Pardon me, His Excellency! You can’t pardon

Sanjay Dutt was never in news for his professional career so much, as he is for his recent conviction. Upholding the TADA court verdict, the Supreme Court sentenced him to five years imprisonment in connection with his role in the 1993 serial bomb blasts, which shook India’s conscience and India's financial capital on March 12, 1993. Death of 257 people, with more than 700 getting injured flung Mumbai into chaos. In the mean time, three AK-56 rifles, cartridges, 25 hand grenades and a 9-mm semi-automatic pistol finding their way in Dutt's house threw him behind the bars.

Dutt had been released on bail in November 2007. Recently he pleaded before the Hon’ble Supreme Court to let him off on probation on grounds of his past good conduct, but his petition was rejected. The bench of Justices P Sathasivam and B S Chauhan said, “The circumstances and nature of the offence are so serious... they don’t warrant the benefit of the provisions of the Probation of Offenders Act”. While upholding the death sentence of Y A R Memon and the life sentences of 16 (of the 18) convicts the bench further pruned its liberal stand towards Sanjay by saying- We could not have given a sentence less than what is prescribed in law*.
*Section 25 (1(A) of the Arms Act states that if a person has in his possession a prohibited weapon without a licence, he shall be awarded punishment of not less than 5 years imprisonment and not more than 10 years

Fortuitously or regrettably, no verdict of the Highest Court is ever executed in silence. Politicians have to score points, colleagues have to show emotions and people like me have to write blogs… Anyway, Mrs. Jaya Bachchan, Member of Parliament, announced that she will meet Maharashtra Governor K. Sankaranarayanan to pardon Dutt. She subsequently got support from eminent scholars like Mr. Ram Jethmalani, Mr. Majid Memon; and politicians like Mr. Amar Singh and Mrs. Jaya Prada, who were never known to be on the bangs of any mercy controversy ever. Surprising pitched in Behen Ms. Mamata Banerjee showing solidarity to Sanju baba, and also joined in Congress leader Mr. Digvijaya Singh, who went on record to say- "Sanjay Dutt is not a criminal. He is not a terrorist. The atmosphere was bad in 1993 and he reacted to it like any child would."

So pardon him..! If my boss Mr. Ramesh Gupta wouldn’t have been Digvijaya’s lawyer, I would have asked him-Had a common man played this role would he have showed same leniency as he expressed for Dutt?

And interestingly the story didn’t end there. There were more tellers to tell it… Justice (retired) Markandey Katju wrote a letter to Sankarnarayanan, appealing to pardon Dutt. Pleading on humanitarian considerations, Katju J., said the power of pardon under Article 161 of the Constitution is different from judicial power. The Governor or the President can grant pardon or reduce the sentence of the court even if a minimum punishment is prescribed. Citing extenuating circumstances, he went on to compare this case with the Nanavati case and weighed it, in his great wisdom, to be a lesser crime than that of there. Though it is not unusual to see that a sympathetic ex-judges’ heart melting down for the cloud hovering over a convict’s head, however, the political divide between the Right and Mercy supporters was extraordinary.

However, I along with Mr. Mahesh Jethmalani, Sr. Advocate, are on very basic and fundamental point, which needs to be addressed first. In the chorus for pardon, we have failed to see whether the governor has the power to pardon at all! The queue in which Jaya Bachchan, Amar Singh, and others are standing, whether it leads to right person’s House! Whether Katju J.’s letter carries right address!

When this pardonwale mounted pressure, and media started hankering about Governor’s mercy, as a poor student of Constitutional law I asked myself- why not President? In which cases President pardons? In which cases Governor (as a follow up question)? Excitingly I opened up my bare act, putting aside my watsapp. But that little book told me something strange. How can eminent jurists like Kaju J. go wrong? So many scholars can’t be ignorant! But can’t distrust my reading of law also. At least Prof. Mustafa taught me this much. I can read and tell you what the law speaks, if can’t interpret it otherwise. Fortunately I have a friend who always supports me and listens to me…even if it is going against everyone. She gives me a chance to speak up! And this blog gives me a chance to write down!!

Anyway, coming to the topic straight, will reproduce the provisions of Constitution for those who don’t have one…
Article 161: The Governor of a State shall have the power to grant pardons…the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

Therefore the power of the governor is not absolute. The bold letters in the above para is self explanatory and determines the scope of governor’s power. However the subsequent article i.e. Article 162 makes it further clear. It reads:
Article 162: “…the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws.”

Therefore Schedule 7, List II i.e. the State List determines where the governor can pardon. But the present case in hand does not find in anywhere in the list except Public order. However arms, ammunitions, terrorism is not part of Public order, as the argument developed by the Union Government while formation of NIA. On the contrary, the most fitted one is entry 5 of List I (Union List) i.e. Arms, firearms, ammunition and explosives. Therefore it is not within the power of state government. And to put it straight, it may be anyone else but not the Governor who have the power to pardon.

Obviously, I don’t enjoy the power, neither does my elected representatives. So it was to be an executive. Anyway the cumulative reading of Article 72(1)(b) and 73(1)(a) gives us an answer. Therefore, in this case the president can pardon Dutt.

Therefore the only recourse available to Dutt is to plead before the President or to file a review petition. Secondly, I will most humbly urge Katju J to stand corrected and request him not to put undue pressure on Constitutional body (President or Governor) by asking for mercy when Dutt has decided to surrender before expiry of the Supreme Court deadlines. When it is nowhere near to the mandate given to him as a chairman of Press Council of India, Self adornment of this duty and claiming right as a citizen simplicitor, doesn’t justify.

Communal Violence Bill, 2011

PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS

More PowerPoint presentations from satya ranjan swain

Whose WIN Was This After ALL??

When politicians were anticipating a breakdown and the world was waiting for a chance to laugh on India, Indians essayed that they have really moved on. Indians proved that they are mature enough to give a Constitution to themselves and a true peace loving people we are…

RSS chief Mohan Bhagwat said it is No one’s win or loss. I also thought that day; it is a good and balancing judgment. Balancing in the sense that: Court accepted the disputed land as Ramjanmabhumi but didn’t give the whole right to Hindus and divided it into three parts. Similarly, as a student of jurisprudence, I was taught in my class “Possession is the 9^th point of ownership”, but here Muslims were given the partial right. When my friend argued it to be pleasing judgment in front of that boy’s hostel of KLS, I was arguing it to be reconciliation. But today… though I am not in disagreement, not in agreement either…

After mid sem exam, when I was going through the unread magazines and papers of old dates, I came across an article of Saba Naqbi asking Was this the majesty of the law or the primacy of faith? It was argued that the basis for reaching the conclusion that the dispute land was Ramjanmabhoomi was just the belief of Hindus. ‘Surprise was my first reaction’, taking the words from Vinod Mehta’s mouth. All my calculations went wrong…
My question is CAN FAITH GIVE PROPERTY RIGHT to someone? If court says Yes. Its alright. But court should rethink before answering it affirmatively, as that will open the floodgate of litigations. It will be a stupid question, if I ask: Whether Hindus have ownership over Himalaya, River Ganga or all cows and trees for that matter and similarly Niyamgiri hill for tribals in Orissa? as faith is deciding factor, but the possibility of questions of this nature, coming tomorrow can't be ignored. 
Simply speaking, Judgment should not be given on someone’s belief or disbelief. Show me the evidence. Answering through evidence is not that easy...its like proving the existence of Ram. ...“Justice should not only be done but seen to be done” – I still remember my teacher Prof. V.D. Sebastian repeating it 998+1 times in administrative law classes.   

Technically speaking, 2/3^rd of the land is going to the Hindus, though it can be argued otherwise. On 30^th of Sep., I was shouting that verdict should not be based on law only, if it defeats the public sentiments... and social conditions should be taken into account, while observers expecting a judgment based on cold fact.

Today I believe, Muslim interest is not given due care. Though I vehemently disagree on the extremists’ dialogue that Indian state, police and judiciary can never deliver justice to minority, I salute my Muslim brothers of this country, who kept mum only saying: “This is not the end.”  Interestingly, they condemned the statement of Mulayam Singh… Look my country and my people they are great indeed. Hon’ble Dr. Singh is right in terming us as respectful. Vinod Mehta is right saying “Hindu v. Muslim” description is a gross fallacy. I would like to say Sadique Ahmed, verdict might have disappointed but you (Muslim as a community) have not disappointed civil society of this country. Not 3:30 but 4:10 of 30^th September, 2010 will be a memorable hour for India, when verdict came out from that iron gate of High Court. 
How far Peepli Live had any effect, I don’t know but Yes! Media proved to be a responsible media this time. Off course they were repeating to showcase they are restraining but nevertheless… Who Won? It hardly matters to me but it matters to many. I believe Muslims of my country won this case. Parties have gone to Supreme Court and I pray to Lord Ram and Allah, let that decision take more time, by which we will be more mature to accept even a judgment even if it is colored only with law…
I may develop a different opinion after going through the judgment, but i could not stop myself from being judgmental after reading Naqbi's article. Ya! about the article: it is more reflective than personal and the second last paragraph is more provoking indirectly than informative.

Say NO 2 'no-burqa' cl.

After listening, the former Chief Justice of the Supreme Court of India, Justice J. S. Verma, a secular man, in the 2^nd Seervai memorial lecture at KIIT Law School, it is surprising to see the news as reported by TOI - Foreigners who come to live in France should sign a contract recognising that the wearing of the full Islamic veil is banned. The government is drafting legislation to restrict the wearing of the face-covering veil after a parliament report last month called for a burqa ban in all schools, hospitals, government offices and public transport. Morano said the newcomers' contract currently states that …polygamy …not allowed in France (which is again a typical characteristics of Islamic Society).

Again President Nicolas Sarkozy has declared the burqa "not welcome" in secular France and is in favour of legislation to outlaw it. Home to Europe's biggest Muslim minority estimated at between five and six million, France has been debating measures to outlaw the veil even though only about 1,900 women wear the burqa, according to the interior ministry. …all women must show their faces when entering public institutions or boarding public transport and keep their face uncovered throughout their presence there. Failure to do so should result in a refusal to deliver the service demanded. French interior minister Brice Hortefeux said in December that both women who wear veils and their husbands should be 'systematically refused' French residents' permits.

Supporters of a ban argue that the veil is an affront to French values and that it is a sign of a type of creeping fundamentalism that must not be allowed to take hold among French Muslims. In 2004, France passed a law banning headscarves and any other "conspicuous" religious symbols in state schools after a long-running debate on how far it was willing to go to accommodate Islam in its strictly secular society.

When it comes to protection of Christian minority in India, the country like France and other EU members come to the frontline to defame India, to nude India in the international arena. But what kind to minority protection they are talking about, when they carry such horrible and stupid ideas towards Muslim minority in their country. Yes! Secular…. What kind of secularism, they lecture. Is banning minorities’ burqa, your Secularism? You don’t allow the minority to observe their fundamentals and come in between the internal matters of this nation i.e. India, which is a land of many faiths but of one national outlook (P. J. Nehru). However look at my nation... my Secularism is of different kind...a different outlook at anyone else can think of... A novel idea to enjoy, cherish and celebrate. The understanding is that…if a State identifies itself with any particular religion, there will be rift within the State. After all, the State represents all the people, who live within its territories, and, therefore, it cannot afford to identify itself with the religion of any particular section of the population… a State should not identify itself with any particular religion... We have certainly declared that India would be a secular State. …a secular state is neither a God-less State nor an irreligious nor an anti-religious State. This was the dialogue of H. V. Kamat in the Constituent Assembly debates in 6^th Dec., 1948. This is my (country’s) version of secularism. My State honours all faiths and gives them equal opportunities.... 

There is no reason why a French woman should not be allowed to enter a public place. Moreover by not allowing they are forcing them stay at home, and not allowing them to integrate into western societies. A civilized State like France should come out from this stupid idea of 'no-burqa' clause.

a State where outsiders decide internal matters

After celebrating 61^st Republic Day, the govt. of India is yet to understand that we are a "Sovereign nation” and a Ninth standard student can say- Sovereign means internally supreme and externally independent. The executives are still not sure that they have to take the policy decision themselves and not the EU members!

 

A 10 member delegation from the EU is scheduled to visit the Kandhamal district on 2nd February, 2010. They will stay in Orissa up to 5th Feb. They will visit Kandhamal district to observe the present situation and will discuss with the Chief Secretary and Home Secretary before the visit. They will also discuss with Ark Bishop Rafel Chinath and others. Spanish embassy Ramon Moreno had proposed to visit the district on 27^th Jan. But they could not able to visit because the government of Orissa was not ready for that. But after the interference of the centre the state has agreed. Last year due to election the centre was not prepared. But now the government has allowed the diplomats to visit the communally fragile district. Besides meeting the people; the diplomats would hold discussions with the district administration..... As if the country’s situations are their responsibility.

Can one recall, an incident, where the Govt. of India had intervened in any of the internal matters of any other country? No, there is no such incident because India very knows that if it intervenes, a slap and a kick is ready for it. Indian government has not even dared to talk strongly with Australia, where its people are attacked.

There is no business of the OUTSIDERS in the internal matter of this country. The visit of European Union delegation would only spark off fresh tension. So, the proposed visit of the EU delegation should be cancelled by the government and withdraw the permission granted for the purpose immediately. TOI reports “The European Union’s trip assumes importance considering that French President Nicolas Sarkozy, in his capacity as President of European Union then, had forced a ‘national shame’ response in October, 2008, from Prime Minister Manmohan Singh over the Kandhmal violence.” Similarly they will after visit bring out certain policy which will command our national life. I can’t understand, who the hell is this European Union? My Public International Law teacher taught me that UN is responsible for the maintenance of peace and security under Article 1 of UNC. But from which Charter, from which convention and from which date, now EU is entrusted this responsibility. If it is... then we damn care about it.


Why EU is interested in Kandhmal? Are those affected in Kandhmal not Indian? EU has indicted India on several occasions for human rights violations. Soon after violence broke out in Kandhamal, the European Commission, EU’s executive wing, called it a “massacre of minorities.” But I have a question to ask, how many delegations have visited Mumbai after 26/11? The people died were not less, there. There was also violation of Human Rights…. as far as I know. We don't believe in majority and minority concept. All are equal before the law and equal protection of laws, is available to all. Even after that if you say---minority, I must tell the minorities protection in India, is excellent than any other country or even the member countries of EU.

TULSI can!!

The 2009 flu pandemic is a global outbreak of a new strain of influenza virus, officially named the "new H1N1", first identified in April 2009, and commonly called "Swine flu." The control of swine influenza by vaccination has become more difficult in recent decades, as the evolution of the virus has resulted in inconsistent responses to traditional vaccines.

When every other stream of medicine fails, the traditional 'science of life', Ayurveda, has a remedy for this disease. Now, when swine flu is spreading like wildfire across the globe and creating panic, Ayurveda has the remedy in the form of the miraculous herb, the basil leaves commonly known as Tulsi. Tulsi has again proved to be the 'the incomparable' medicine - this time, in the prevention and cure of swine flu.

Dr Bhupesh Patel, a lecturer at Gujarat Ayurved University, Jamnagar is of the view that Tulsi can play Copernican role in controlling swine flu. He further said that "Three varieties of Tulsi leaves - Krishna (Ocimum sanctum), Vana (Ocimum gratissimum) and Katuki (Picrorriza kurroa) can improve cell mediated immunity. These are anti-viral agents and improve body's resistance against various diseases including swine flu".

Tulsi is a heavy branched having hair all over. It attains the height of about 75 – 90 cm. It has round oval shaped leaves which are up to 5 cm long. The leaves are 2- 4 cm in length. Its seeds are flat. Its flowers are purple and creamish in colour. The Tulsi with the green leaves is called the Shri Tulsi and one with the reddish leaves is called the Krishna Tulsi. Its seeds are yellow to reddish in colour.

