This blog should have been written long back by me. When I received a remark that in the “Ram Mandir” case & the case of alleged sexual harassment against former CJI Gogoi, justice had truly been done I decided that it was high time that I explain to our students that equitable justice has neither been done in India in the past and today the situation is one of the worst ever. When we have had authoritarian regimes like Mrs Gandhi in the past & Modi now, things have become quite bad. Justice is heavily biased in favour of the elite and loaded against others. It is a serious misconception that most of us have that once the Supreme Court has pronounced a judgment then it implies that the principles of truth and justice have been upheld. In this blog I will take you through a journey of major cases in Indian history to bring forward the truth about the injustices that happened in the past and dwell upon examples to clarify the injustices happening in contemporary times.
Definition of Indian Elite
This is a definition which you may not get elsewhere. It is the definition of the Indian elite. It is a dynamic definition. The elite comprises the sections of the society which are likely to have judgments loaded in their favour. Who were the elite in the past?
· Politicians in power, their kith & kin (In the past we had people like Sanjay Gandhi & others & in contemporary times we have people like Robert Vadra & Amit Shah’s son).
· Rich businessmen who provide political funding.
· Criminals who provided political funding or political muscle-power.
· Religious leaders capable of influencing voters.
· Leaders of farmers like Charan Singh.
· Ideological supporters of the political party in power.
Who are the elite in contemporary India? There are some additions and changes to the above list:
· Hindu radicals are the new entrants in the elite, like Yogi & Pragya & those who have committed crimes against Muslims/Dalits.
· Leaders of the farmers are not part of the elite today.
· Muslim religious leaders are no longer a part of the elite today because Modi knows that they will vote against him (& he will win by consolidating Hindu votes) & the opposition knows that their votes will come to them by default & they do not have to make any efforts to safeguard their interests.
Major Cases of Injustice from the Past
1976 ADM Jabalpur Case
On April 28, 1976, a five-member bench of the Supreme Court held the liberty was a regulated freedom, and hence, not absolute in extraordinary circumstances, such as during a state of internal Emergency. It set a dangerous precedent, allowing the powers-that-be to detain political rivals, who in turn could not move court to protect their democratic freedoms. The verdict in the ADM Jabalpur vs Shivakant case, popularly known as the Habeas Corpus case, set the tone for countless arrests under the preventive detention law – a provision whereby defendants could not stake a claim to their liberty under extenuating circumstances. Justice HR Khanna was the lone dissenter in the judgment. My advice to anyone desirous of joining the judiciary is to aspire to emulate Justice Khanna & not Justices Ranganath Mishra or Gogoi.
In 2017, when the Emergency case was revisited, a nine-judge constitution bench upheld that privacy was a fundamental right, overruling the 1976 verdict. Incidentally, DY Chandrachud, who wrote the judgement for the larger bench, termed the earlier verdict written by his father as being “seriously flawed.” I would request my students to read a report about lawyer Prashanth Bhushan giving evidence of 6 of the past CJIs being corrupt. The link is given below.
1984 Massacre of Sikhs Sponsored by Congress
Event: Approximately 8000 to 17000 Sikhs were killed in Congress sponsored crimes, post the assassination of Mrs Gandhi in Nov 1984. In Delhi alone over 3000 Sikhs were killed. Congress politicians and local Police were complicit in the crime.
Inquiries: Several commissions were established. The Congress, which was in power, for major portion of our lives definitely prevented justice from being done.
Convictions: In Delhi, 442 rioters were convicted. Forty-nine were sentenced to life imprisonment & three to more than 10 years’ imprisonment. Sajjan Kumar got life imprisonment only in Dec 2018. Most of the accused were never charged or tried. Tytler, one of the main instigators of the killings is still free.
1986: Bofors Scam
Event: India bought410 Bofors guns from Sweden in 1986 & the middlemen were paid a bribe of Rs 64 crore.
Inquiries: Investigations as well as cover-ups continued for long. VP Singh and BJP were interested in getting political mileage rather than getting convictions. Congress made efforts to cover-up or scuttle the investigation.
1992 Babri Masjid Demolition
Event: In Dec 1992 the RSS, VHP and the BJP criminals led by Advani, Joshi & Bharti tore down the mosque. The demolition resulted in several months of rioting in which over 2,000 people, mostly Muslims were killed.
