Month In Perspective - October 2024
These days highest court of the land, the Supreme Court is making lot of noise about ‘bail is the rule and jail is an exception’. According to the legal luminaries of the apex court, this principle is applicable to offences under even special statuses like the Unlawful Activities Prevention Act (UAPA), so also under PMLA or Prevention of Money Laundering Act.
Judges of the Apex Court passed the order under UAPA while granting bail on 13/08/2024 to a man accused of harboring suspected terrorists. The accused in the case is one Jalaluddin Khan, a retired police constable.
Then comes the caste of Ms. K. Kavitha, a Bharat Rashtra Samithi leader and daughter of BRS strong man K. Chandrashekar Rao, former Chief Minister of Telangana. She was arrested under PMLA in the Delhi Liquor Excise policy scam. So also Jharkhand Chief Minister Hemant Soren arrested for money laundering.
But here is a case of bail having been granted to the accused person with the condition he will not leave the country. But he left the country leaving the people to whom he owed money and one of them committed suicide seeing no hope for recovery after the accused fled the country.
Reportedly a women had approached the court in Nashik to request the cancellation of bail granted to persons accused of driving her husband to commit suicide. The case invited partners Kashyap Mehta, Shivaji Irmali, Suresh Jain, Sunil Kothari and Mayank Jain of Orchid Housing Infra LLP (OHI). They had allegedly failed to pay Rs 4.5 crore owed to one Hemant Vinayak Pawar, of Venkatesh Construction.
He committed suicide unable to bear the financial stress due to unpaid bills of his construction work for OHILLP. He committed suicide on 16 March 2023 but Nashik Sessions Court granted conditional bail to the accused on June 2023, with restriction on leaving the country, but violating the condition they travelled abroad. Hence wife of Hemant Pawar, Omprabha has applied for the cancellation of their bail.
This is the result of bail is the norm and jail is the exception. Do you hearken Justice D.N. Chandrachood!
Then there is another case in Baraili. A report datelined Baraili “man acquitted after 40 days in jail”, informs it to be a fake conversion case, stating it’s a tale of injustice and suffering, where the innocent accused Abhishek Gupta was kept in jail for 40 days before being released on bail. It happened on May 29, 2022 and on July 30, 2024 the court in Bareili delivered its verdict acquitting Gupta and his associate Kundan Lal of all charges under the Prohibition of Religious Conversion Act, and exonerating them fully, after cancellation of bail. The case had dragged on for 2 years.
In this case, the failure of bail to the alleged accused had forced the innocent to remain in jail for 40 days. Here was a clear case of bail first and jail later. But reverse happened. Hence, the apex court needs to resist their exhortation of BAIL IS THE NORM AND JAIL IS THE EXCEPTION.
And there are any number of cases where injustice and violence was forced on innocents due to the accused having been granted bail. Sadly even media is playing to the gallery invoking principles of freedom.
MAHARASHTRA: PORT IN PALGHARSome weeks ago there were 2 reports in a Mumbai based print media “Vadhavan Port will be the epicenter of trade: PM,” was one and “Fishermen show black flags on PM” was the other, on the same page.
The first one was the occasion to cover the foundation stone laying ceremony by Prime Minister for the Vadhavan port in Dahanu in Palghar district in Coastal Maharashtra. It is likely to be among the world’s 10 deep water ports handling mainly containers. This container handling port will in all probability become an epicenter of trade and commerce with massive infrastructure development that will come along with the development of port for its connectivity. Dahanu is not far from the national highway and railway connectivity, therefore the proximity of sea and land has combined for this development at Vadhavan. This will for sure lead to multiplier effect from the economic development point and lead to increased socio-economic activity leading to increased employment opportunities, increased opportunity for small and medium sized industries and the related economic off-spin.
Thus the remark of Prime Minister Modi that “port would transform the entire region due to railway and highway connectivity” is very well taken. According to PM Modi “This Rs 76000 crore project would create opportunities for new businesses and warehousing owing to its connectivity to the dedicated Western Freight Corridor and proximity to the Delhi-Mumbai Rail corridor, which will open up cargo to flow in and out of the region throughout the year, thereby greatly benefitting the people of Maharashtra”.
However fishermen from Palghar and surrounding area of Versora, Vasai, Uttan, Raigad and Sindhudurg are not amused. Reportedly they have strongly opposed the Vadhavan port development by waving black flags and raising slogans against PM Modi. According to the Chairman of Akhil Maharashtra Machchimar Kriti Samithi, “this port will completely destroy the fishing industry. The port will reclaim 5000 acre of sea and create an additional restricted area of 30000 acres which will significantly limit fishing zones”. This was reportedly corroborated by CMFRI (Central Marine & Fisheries Research Institute) which stated that ‘according to their findings, the construction of the port will directly impact 16 fishing villages in the Palghar district.
