Common Civil Code and Real Democracy – 3
As we have seen in part-2 of this blog, to follow a prescribed procedure before launching an agitation, is not a new one.
Every type of protest must have regulations;
This mandate had been framed by MK Gandhi for conducting protest / agitation. It was followed by him, right from when he was conducting agitation in South Africa.
In 1922, at Chauri Chaura, 22 policemen were killed by the agitators who set fire to a police station. MK Gandhi took the responsibility and called of the agitation. Off course the agitation was against an event previously occurred where the police executed gun firing on the agitators, who were agitating in a non-violent way.
Setting Fire to the police station was a reaction of public. Police was not supposed to use bullets against non-violent satyagrahis.
Satyagrahis are supposed to remain non-violent.
MK Gandhi had given a call to agitate, against police firing on non-violent agitators. But subsequent to Chauri Chaura incident, he called of the protest.
Why?
Because the agitators (the public) were not qualified to conduct non-violent agitations.
“Quit India”
The same Gandhi when conducted “Quit India” movement, at that time too, some stray incidences of violence did occur.
But in proportion to the wide spread agitation, the violence were negligible and minor.
Besides this, there were many parties who were against “Quit India movement”. There were enough scope for them to call back the “Quit India movement” by Gandhi on the ground of it was becoming violent.
There is nothing like absolute non-violence according to MK Gandhi.
Besides this, all the leaders were under prison. How can they stop violence? How the British Government can blame the Congress for violence?
While doing agitation, the dialogue has to be prevailed. To put a pre-condition more than once by the authority or the agitators is not permissible.
But we see, in the agitations at, Shaheen Bag, Sindhu border … every mandatory guide line for the agitators has not been followed. The well read judiciary also could not point out this.
Hence in reality, it was not an agitation but a violent pressure by un-qualified agitators.
The agitators were supposed to be taken to task by the state Government. If the state fails, then the Central Government is supposed to dismiss the state government.
But a PIL was filed and the Central Government opted to keep mum. Off course it is a matter of research as to why the Central Government did not punish Kejri and his gang for providing wifi facilities free of cost / at the cost of the public money, and allowing the agitators to block even the highways. Judiciary had also not passed any order. Judiciary was more interested in giving goody goody remarks. It Looked very funny.
Why PIL?
What is mandatory?
What is hypothetical?
In any legal case, there are two or more parties. First is the party which asks for justice. Others are causing the injustice knowingly or unknowingly. If evidently it is in the interest of public, a PIL (Public Interest Litigation) can be filed.
But who will decide the existence of Public Interest?
A PIL has been filed in SC India in connection with the students held up in Ukraine. Everybody knows, that Ukraine does not fall under the jurisdiction of the SC India. SC India should have straight a way rejected the application and it should have also imposed penalty for wasting the time of the SC. Is not it?
No. It is not like that. SC India would like to give some remarks, some emotional remarks to show its sensitivity. Hence it did not reject the application.
The Government is already taking action actively, before any body file a PIL. What to do?
There is a gang, who is rather late this time, in preparing a PIL and filing it before the SC. Had it been filed in time, the SC and the gang could have enjoyed the scope of questioning the Central Government and asking to explain the action taken/ to be taken with the details of quantification.
But the Lutyen gang thought, it is never too late.
Now look at the other’s case.
If “A” feels to file a case against “B”, “A” has to first write to “B” about the injustice. If “A” is not satisfied with the reply of “B”, then “A” has to give a notice to appropriate authority of “B”, with a time limit of 15 days. Then only “A” can go to the lower court. Then lower court if satisfied with the channel “A” has used, can accept the case eligible to register. Then it issues notice to “B/B-s” by the date to the next hearing. This would be further one month or more in general.
Matter of PIL
In the matter of PIL, the SC (though it is always crying heavily and complaining that it is very busy and overloaded with the pending cases) can straight a way accepts the application in many rotten infructuous cases. It also issues notices, takes the matter on hearing on supper priority, and while hearing, it gives goody goody remarks.
The Godi-media of Lutyens (Pet media suffering from Modi/BJP phobia), gives big big “Head Lines” to the emotional remarks of judges to spread with enhanced emotions.
The Gang leaders of Political Analysts with golden frame spectacles, and or French-cut beard or Stalin-cut beard, discuss this sensitive case with sensitive remarks of the SC. This is all necessary to condemn the current central Government (BJP).
It is a matter of research as to why the SC did not corner the applicants in the matter against Abrogation of 370, 35A, amendment of CAA, … NRC, NRP, Farm Law, … where the applicants were/are not ready at all, to specify the injustice. They are even not ready to brief the court of law.
The Court happily passes emotional remarks.
Last but not the least is “the Students held up in Ukraine”
Is it, Rahul Gandhi is the only single entity who spells out one or other remark , simply to prove his existence. There is no shortage of such entities who construct emotional remarks on whatsoever happens in India? Enjoy the fun!!
But how the Common Civil Code will help to make India a real democratic country?
(Continued…)
Shirish Mohanlal Dave