H C Singh

Is Gujarat An Enemy State?

For months, CBI and indirectly central government have been targeting Amit Shah Minister of State for home in BJP’s Gujarat government and known to be close to the Chief Minister Narendra Modi. T.V and press have been highlighting Sohrabuddin case, so closely and consistently as there was nothing else in India and world to be reported. CBI had decided to put behind bars Amit Shah but CBI Court on August 4, 2010 rejected the plea of CBI for remand of 5 days saying that note submitted by CBI against Amit Shah “was not sufficient even to prime facie establish that he is an accused” on the basis of arguments by senior advocate and BJP MP Ram Jethmalani. This judgment of CBI court by additional Chief judicial magistrate A. Yadav is a set back to CBI and helpful to both Amit Shah and Gujarat CM Modi also indirectly it gives boost to BJP.

New revelations about Sohrabuddin’s past in terrorist activities have come to light. It is almost confirmed that this Sohrabuddin is not an ordinary criminal or a murderer but he has been having links with and had been associated with notorious terrorists, Chhota Dawood alias Sharif Khan who was a henchman of Dawood Ibrahim. Later Sohrabuddin joined the other notorious henchman of Dawood, Abdul Latif Sheikh, who was entrusted with spreading terror in Gujarat. Latif had entrusted with safeguarding weapons, sent by Dawood to spread violence in Gujarat in 1994 which included 24 AK-47 rifles, 100 grenades, many pistols and vast amount of ammunition, which was recovered by Gujarat police from a well, following his arrest under TADA. Sohrabuddin was arrested and remained in jail for five years. After release from Jail by Supreme Court order Sohrabuddin once again took to murders, extortion and all types of crimes.

What Narendra Modi, Chief Minister of Gujarat meant by saying that centre treats Gujarat as an “enemy state”? As Gujarat is integral part of India like any other state it was not appropriate for Modi to use the word of “enemy state” because enemy state is an independent country which is waging war against India and spreading terrorism and is inimical to India, like Pakistan. Modi infact, it seems, meant that congress and central government are hostile to Gujarat because it is a BJP run state. Similarly Modi and BJP have no faith in CBI which they consider Central Bureau of Indira Congress. As BJP is the only major political party which had once formed central government and ruled India under prime ministership of Vajpayee, so congress has been fearing since 2000 that BJP may not overthrow Congress government of UPA II and once again come to power.

In contrast Congress government and CBI have done nothing during last 26 years to convict the criminals, including congress leaders congress workers and police offices and personnel who instigated and joined in anti Sikh riots and massacre of thousands of Sikhs in 1984- not a single congress politician or Congress worker or policeman has been convicted or jailed despite so many commissions. Even in Gujarat, Muslim criminals who burnt the train killing 76 Hindus, not a single criminal has been sentenced but Amit Shah home minister of Gujarat along with many Police officers including DG police have been arrested because of the so called fake encounter to kill hardened criminal and murderer, Soharabuddin.

To sum it up Gujarat is not an enemy state. It is one of the States of India which have non-congress governments like UP, Bihar, West Bengal, Orissa. It does not seem proper to arrest and grill for a number of days Amit Shah, minister of State for home in Gujarat as per CBI Courts judgment. DG Vanzara was, it has been reported in the press, one of the best police officers, famous for taking strong action against terrorists. It has been reported that DG Vanzara and his team of dedicated police officers and personnel were successful in getting 250 terrorists convicted, thus making Gujarat free from terrorists and terrorism. Congress and central government as well CBI should ponder over these aspects in view of their services to Gujarat and India for eliminating terrorism from Gujarat and making terrorists fear and therefore curb terrorism from whole of India.

