extended to them?

While craving for the exclusive indulgence of my esteemed readers, let me inform them that since the list included party bigwigs, several Ministers in the Central Cabinet and former Ministers, the Court gave CBDT the choice to submit action taken information to Court by September 12 either by way of affidavit or in sealed cover. This is a very serious issue as it concerns the integrity of our MPs who are the lawmakers of our nation. The Apex Court was hearing a petition by NGO Lok Prahari represented by former bureaucrat SN Shukla seeking transparency in disclosure of source of income of assets of candidates, their families and dependents in the nomination form. Shukla rightly demanded that such investigation must be time-bound and the names be revealed in public interest.

For my esteemed readers exclusive indulgence, let me also inform them that the list of Rajya Sabha MPs whose income showed a phenomenal rise in five years period included Shiv Sena MP Sanjay Rout (841 percent increase), BSP’s Satish Chandra Mishra (698 percent), Congress’s Jairam Ramesh (659 percent), Congress Ambika Soni (501 percent), BJP’s Piyush Vedprakash Goel (214 percent), BJP’s Mukhtar Abbas Naqvi (154 percent), Samajwadi Party’s Amar Singh (138 percent) and RJD’s Ram Jethmalani (119 percent) among others. I very strongly feel that they must be asked to explain how their income showed a meteoric risein five years period. I also am of the firm opinion that if they are unable to satisfactorily explain why their income showed such a meteoric increase then that should be seized away from them.

No doubt, if this is done so, it will send a right, loud and clear message to all that MPs too are not above the law. They too will have to face the axe if they dared to violate the provisions of any law. They will not be treated as being above law just because they are MPs.

Let me submit here that the increase was measured by comparing their affidavit submitted in 2016 with the assets declared in the previous election. The Lok Sabha list of reelected MPs whose income and assets between 2009 and 2014 grew by over 500 percent included Congress chief Sonia Gandhi (537 percent), BJP’s DV Sadananda Gowda (588 percent), BJP’s Arjun Ram Meghwal (608 percent), SP chief Mulayam Singh Yadav (613 percent), BJP’s Varun Gandhi (625 percent), BJP’s Shatrughan Sinha (778 percent), AIADMK’s P Venugopal (1281 percent), Trinamool Congress’s Sisir Kumar Adhikari (1700 percent), Muslim League’s ET Mohammad Basheer (2081 percent) and BJP’s Kamlesh Paswan (5649 percent) among others. This merits a serious and impartial probe.

Let me hasten to add here that the CBDT received this list from Lok Prahari on June 30, 2015. The CBDT in an earlier affidavit had revealed that the list was forwarded for action to the Director General Income-Tax [DGIT] (Investigation). The Bench of Justices J Chelameswar and S Abdul Nazeer of the Apex Court found the affidavit vague and sought details of action taken against persons named in the list.

Needless to say, it is most unfortunate that the Apex Court found the affidavit vague. It should have been very clear right at the first instance. But the CBDT failed to do its homework properly on this which caused the Supreme Court to raise its eyebrows!

What is most concerning to note is that the Supreme Court observed on September 12 that, “MLAs and MPs who face investigation for possessing wealth disproportionate to their known sources of income, always tend to bounce back to power. This is a phenomenon seen in the past 25 to 30 years.” The hearing on a petition filed by Lok Prahari seeking a mechanism to investigate the source of income of politicians, saw the Centre give details of a probe into the assets given by Lok Prahari of 26 Lok Sabha members, 11 Rajya Sabha members and 257 MLAs in a sealed cover.

To put things in perspective, a Bench of Justices J Chelameswar and S Abdul Nazeer asked if this phenomenon of returning to power, coupled with the mercurial rise in the assets of politicians just within a span of five years between two successive elections, was a product of ineffective investigation or of some “immunity” provided to them. Justice Chelameswar addressed the government saying that, “If an MLA’s or MP’s assets have seen a 10X [10 times] rise in 2019 from what he revealed in 2014 should you not conduct an inquiry into the very propriety of a person holding public office enjoying such phenomenal rise in his assets… The moment a candidate has shown 1,000% increase in his income in the past five years, please have a mechanism to conduct an enquiry.”

Not stopping here Justice Chelameswar also held that, “Income under each head should be probed. All these should be inquired. The public needs an answer. The people should get to know the state of affairs. It is not enough that a legislator discloses a legitimate source of income. It is important to inquire that how did the person get in that position to earn that income.”

As it turned out, the Supreme Court on Septemebr 12 asked the government to consider legislating on setting up of new fast track courts to expedite criminal case trials against parliamentarians and legislators. The Apex Court Bench which was given the names of seven Lok Sabha MPs and 98 MLAs across the country by the CBDT whose assets had seen a substantial hike in between two elections, also said it had perused the names of these politicians and will examine the issue. The verification is pending against 9 Rajya Sabha MPs and 42 MLAs. It said Parliament had the competence to come up with a law and create necessary infrastructure for setting up of such courts for speedy disposal of cases against lawmakers.

Be it noted, the Bench said that, “With regard to MPs and MLAs, it falls under the domain of Parliament. It has the necessary competence to come up with a law. Make law and create necessary infrastructure. Except for some specific tribunals, no new courts have come up. You (Centre) should create new courts and infrastructure as at present, the Government of India is spending only one or two percent of the budget (judicial system). This would also reduce the huge pendency.” It also pulled back no punches in pointing out that inadequate infrastructure in the courts was resulting in pendency and said that Parliament should pass laws and create fast-track courts for speedy disposal of such cases against the lawmakers. Attorney General KK Venugopal agreed that fast track courts were the need of the hour and said that some such courts have in the past done an excellent job and several people, especially those in jails, were benefitted by the system.

To put it bluntly, taking a strong exception to the Centre’s failure in disclosing action taken against politicians whose assets have jumped manifold between two elections, the Supreme Court on September 6 ordered the government to place the necessary information before it within seven days. The court pulled up the government after its counsel failed to provide data on how many enquiries has the Central Board of Direct Taxes (CBDT) initiated against politicians whose assets have seen a massive jump, in some cases up to 500%, after their elections. It said that, “Why can’t you (central government) provide basic data? You are not averse to electoral reforms but have not placed any necessary details. Is this the attitude of the government of India? What have you done till now?”

Truth be told, Centre said it was not averse to the prayers made in the PIL but the directions sought did not lie within the judicial domain. The counsel argued that an elaborative consultation process has to be undertaken to amend the law. He said that, “All stakeholders need to be taken on board. Data needs to be elicited before we can suggest the changes”. He cited the Centre’s flagship project – Swachh Bharat Abhiyan and said “It is not about cleaning of garbage only”.

It is a no-brainer that the lawyer’s eloquence failed to cut ice with the Bench. It said that, “You better file a detailed affidavit. This affidavit which you have filed is nothing but typed papers. Do not make vague statements. If the CBDT has taken some action, please disclose what action has been taken”. The Bench, however, gave liberty to the government to furnish the data in a sealed cover and also told the lawyer that give reasons if you do not want the information to be made public.

Truly speaking, Association for Democratic Reforms (ADR) which is an NGO working in the area of political and electoral reforms too has moved an intervention application in the case. It has claimed that assets of 4 current Lok Sabha MPs have increased by 1200%. 22 MPs have declared an asset increase of over 500%. One newly elected Rajya Sabha MP Anil Madhav Dave has declared an asset growth of over 100% since he last filed his affidavit. It also said that seven other newly elected Rajya Sabha MPs have declared increase of over 200%.

On the face of it, the CBDT in its affidavit had indicated prima facie discrepancy with known sources of income in the case of 7 Lok Sabha MPs and 98 MLAs but on the disclosure of names, the affidavit stated that investigation report by DGIT is exempt under Section 24 of the Right to Information Act 2005. Hence these reports cannot be shared in public. But the CBDT added, “The certified true copy of the reports received from DGIT (Investigation) will be submitted separately in sealed cover for the perusal of the Supreme Court.”

It must be added here that the Attorney General KK Venugopal pointed out that the right to privacy now declared a fundamental right, the returns filed by individual candidates is part of his/her privacy that needs to be protected. The Bench said it will have to be balanced against the citizen’s right to know under Article 19(1)(a) for determining which interest is superior. Although Centre refused to disclose details claiming immunity available to DGIT investigation under Right to Information Act, the Bench wondered whether such immunity can exist for lawmakers when people have a Constitutional right to know details of their elected representatives. Justice Chelameswar quoted the Vohra Committee report pertaining to nexus between politicians, businessmen and bureaucrats and said nothing has changed since then! Absolutely right!

“What happened after that? Is it not high time we did something about it?” the Apex Court asked Venugopal as it reserved its order on a PIL that wants it mandatory for politicians to declare their and their family members sources of income at the time of filling up nomination papers. The department court felt, should ascertain the factors that lead an MLA and MP to amass huge wealth within a short span of time.

All said and done, Centre must come clean on it. When PM Narendra Modi wants highest transparency from the people by giving the detailed account of each and every source of income then why should MPs and MLAs be exempted from it? Why should political parties be exempted from it? Why Modi has never spoken on this? Why even no explanation has been sought leave alone action from those MPs and MLAs whose assets have shot up immensely in a very short span of time?

Let me be direct in asking: Why BJP and Congress got 77% donations from unknown sources in 2016? Even Delhi High Court had recently expressed its anger over BJP and Congress getting foreign funds which they were unable to explain the sources from which they got! Supreme Court is absolutely right that Centre must reveal what action it has taken against MPs whose assets have shot up disproportionately! Centre just cannot afford to be a silent spectator as by doing so it will only invite the ire of the highest court of India – Supreme Court! When Centre wants people to give their account of each and every rupee then why MPs and MLAs should at all be exempted? Why Centre allowed a former Rajya Sabha MP and a big business tycoon Vijay Mallya to escape very conveniently to England even after he owed Rs 9000 crore to various banks and had not paid salary to his employees for a long period? Why among the unknown sources of funding, maximum funds were collected under “voluntary contributions” by the BJP, which amounted to Rs 459.56 crore in fiscal 2016 as was revealed by Association for Democratic Reforms? Why rules and regulations only for common man? Why not for MPs, MLAs, political parties and powerful?

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

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!

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? If Lucknow is capital of UP, Bhopal is also capital of MP, Bhubaneshwar is also capital of Odisha and so is the case with many other big cities which neither have high court nor bench!

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.

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 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 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.

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