Inquiry: Liberhan Commission was established in Dec 92 to investigate the destruction of the Mosque. After 399 sittings over sixteen years, the Commission submitted its 1,029-page report on 30 June 2009. According to the report, the events of 6 December 1992, in Ayodhya were “neither spontaneous nor unplanned”. In March 2015, the Supreme Court admitted a petition alleging that, with a BJP government in power, the CBI would not pursue conspiracy charges against senior BJP leaders including Advani & Rajnath. In April 2017, a special CBI court framed criminal conspiracy charges against Advani, Joshi, Bharti, Katiyar, and several others.
Convictions: There have been no convictions till the present day!
2002: Killings of Muslims in Gujarat
Event: Sources estimated the death toll of Muslims in excess of 2,000.Many brutal killings and rapes were comitted as well as widespread looting and destruction of property done. Modi, then Chief Minister of Gujarat and present PM, was accused of initiating and condoning the violence, as were police and government officials who allegedly directed the rioters and gave the lists of Muslim-owned properties to them.
Inquiries: Numerous inquiries were held. In 2012 Modi was cleared of complicity by a SIT. The Supreme Court also lambasted the Gujarat government as “modern day Neros” who looked elsewhere when innocent women and children were burning and then interfered with the prosecution.
Convictions: As of April 2013, 249 convictions had been secured of 184 Hindus and 65 Muslims.
The Bombay High Court upheld the life imprisonment of eleven men convicted for the gang rape of Bilkis Bano and murder of her family members during the 2002 Gujarat riots on 8 May 2017. The court also set aside the acquittal of the remaining seven accused in the case, including Gujarat police officers and doctors of a government hospital, who were charged with suppressing and tampering with the evidence. Later, the final verdict came on 23 April 2019 as the Supreme Court ordered the Gujarat government to pay Bilkis Bano ₹50 lakh as compensation, a government job and housing in the area of her choice. Justice Tahilramani was adequately punished by the Supreme Court Collegium (Gogoi was a part), under the pressure of Modi, for upholding the Constitution and doing justice. Please read the report on her transfer to Meghalaya. The reference is given below.
Understand Massive Corruption & Jungle Law in Modi’s Misrule
Justice Loya’s Death
In Dec 2014, 48 years old, Justice Loya, who was hearing the case of fake encounter of Sohrabuddin, in which Amit Shah was the prime accused, died in mysterious circumstances. By then the media was fully in control of Modi-Shah & genuine reporting had been practically eliminated. However, Caravan brought out a report. Reopening of the hearing in the case of this dubious death was one of the reasons for the four senior judges of the Supreme Court holding a press conference explaining to the public that democracy in India was in danger in Modi’s misrule. Please read the references given below.
4 Judges Press Conference in Jan 2018
“Many things that are less than desirable happened in the last few months,” said Chelameswar at the press conference. “Unless this institution [Supreme Court] is preserved and it maintains its equanimity, democracy will not survive in this country, or any country. The survival of a democracy, it is said, the hallmark of a good democracy, is an independent and impartial judge.” This first time ever event in India’s democratic history since 1947 happened in Modi’s misrule on 12 Jan 2018. Please read the details in the reference given below.
In the Rafale scam the Supreme Court helped Modi get over a serious allegation of corruption. There has apparently been corruption in the deal. The government has no logical explanation for the following:
· Why price of each jet became 3 times?
· Why conditions of sovereign and bank guarantee were removed by Modi against national interests?
· Why Anil Ambani, with no respectable credentials but of course proximity to PM, was made an offset partner?
The Supreme Court accepted documents in sealed envelope, which is against the principle of transparency in justice. The petitions were dismissed without the citizens of India knowing the truth as to whether corruption was involved or not.
Sexual Harassment Case of Gogoi
Chief Justice Gogoi convened a special bench of the Supreme Court headed by himself – breaking a key canon of natural justice that no man can be a judge in his own case. Notice was issued that a bench was convening on a Saturday comprising CJI Gogoi, Justice Arun Mishra and Justice Sanjiv Khanna, “to deal with a matter of great public importance touching upon the independence of the judiciary.”
This rather pompously worded notice cleverly sought to convert a young, powerless woman’s complaint of sexual harassment against one of India’s most powerful men into a matter “touching upon the independence of the judiciary”. The panel’s findings were not made public, nor was a copy shared or even shown to the complainant – as natural justice principles would demand.