Tulsi, the purest plant, has been worshipped in Indian subcontinent for more than five millennia for its remarkable healing properties. According to the 'Gandharv Tantra,' the grounds overgrown with tulsi plants, inspire concentration and is a ideal place for worship. Vaishnavs or believers of Lord Vishnu, Lord Jagannath, Lord Ram, Lord Krishna or any incarnations of Lord Vishnu worship tulsi because it's the one that pleases Lord Vishnu the most. Indian women water the plant, light up the diya near it and worship it daily. Jeevan Kulkarni, the author of 'Historical Truths & Untruths Exposed,' is of the opinion that when Hindu women worship tulsi, they in effect pray for "less and less carbonic acid and more and more oxygen - a perfect object lesson in sanitation, art and religion". It is said that a medium size plant of tulsi can provide oxygen for a family of six and more. The tulsi plant is even known to purify or de-pollute the atmosphere. Tulsi is said to be the incarnation of a princess, who fell in love with Lord Krishna, and so had a curse laid on her by his consort Radha. there is also a mention of this tulsi in Jayadev's Gita Govinda. The story of Lord Krishna has it that when Krishna was weighed in gold, not even all the ornaments of Satyabhama could outweigh him but a single tulsi leaf placed by Rukmani on the pan could able to... Tulsi is ceremonially married to Lord Vishnu annually on the 11th bright day of the month of Karttika in the lunar calendar. This ritual, called the 'Tulsi Vivaha' inaugurates the annual marriage season in India. Tulsi is also considered to be an incarnation of Maha Lakshmi, who was born as Vrinda in her previous birth. Tulsi was married to a demon king Jalandhar. She offered prayers to Lord Vishnu to protect her husband from being harmed by any God. In Vrindabati Sthuti, it is said that tulsi or Vindabati was Satyabati, Malati, Tripura in Satya, Tretaya and Dwapara Yuga respectively.

The Sastras and Puranas attach this plant with the religion because of its medicinal significance. Tulsi is a pillar of the traditional Ayurvedic holistic healing system and known as an adaptogen. An adaptogen is an agent that helps our bodies "adapt" to different forms of stressors (environmental, physical, mental and emotional). Marked by its strong aroma and a stringent taste, tusli is a kind of "the elixir of life" as it promotes longevity and now it has claimed to keep the deadly swine flu at bay and help fast recovery in afflicted persons. "The anti-flu property of Tulsi has been discovered by medical experts across the world quite recently. Tulsi improves the body's overall defence mechanism including its ability to fight viral diseases. It was successfully used in combating Japanese Encephalitis and the same theory applies to swine flu," Dr U K Tiwari, a herbal medicine practitioner says.

Apart from acting as a preventive medicine in case of swine flu, Tulsi can help the patient recover faster. "Even when a person has already contracted swine flu, Tulsi can help in speeding up the recovery process and also help in strengthening the immune system of the body," he claims.

Amid growing panic in the wake of rising death toll from swine flu, yoga guru Baba Ramdev said that yoga had the power to cure Influenza (H1N1). "People with strong immune system cannot be affected with swine flu. Through yoga and pranayama, you can keep your immune system, particularly the respiratory system, strong," he added.

at LAST.........

Mr. Media (the 4^th pillar of democracy) said, “L K Advani on Sunday attempted to REFASHION Hindutva, as an inclusive, tolerant philosophy which was not averse to change with the changing times.”

But I believe, “L K Advani on Sunday attempted to UNDERSTAND Hindutva!!!” If what he said is not to gain political mileage but what he accept as true, then I must say, AT LAST HE UNDERSTOOD IT. The people of India could able to bring these people back to the track. The Janadesh of 2009 has really worked.

On the last day of the BJP's two-day national executive meeting Advani said adverting the 1980 Vijayadashami speech of former RSS chief (Sarasanghachalak) Balasaheb Deoras,"… is changing and that it has to change further. It is a sign of their evolution. That which doesn't change is not living, it is dead."

I doubted is he that Mr. Advani? When he said: "How can a people believing in the dictum ekam sat vipra bahuda vadanti (truth is one, sages call it variously) ever become champions of a state which would uphold the interests of one religion at the cost of others?" He agreed that equal treatment to all regardless of their personal faith is integral to Hindutva. He mixed both “Hindutva” and “Hinduism”; and said that they (himself including party) also go in accordance with the 1995 Supreme Court view that described it 'a way of life’.

Hindutva is an art of living and not a political shibboleth or ethos.

Mr. Varun Gandhi its India...

Very often it is highlighted by the intellectuals of all shade that India is committed to the democratic cause of helpless and hopeless people not only within India but also to those people who have suffered greatly from the exploitative, imperialist, and fascist regimes of the world irrespective to colour, religion, sex and other divides. In this stage the disturbing speech of Varun Gandhi, made the country debate on it from various dimensions and perspective. After going through Syed Ali Mujtaba's write up I made my mind to write something on this.
Well, in a democratic country like India, everyone enjoys the right to freedom of speech and expression. But it is to be remembered Art 19 of the Constitution of India, does not gives license for unnecessary talkativeness. Varun Gandhi is now claiming his speech was doctored. Its fine, if it is true and is proved, then it is well and good. But if Varun has really said so, I am sorry it's unfortunate. Varun should keep in mind it is not that communal country which he is thinking up. It's India - the land of diversity, where many religions and creed have come from outside. We are those Indians who have welcomed them, embraced them as our brothers. They lived with us and flourished, mingled in this land. After the partition of this country, nothing under the Sun would have prevented us, that day from making this India, as a Hindu Rastra. But we go for
Secularism. That made us different. Today we stand as "the" world power, but the country, which Muhammad Ali Jinnah, made that day, saying "minority is a Nation"is today standing before us as "a failed State". Mr. Varun's communal speech will hardly make any difference, when harmony and brotherhood is in the very blood of this nation!!!

Thanks to my great Constitutional law teacher, Prof. (Dr.) Mustafa, I think differently…

PUBlic attack...

It’s excellent to preserve the culture. But it’s not the way, in which the Shri Ram Sena is doing. Kalik Ji Maharaj, the International President of Shri Ram Sena, used to say, the job of Sena is to protect and respect the culture. (“Shri ram sena ka kaam hinduo ki raksha, hinduo ke adhikar, hinduo ke maan, samman aur hindu sanskruti ko bachana hai”). But today, I want to ask them “Is, chasing the girls into the street, slapping them, pulling their hair and pushing to the ground, is respecting and preserving the culture? “In our culture, we respect and salute women and give them the status of mother” Sastras used to say, the God is pleased, where women are respected (jatra najyastu pujyante ramante tatra devata). But it is regretted to see yesterday on the television screen that a group of 40 activists of the Sri Ram Sena barged into the pub "Amnesia — The Lounge" and beat up a group of young women and men, claiming the women were “violating traditional Indian values”.

Affidavit of Sadhwi Pragyan

It is matter of regret that Sadhwi Pragyan was beaten by a senior officer and was subject to vulgar abuse and obscene language by members of the ATS team. Moreover her chastity was questioned and she was physically and verbally traumatized to the extent that she wanted to commit suicide (as stated by her on her affidavit). It is the clear case of custodial abuse. It is clearly visible that Constitutionalism is decaying from this country and Popular Sovereignty is a myth.
When my country is talking about the right to a legal defence, even of a terrorist, it is painful to listen that she was denied access to a Lawyer, up to the 24.10.2008.
Further narco test and lie detection test were conducted without her consent, which is gross violation of principle of legality as well as fundamental and legal rights. Never the less all these investigative tests have only established her innocence in the Malegaon bomb blast that took place on 29.9.2008. But it is to be taken care of that in any situation the act of the officials must be JUST, FAIR and REASONABLE.