Me Lord! why such Urgency is shown in select matters . At times the apex court stumps us by their decisions..A confused citizen.
Disclaimer: This is an independently written article by the author without allegiance to any political party, ideology or government.
Yesterday amidst all the drama and frenzy from the morning in the Jehangirpuri area of Delhi where the BJP led NDMC started removing illegal constructions and encroachment, came the news that the apex court – supreme court has issued a stay order for the same. There are times when the highest court of the country has shown tremendous alertness and there are also occasions where it has allowed everything to happen under its own eyes. For example, another case where the court issued stayed order was in the hanging of Kasab the Pakistani terrorist who blasted Bombay and Taj (https://economictimes.indiatimes.com/news/politics-and-nation/supreme-court-stays-ajmal-kasab-death-sentence/articleshow/10308732.cms?from=mdr).
There are cases where the court has remained silent also. For example, immediately after the last Bengal state elections, there were a slew of cases against BJP workers and volunteers by the TMC led goons. A petition was filed in the apex court for deploying central force which the hon’ble court denied very recently. (https://timesofindia.indiatimes.com/india/supreme-court-rejects-bjp-plea-for-central-forces-in-west-bengal-civil-polls/articleshow/89841156.cms).
WE, therefore, don’t know when a situation becomes humanitarian enough to catch the eyes of the courts to stay things. There is a plea pending in the apex court filed by one Ashwini Upadhyaya for the status of Rohingyas and Bangladeshis staying illegally in the country. Many untoward incidents have come to light that indicate their role in it. However, the apex court has taken note of the appeal. The same illegal people are said to have a role in this Jehangirpuri violence and rioting.
WE also know that we live in the same country where Sikhs were murdered in broad daylight and Kashmiri pandits were thrown out of Kashmir cruelly (even cruel is a light word to convey the atrocities) , but there was no supreme court order for the state or the central governments of the time to stop and maintain law and order.
THis Jahangir puri case , is important because it sends a message to everyone in the country irrespective of the religion that one should not take law and order in their hands. The stone-pelting incidents that took place across many cities in the country is a crude eye-opener for all of us. It exposes the pseudo-democracy and secular India that we live in. The reports that are coming from Khargone, in the southwest of Madhya Pradesh and near Indore is heart-wrenching if one cares to know and hear. Hindu families are so fearful that they dont wish to return back to their homes there despite the state government’s order to back them.
Therefore it was important to send a message to all such rioters ( pl don’t relate it with Hindus or Muslims – rioters dont have any religion let’s be clear on this . My request to Kapil Sibal, Brinda Karat, and all congress, AAP, Left politicians ). In a short time how can this message be sent, is an important question so that the riots can be stopped not only in Delhi but elsewhere also. Despite the police taking control of the law and order situation in Jahangir puri and Khargone, there were reports of intermittent stone-pelting and other mischievous acts even after the first few days of the incident. This shows how BOLD and FEARLESS people have become. In India, we have taken laws too trivial and the price has to be paid by the nation. Let’s not play victimhood and show sympathy towards people who weaken the nation.
It is in this context that we are in full favor of Bulldozing some illegal structures and sending a message to the rioters that the admin cant remain silent and this nonsense has to be stopped. IN fact, this has worked well until the congress came to the rescue of rioters in Khargone where miscreants again started their acts once they got the backing.
WE all live in a fragile democracy. Democracy can’t survive unless w have very strong law and order situation because we all get the right to express ourselves by the constitution. Anyone can say and do anything, that is our constitutional rights. Some time back the apex court itself ha issued direction on this right of expression when there was too much noise on social media and stand-up comedy shows.
However, the court has also to see how the administration can control such rioting acts not only in Delhi but across the country. By using a stay order the court has just ventured out of its domain and has interfered into a law and order situation which was necessary. There was no humanitarian crisis or whatever. At least there was no crisis as bigger than the Bengal violence where actually BJP people were raped and murdered. There was no crisis equal to Sikhs riots where they were burnt alive and there was no crisis as greater than the butchering of Kashmiri pundits right from their homes.
We are no lawyers nor do we hold any legal opinion or expertise. We are common citizens of the country and are concerned about the state of affairs in the country. We don’t believe in decisive religious policies nor we advocate any such biased actions. However, we are of the opinion that a strong law and order framework is necessary across the country to uphold our democracy and make the nation strong.
Such rioting acts will happen in the future also. By making a precedent the court has tied the hands of the administration and police. Of course, these actions were done by a municipal office and not the police directly which was asked just to be there as protection. But we all know that such actions are the only subtle way to send messages rather than police firing and making things more serious.
We can only request the apex court to maintain its standards of JUSTICE for one and all and not get swayed by big legal experts of the nation who make a situation of humanitarian crisis. Me lord there was no humanitarian crisis that needed your interference. The courts should have outright rejected the plea for stay and allowed NDMC and police to conduct their work.
We wonder how the rioters will be handled in the future. But if the situation becomes difficult and people get killed the apex court must certainly share at least some of the blame for those incidents. Law and courts cant remain BLIND to the social status and happenings in the country. Legal knowledge has to be applied in consonance with other factors. As a non leagl person atleast that is what our common sense says. Rest the court knows better.
Note: These are our frank and honest opinion without malice to any individual, organization, community, or hon’ble court. We believe in our constitution and a strong democracy that is equal for one and all. We don’t believe in religious biasedness of any kind. We apologize to the court if they feel offended by our opinion but we just exercised our right to expression without ill-thought or feeling towards anyone. We don’t know if the Bulldozing was related to the Jehangirpuri riots for sure.
Dr Asheesh Shah
with best wishesSamanvaainya