August 10, 2010 Posted by | Anti Sikh Riots 1984, Corruption, India, Political Commentary, Politics, Terrorism | , , , , , , , | Leave a comment

Justice and Injustice

 All are familiar with old saying: Justice delayed is justice denied. In India millions of cases are pending for unaccountable years. But in no country of the world such a huge number of cases remain pending, some even for decades from lower to higher courts. It is unjust, undemocratic and startling. For example, starting from lower courts where 27.2 million cases are pending, while before High Courts pending cases are 4.49 million and before the Supreme Court cases pending by 31 December 2009 were 55,791. It is noteworthy that despite clearance of 64,259 cases every year in various courts more than 5000 cases are added in the backlog.

Thus the problem in India is how to clear all the yearly cases and also the backlog of pending millions of cases. It is a very serious problem for judiciary as well as the government of India.

One important step, though yet to be fully implemented, is the Gram Nayalya Act. Under this Act which has been passed by the government all the states have been instructed to implement this expeditiously. Every Panchayat will have a Gram Nayalya or rural court, which will be headed by one qualified judge and two/three members will be provided by the Panchayat. There are more than 5000 village Panchayats which are functioning. If in addition there are 5000 Gran Nyalyas or rural courts millions of cases in lower courts will not get accumulated but there will be prompt judgment and justice. Thus there won’t be Justice delayed amounting to injustice in lower or rural courts. As there would be fear or hope of instant justice, many people will hesitate to go to court on flimsy grounds.

This system of expeditious justice in one’s locality is prevalent in UK where so called lower courts, without qualified judge or judges, are manned by respectable citizens, who are well educated and non-controversial. They decide expeditiously in one hearing the case brought before them. There is rarely an appeal against their decision or judgment. Their decision are accepted and honoured. In India, too, this procedure of Gram Nyalyas or rural courts if fully accepted and implemented in all 5000 villages will reduce more than 50% cases before the lower courts.

Example of England’s local ‘courts’ is very relevant and useful for village courts or Gram Nyalyas. As in England, in due course, India can experiment with local urban courts. If this experiment succeeds, we can drastically reduce pending cases and avoid further accumulation at all.

For regular courts, in districts, like Session Courts and High Courts, there should be double, the number of Judges and benches in a number of diversely populated Districts. This system, if adopted, will reduce from millions to thousands of pending cases in a few years.

Similarly, Supreme Court may have double the number judges it has at present to expedite the judgment on pending cases and new cases that come before it.

Judges in India, as elsewhere, are already paid high salaries and provided with security, residence and personal transport so that they can administer law expeditiously and according to the principles of justice and legal procedure. If it is considered further rise in their salaries and other amenities these should be provided.

If these suggestions, with modifications, are accepted and implemented, the number of pending cases in all courts in India will come down drastically and people will not have to wait for justice for year after year.

Few instances of Justice- Injustice are as under:

After 26 year of anti-Sikh riots in which according to official estimates more than 3000 innocent Sikhs were killed, not a single criminal has been convicted and sentenced. Another case is of Gujarat riots following death by sabotage of train in which more than 70 pilgrims, coming back to Ahmadabad. A number of commissions have been appointed and finally Chief Minister of Gujarat has been interrogated for 8 hours. Obviously there has been absolute injustice in 1984 case while in Gujarat case there may be further delay leading to justice delayed or injustice.

There are other individual cases of inordinate delay in judgment. Sibu Soren, who is now Chief Minister of Jharkhand was convicted and sent to jail in a double murder case of 36 years old. After release from jail he became Cabinet Minister at centre. He has been questioned/ interrogated by a Jharkhand Court recently on April 3, 2010. Is this Justice or Injustice? Other individual case is 14 years old of Ex DGP Rathore who had molested a 14 year old school girl Ruchika. The case is now taking turn against Rathore as he has been finally convicted.

It is clear from few cases mentioned above that influential officers like DGP and politicians, like Lalu Prasad Yadav, who has now been given relief by Supreme Court, was originally convicted in Fodder Scam case and had to resign from Chief Ministership of Bihar, can delay justice.

To expedite justice and avoid injustice steps outlined above like implementation of Gram Nayalya, Local locality courts on UK model and induction of more judges in District courts and Supreme Court, may be taken by the Government India on top priority basis.

April 14, 2010 Posted by | Anti Sikh Riots 1984, Indian Economy, Political Commentary, Politics | , , , , , , , , , | 2 Comments

Sajjan Kumar’s Case before High Court and 1984 Anti Sikh Riots

  It is more than 25 years that thousands of Sikhs were mercilessly butchered, their houses burnt and looted in anti-Sikh riots of 1984. The rioting, killing and looting went on for four days as the Congress Government of Rajiv Gandhi did not call the Army from Delhi cantonment, part of the capital itself. The looting and killing were encouraged and led by Congress politicians of Delhi with the help of Delhi Police which did not prevent or even intervene. It was blemish of extreme lawlessness and murders of thousands in the capital of India, the so called biggest democracy of the world: worst of all, not even one criminal out of hundreds and even one Congress politician like Sajjan Kumar and Jagdish Tytler, out of untold numbers, was arrested, not to speak of being sentenced.

So many commissions were appointed to probe, hear the evidence and decide about punishment of guilty. Hundreds of crores of rupees were spent or wasted but to no result. But because of our political system and our politicians and political rulers, even when there were tangible evidences and recommendations, particularly before Nanavati Commission, not a single arrest was made. Infact proceedings and recommendations of all the commissions were put in cold storage.

Latest case, though not before a commission, but before Delhi High Court is that of Sajjan Kumar, an ex congress MP. He was found guilty by a Distt Court and as such non-bailable warrants were issued against him. Had Sajjan Kumar appeared or surrendered before the court he would have been arrested then and there and ordered to be put behind bar. But Sajjan Kumar, though found guilty, went missing with the help of his guard.

 The case came before the Delhi High Court on appeal.

 The High Court taking severe note of his ‘missing’, but it is noteworthy, that while giving anticipatory bail to Sajjan Kumar in two 1984 anti Sikh riot cases against him, learned Justice Pathak termed the charges against Sajjan Kumar of ‘grave nature’. However the court added that as “25 years have gone by and the delay undoubtedly tilts the balance in favour of politician”. The High Court even questioned the “CBI move to arrest Kumar now that charge sheet has been filed while it never felt the need while investigations were going on for the past five years”. It is virtual indictment of CBI, which is government appointed agency for investigation.

It will not be out of place to recapulate some facts that led to torture, massacre and burning of thousands of Sikh men, women and children during four days, when hell itself broke out on the Sikhs of Delhi, killing as per official figures 3000 but actually many times more unarmed and innocent, mostly poor Sikhs who had no knowledge of politics or were absolutely unconcerned with politics .

Hundreds of men were burnt or killed in the presence of their parents, their wives and children. Some were put to death by putting burning tyres in their necks.

Hundreds of children were taken away from the lap of their mothers or snatched from their fathers and killed in the presence of their parents and their grand parents. Also hundred of women were molested before their husbands and children.

In many families more than five persons were done to death. In a rare case there were seven widows from one family and many orphans.

It is not known in Indian and in world history of at least more than hundred years that such atrocities were committed by citizens of the same country on their own country’s citizens and that, too, in the capital.

There is much more to be said and has been recorded by many commissions and by few Sikh survivors who could have the courage to appear before commissions despite threat to their lives.

It is hoped that now, after long last, gap of 25 years, there will be justice in the present case of Sajjan Kumar. Which may set an example for others. The learned Judge has already said that charges against Sajjan Kumar are of “grave nature” and has even indicted CBI for inordinate delay “while investigations were going on for five years”.

Who is to be blamed for delay of 25 years in convicting hundreds of guilty, politicians and policemen? As explained above, it is country’s politics and politicians who care only for vote banks to get into power and remain in power, irrespective of political party or combination of political parties to which they belong.

March 5, 2010 Posted by | Anti Sikh Riots 1984, Corruption, India, Indian History, Political Commentary, Punjabi, Religion, Sikhism, World History | , , , , , , , , , , , , , , , , , , | Leave a comment