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!
No comments:
Post a Comment