While the problem of fishermen are real, the port at Vadhavan may be a reality, but there has to be some way to protect fishermen’s livelihood, as probably it has happened everywhere when a new port was developed. As we are aware in our own Mangalooru, with the establishment of New Mangalore Port at Panambur. It’s been there since over 50 years and both, -Port and fishermen- are coexisting. So the government would do well to address the concerns of these fishermen, in whatever way it’s possible to reduce the likely impact of port development at Palghar. Hope both sides rise to the occasion.
MUMBAI: POLLUTION POLLUTED!Has there been any visit by officials of any state pollution control board members visiting a site to inspect violation of pollution norms raising hackles anywhere? Not heard of, unless it was some planned hanky-panky by whosoever concerned.
Here is a case of Maharashtra Pollution Control Board chairman, accompanied by some 35 officials reportedly visited the Mercedes Benz plant at Chakan, on the outskirts of Pune, some weeks ago. It is true that normally Chairman does not lead the team of officials to visit any industrial plant violating anti-pollution norms. But that a chairman cannot be part of the raiding team of PCB officials is not a case at all. He has all the rights to lead or to accompany the team of PCB officials within a given state, in this case Maharashtra. According to report datelined Mumbai, Siddesh Kadam, the chairman of MPCB had raided the plant in question and the team had found that violations of regulations were observed. Here, the Mercedes Benz plant, per se, had no issue and for sure they will address the issues raised by MPCB in accordance with the law. But the problem is for one Vijay Wadethiwar, an opposition leader in the Maharashtra state assembly (MSA). He has questioned the knowledge and experience of the MPCB chairman to lead a PCB officials team, so also, he questioned how MPCB Chairman visit any plant without giving them notice! Here it is more than clear, that this Wadettiwar is reading without books. Either he is totally ignorant of how PCB works, or he has vested interest in letting the Benz plant know in advance about the visit of PCB officials. He is clearly playing politics.
After all PCB is an enforcement agency. Its visit has to be a surprise unannounced visit, so that, the tracks of those who are indulging in violations of pollution norms, if any, is exposed. If the perpetrators are told in advance, for sure, they will cover their tracks, before the PCB officials visit the plant. Then the whole exercise of raid will be futile.
Hence the question arises what is the problem of Opposition Leader in MSA Vijay Wadettiwar on the visit of MPCB Chairman & team visiting Mercedes Benz plant?
KERALA: JUSTICE HEMA COMMITTEE REPORT
All committees are generally formed, in cases of issues to go into, deliberate and come up with a statement of its findings, its comments and solution if any recommended by the committee. Such committees are a normal development in any open civil society with democratic public space.
Whenever such committees are formed with some judges heading the committees, it can be construed to be a serious matter and if the committee is headed by a lady judge, then the matter must have been, without doubt, a very serious issue.
No wonder, when Kerala government decided to form a committee headed by Justice K Hema sometime in 2020 to go into the working condition of women in the Malayalam film industry, it must have had good reasons to constitute this committee. The elected government of Kerala apparently was worked up with the state of women in the Kerala celluloid world. Their conditions of working, if exploitative, as people’s government, it was quite natural for the LEFT government in Trivendrum to get disturbed and decided to find out the truth of allegations of all kinds coming from Mollywood.
Although it took fairly a long time of over 4 years, the Justice Hema Committee did not disappoint the LEFT government of Kerala with its devastatingly explosive report on the goings on within the confines of Malayalam film industry (Mollywood).
A media report datelined Thiruvananthapuram writes “The Malayalam Film Industry – which has produced some outstanding movies that have gone on to win national and international acclaim – has an underbelly that is rotten and stinking to the core”. This is the crux of the Justice K. Hema Committee Report (JKHCR) that was released recently by the Kerala Government.
The committee that went into the working conditions of women in the Malayalam film industry had some shocking revelations to make, including details of how an all-male criminal gang controls the industry with an iron grip, informs the report.
Report was released under RTI. The 295 page report excluded some 63 pages which had particulars of women who narrated details of shocking sexual harassment, harrowing work experience and how powerful actors, producers and directors, sought sexual favors for surviving in the industry.
The murky details of abuse and harassment of women are really distressing and horrifying to say the least. Some 51 persons reportedly deposed before the committee. According to details in the JKHCR, there is a lobby akin to ‘mafia’, because it wields the power to make or ruin careers. It is so powerful that it can ban prominent directors, producers and actors. Casting couch is the norm. This powerful lust filled lobby determines who will stay in the industry. Actresses are told to pose in nude to ‘test’ their acting skills. Young actresses were told not to make fuss while agreeing to sleep with directors, producers and actors. Actresses were made to take multiple retakes of intimate scenes. Besides new comers and junior artist didn’t have proper canteen facilities with many times served stale food forcing them to go hungry even during late hours. They had no fixed working hours. They could be working from 7 am to 2:00 am the following day with no overtime or transport facility. They had to use filthy makeshift loos with just a cloth serving as door.