Eight months after they essentially concluded the former junior court assistant had lied we now know that:
1. The police has had to admit in court that it had no evidence in the criminal extortion case filed against her and the case was closed.
2. Both her husband and brother in law who had been suspended by the (Amit Shah controlled) Delhi Police on specious grounds are now back in service.
3. The young woman herself was reinstated by the Supreme Court.
Illegal Abrogation of Article 370 in Aug 2019
Article 370 was abrogated by Modi government in pursuance of the RSS agenda in Aug 2019. There was great jubilation in the Hindi heartland against this illegal act. The most affected people, that is the residents of Kashmir, were not consulted. The Supreme Court supported the illegal contention of the Centre. Please read the views of legal expert Faizan Mustafa on the subject in the reference given below.
Illegal Detentions and Internet Shutdown in Kashmir
Practically all the opposition leaders in Kashmir are in illegal detention in Kashmir since Aug 2019 & the Supreme Court has failed to uphold their Constitutional rights. The Supreme Court articulated the violation of fundamental rights of the citizens of Kashmir through the illegal internet shutdown correctly but failed to give justice to the citizens. Read the attached reports.
The Supreme Court acknowledged that Babri Masjid demolition was a crime. Neither side could give conclusive evidence of title to the disputed sight. The court ruled in favour of the criminals who demolished the Masjid. Was this justice or succumbing to pressure of a majoritarian population and government? Was injustice done for a consideration? These questions will remain unanswered, except indirectly in the form of Gogoi’s nomination to the Rajya Sabha.
The CAA brought by Modi is unconstitutional and against the basic secular structure of India. The Supreme Court has refused to pass a stay on this illegal act. Please read the report of legal experts, including former CJI Katju.
Legalisation of Corruption through Modi’s Electoral Bonds
The opaque electoral bonds scheme of Modi is designed to amass wealth for the BJP to be used to buy votes, MPs & MLAs. Through this scheme Modi has succeeded in making BJP the richest political party in the world. BJP received 95% of the electoral bonds donation. These bonds are beyond public scrutiny through the RTI Act. BJP has till date received Rs 1450 crore through these bonds. The policy is against the principle of transparency in government and public life. The Supreme Court refused to stay this dubious scheme despite apprehensions expressed by the ECI & RBI in Jan 2020. Gogoi was the CJI then.
Kapil Mishra & Anurag Thakur: Inciters of Violence
Kapil Mishra & Anurag Thakur were clearly heard inciting violence against Muslims to trample the anti-CAA protests in Jan 2020. No FIR has been registered against them. Justice Murlidhar had said, “How many more lives have to be lost?” He had ordered immediate registration of FIRs against Mishra & Thakur. Murlidhar was transferred overnight & the judge who presided over in the case later gave more time to the Police to examine the case. Till date no case has been registered against them.
No FIR Against BJP Criminals who Attacked Students in JNU in Jan 2020
Approximately 100 BJP criminals were escorted inside the JNU campus and then escorted out by Amit Shah controlled Police in Delhi. Not a single FIR has been registered against anyone. FIR has been registered against JNUSU President who was injured by the criminals. This is a most shining example of Modi-Shah criminal rule.
Arnab Goswami Case
Arnab Goswami is the biggest Modi stooge in the media who has been promoting Modi’s divisive agenda with great vigour be it the false creation of “Tukde-tukde gang”, creating the false notion of “Corona Jihaad”, trying to create a Muslim angle in the Bandra Railway station commotion leading to Police violence on the desperate migrant labourers & trying his utmost to create Hindu-Muslim divide in the Palghar killing of Hindu saints (two among the killers were found to be BJP members & there was not a single Muslim assailant) & falsely accused Sonia of the killings. The Supreme Court heard the case on high priority & ensured that this propaganda chief of Modi was not jailed.
Relief for Migrant Labourers
A bench of the Supreme Court comprising of the Chief Justice Bobde, Justice Sanjay Kaul and Justice Deepak Gupta while hearing a PIL by Harsh Mander and Anjali Bhardwaj seeking immediate payment of wages to migrant workers amid COVID-19 lockdown said that the Court cannot interfere with the policy decisions of the government and that no payment of money to migrant workers was required since they were receiving food at the shelter homes. Please read the complete report in the reference. In my view it is not possible to hear a more heartless judgment & letting down of Indian citizens in the history of Indian judiciary.
There is nothing more left to explain or conclude. I would request the readers who have read so far to please listen to these interviews: