Friday, June 4, 2021

 Vinod Dua get a pass

The Sedition law is clear: The Section 124A of the Indian Penal Code states: “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India shall be punished…” Did the Journalist’s several outbursts on the air and in print attracts the IPC 124A? He did, for sure! But the Supreme Court Bench of Justices UU Lalit and Vineet Saran (who are the final authority, not infallible angels!) rules now that “every journalist is entitled to the protection under the Kedar Nath Singh judgment(which defined the ambit of the offense of sedition under Section 124A IPC, quoting an earlier (1962) judgment of the SC -Kedar Nath Singh vs the State of Bihar) which read down Section 124A IPC and held that the application of the provision should be limited to "acts involving intention or tendency to create disorder or disturbance of law and order; or incitement to violence." How would their Lordships measure the “intension” or “tendency”? I suppose they would wait for the results when the executive will find it difficult, as well as expensive to contain the disorder, rebellion or riots!

I think these days one can notice a powerful and obnoxious odor of mendacity in the Courtroom; certain judicial arrogance to thwart the executive for the fun of it, encroaching on even the legislative prerogative of people’s representatives without going into the Constitutional provisions of judicial powers and the separation of powers between the legislature, executive, and the judiciary!

Free Speech, works only if nobody gets a waiver. The Courts have often sided with the Left-liberal ecosystem stretching their definition of FoE to sedition have no moral standing in denying others the freedom to express their patriotic feelings!

The Supreme Court’s attitude n Vinod Dua case shows that it would rather jeopardize the safety of and security of India than the liberty of those of the wo/men who continuously spread canards against the legally established Government of India and the sneering disrespect for legal authority and democratic processes. The Judges of the highest Court ignores the fact that newspapers and news tv channels are the most important sources of news for the public. If they resort to freely disbursing fake news and disruptive ideologies to attack the elected government spread disaffection, and destroy the unity and integrity of the government, eventually the peace of the realm is destroyed, and the people suffer; the nation suffers!

The case also exhibits the limitless judicial arrogance in rejecting the plea to direct the State Governments to constitute preliminary inquiry before FIRs are registered against “senior journalists” (hierarchy!) observing that it “would amount to encroachment upon the field reserved for the legislature”. Look who’s talking! Precisely in this context, I would like to introduce that strange phenomenon, a former Supreme Court Judge and former Chairman for the Press Council of India, Justice Markandey Katju! He has announced that he would depose as a witness for absconding diamond merchant Nirav Modi, prime accused along with his uncle Mehul Choksi in the INR 14,000 crores ($2 billion) Punjab National Bank (PNB) scam. This paragon of all judicial knowledge and human virtues of head and hear hs emphatically said that he would not be commenting on the merits of the case; but   would only say that his client ‘Nirav’ would not get JUSTICE in India. I dare say if Vinod Dua gets a pass, Nirav Modi also should! He only stole some money. Corrupting the minds of people with pathetically negative, inaccurate, and unreliable, and fake stories in an orgy of schadenfreude and hypocrisy, belying the trust in ‘independent’ media, is far worse than that!  

 

 

 

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