According to grapevine, there were concerted attempts to stall the report from being made public. But the LEFT government of Pinrayi Vijayan should be congratulated for making the JKHC Report public. For sure it’s going to be a minor earthquake in the corridors of Malayalam Film Industry, the Mollywood.
UTTAR PRADESH: DALITS ARE HUMANS TOO
That Uttar Pradesh is not necessarily an Uttam Pradesh that Yogi Adityanath is trying to portray is not in doubt. It can be even very bad at times. For long Uttar Pradesh election results used to indicate the possible government at the center. We have seen and UP has witnessed in 2019 Loksabha election how it was a sweep in favor of ruling NDA or rather BJP. It was hoped this time too, in the 2024 Loksabha election. It could have been so with improved Law and Order situation across UP and Ayodhya temple having been formally consecrated after long last, it was hoped to be a foregone conclusion that NDA will romp home in UP. In the event however it was a bad news for INDIA. It lost rather badly in some pockets.
Samajawadi Party (SP), a family outfit of Mulayam Singh Yadav with son Akhilesh Yadav calling the shots now, is no lover of poor and marginalized, but made significant inroads into the Yogi Adityanath leadership. Marginalized were not a party supporting SP, but in the absence of Mayavathi’s Bahujan Samaj Party (BSP), it opted for SP, just to ‘cock-a-snook’ at NDA/BJP of Yogi. And 2024 election fairly indicated where the wind was blowing.
NDA/BJP, glum faced, sat to analyze what went wrong, but the morons within the leadership failed to read the mood of Dalits who are a significant section of UP. Dalits have suffered everywhere where BJP ruled, due to the high handed and even cruel behavior of high caste Hindus towards Dalits. After all vote is the only way to express their anger, with even police and administration having failed to protect them.
And comes this story of 22 years old Arjun Pasi, a barber. He was shot-dead for reasons which no civilized world will take it without a sense of horror. Arjun, his mother tells, that he used to give haircuts for some 6-7 people almost regularly who would come and have haircut but would leave without paying Arjun for the haircut. Last time, he dared to ask for his cutting charges. It cost him his life. He was shot and killed for daring to ask for his hair-cutting charges. Isn’t this bizarre! Shouldn’t these high caste criminals too are equally shot as punishment for shooting and killing an innocent barber for no fault of his. He only asked for his labor charges. And Yogi Adithyanath government is fiddling its fingers with no police action against the killers. Will our great justice man, Prime Minister Modi do something for Dalits instead of going to Russia and Ukraine! They are not his priority. His priority is Indians’ welfare. Do you hearken Narendra Damodardas Modi! This casualness will prove costly in future elections, mind you!
NEW DELHI: HASINA PROBLEM
Since the upheaval of a different kind that rocked Bangladesh that led to the exit of Sheikh Hasina from both power and the land she ruled, she found a home in India, courtesy the Government of India. Her stay was expected to be short, until she would leave for her planned destination to the UK. But as luck would have it, UK refused to accept her, and she remained stuck here in India. Everybody knows that her stay in India is definitely a potential problem. So there should have been some visible effort from her side as well as from the Indian government side to see that something positive happens for her to leave India and go somewhere else. Indian public is in dark as to how long former Prime Minister of Bangladesh would stay in India or when she would leave. This is one problem. Now there appears to be another, more sensitive problem.
There was this report in the print media datelined Dhaka “Keep Hasina Quiet: Yunus”. Mohammed Yunus, the interim head of interim Bangladesh government was reportedly speaking to PTI at his official residence in Dhaka. According to the report Mohammed Yunus has accused Sheikh Hasina of making political remarks while being in India. Allowing her to make statement against Bangladesh, while being in India is an unfriendly act on the part of India besides Hasina has proved herself to be a bad guest.
Clearly Mohd. Yunus is not wrong. In the first place, India should have made it abundantly clear that she will not make any political statement while she is the guest of Indian government. Reportedly Mohd. Yunus, even remarked “Had she been quiet, we would have forgotten it, people would have also forgotten it as she would have been in her own world. But sitting in India, she is speaking and giving instructions. No one likes it”.
On the part of Government of India, there should have been a public response to the remarks of PTI, which if there was one, no media outlet has carried. The report informs that Bangladesh government has conveyed its displeasure verbally but firmly that it’s an ‘unfriendly act’. So Indians are entitled to know what is the response of government of India, and why not!
HARYANA: PETTY POLITICS OF BJP
Something is seriously not alright with the biggest political party of India, the Bharatiya Janatha Party or the BJP. After being in the fringes for a long time, it has emerged as the party with most vote share and party with most seats in both Parliament as well as assemblies all over the country. And it is expected to remain dominant in the foreseeable future, not because it has performed well, but because its support base was ballooned. It’s also true that they have less cases of corruption in the corridors of power, which may not be so with other political parties, except Communists or LEFT parties. It has also delivered its promise better than other parties mainly because of the 2014 change in national leadership. With Narendra Modi emerging as the Prime Minister, despite others being in the fray, he has remained at the top for all this over 10 years of national leadership. While it is true that he has many positives to his credit, it is also true that he has his own kind of issues which party hierarchy cannot or would not touch, only he can address them. He suffers from a kind of ego streak which has come in the way of solutions to some of the problems, both government and the party are enduring.
BJP as a party, has called itself a party with a difference. Yes, it’s different from other parties on few aspects. Otherwise it’s mostly same. Being a party with mostly Hindu base, it has some hard core thick headed Hindus who are mostly feudal in their outlook and refuse to fall in line, despite some strong instances of bad behavior against them. The party and its leadership – (read Modi) – refuses or ‘dilly-dally’ acting against these feudal ‘lords’ in the larger national interest. They may be seeing the issue from the election perspective.
Comes this case of Brij Bhushan Shravan Singh (BBSS). He is not only a loud mouth and many times meaningless, he has also been accused of sexual harassment by wrestlers like Vinesh Phogat, Sakshi Malik and others, when he was the Chief of Wrestling Federation of India. Because he was a Member of Parliament, he took it for granted that he is above law. Party should have acted against him soon after the public protest by wrestlers and other sports persons. As usual the party looked the other way, since he was an influential vote getter. That is how in the last Loksabha election they gave ticket to his son instead of BBSS.
Somewhere in early September, print media datelined Chandigarh had “BJP curbs BBSS for abusing Phogat”. He had reportedly remarked the other day that “Vinesh Phogat had cheated and could not win a medal at Paris because God had punisher her”. This was outlandish and exposed his mindset. No wonder Phogat had responded rather sensibly, “If they are saying that they are happy that I didn’t win Olympics, they should be tried for sedition. That medal didn’t belong to me but to the whole nation”.
Waiting for opportunity, Congress nominated Vinesh Phogat for the Julans assembly seat as its candidate in the Haryana election. While kicking off her election campaign she had added to a good measure, “when I returned to India from Paris there was a roadshow for my welcome, and none from BJP local leadership came to welcome me. They only put statements on social media that so much monetary rewards announced to Phogat only as vote gimmick”.
Too little too late, BJP has reportedly asked BBSS to take care and be mindful about his remarks about Haryana wrestlers.
WEST BENGAL: MAMATA DRAMA
That RG Kar Medical College & Hospital rape and murder of a young lady doctor on duty has blown up on the face of West Bengal Chief Minister is not in doubt. She has, kind of, landed on the hard ground with a thud. So she had to enact drama to portray that she is tough and means business. In a hurriedly called cabinet meeting she drafted a law “Aparajita Woman & Child (West Bengal Laws & Amendments) Bill 2024 and got it passed in the assembly too, in double quick time.
The latest law sought to punish those convicted of rape and gang rape with death penalty. This was clearly a brazen attempt to counter widespread criticism of the state government’s gross mishandling of the rape and murder case at RGKMC. Authorities themselves had called the death a suicide with kid glow treatment of college principal, who has been arrested later and a crowd was allowed to disturb the rape scene then a mob of some 7000 ruling party thugs were allowed to tear down the pandal where doctors were protesting and ransacked hospital premises, to declare ‘death to rapists’ slogan sounds rather hollow. As a paper puts it “Nobody is fooled by this bravado. It’s a sham, a make believe bid to pull wool over the people’s eyes.” She is only trying to convey “I am here to defend the honor of women in West Bengal” which was comprehensively negated by her government, both administration and police exposing themselves in the process. The new law cannot hide the incompetence and corruption of the state government.
JAMMU & KASHMIR: ELECTION IN VALLEY
After long last, Jammu & Kashmir shall have an elected government. Election to the state has been announced to be held in 3 phases. Sept 18, 25 and Oct 1 being the time table for the voting. Since the abrogation of controversial Article 370, some 5 years ago, there was rule by the center with governor being the head of the administration. The election is an opportunity for the political dynamics to come out on its own. What it is going to be, is dicey. It is true that last 5 years during the President’s rule there has been a spurt in the infrastructure development, which need not, truly speaking, influence the course of voting in J&K. This time round there are newer combinations trying their luck. So we have to wait and see. Result of the election is stated to be declared on 4th Oct. Hope there will be a stable government to live up to the aspiration of people. But the matter of concern is some of the parties having stake in the election are keen to reverse the controversial Article 370, which sadly includes GOP-Congress. That’s rather very disturbing, although the NDA at the center has categorically stated that there is no way Article 370 will be reversed.
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