(This is a reprint from NewsBred)
Something doesn’t seem right here. All the four major English dailies—Indian Express, The Hindu, Times of India, Hindustan Times—today (August 6, 2018) have a front-page blockbuster story of “some” Supreme Court judges planning to corner Chief Justice of India (CJI) Deepak Misra on Monday over the “downgrade” of Justice KM Joseph.
A background is necessary: The President of India has cleared Madras High Court Chief Justice Indira Banerjee, Orissa HC CJ Vineet Saran and Uttarakhand HC CJ KM Joseph as judges of the Supreme Court. However, Joseph has been put last in the list of seniority and this has got the hackles up for a few Supreme Court judges, as these pious newspapers claim.
You could belong to one of the three categories below:
(a) A complete innocent on the “judicial-activism-of-Supreme-Court-kind” who would instantly ask if this is true and whether the Centre has indeed been manipulative.
(b) A general reader who probably knows that government had asked SC collegium to reconsider Joseph’s name but after being re-recommended by the SC, has now acceded to their request.
(c) A keen hawk of Indian politics who knows all about the “puppets” (i.e. media) and their “masters” (Left-Liberal lobby).
If you are a complete innocent then it’s important to know that the government is strictly going by the book. As per Article 124 (2) of the Constitution, The President may but is not obliged to consult Supreme Court judges. As for seniority, KM Joseph is least senior amongst the three in terms of dates when they were appointed High Court judges (see image). I leave it to you what to make out of the unnamed judges plea that “Joseph must be recommended senior-most since his name was recommended first.” What logic? Juvenile, I say.
Now, if you are one from the second category, a general reader who knows basic details, you are still wondering why there’s so much of fuss over Joseph’s name. Well the media tells you that’s because as Uttarakhand High Court Chief Justice, he overturned the President’s Rule in the state two years ago (and that’s why the Modi government is being vindictive). It might help you to know that as per law minister Ravi Shankar Prasad at that time, there are presently 11 more Chief Justices of various HC who are senior to Joseph; and that Kerala HC already has a judge in the SC.
And finally, if you are in the third category, a keen hawk, you would dribble out a few simple questions: How come all the newspapers have same story and same detail without anyone being named? Was there a press conference? Did all those Supreme Court judges who intend to corner CJI Deepak Misra on Monday rang up newspaper offices? Or is it there is a “diktat” to our Lutyens’ Media to roll out the story as they have been told? Or whether a favourable judge today could be a difference between imprisonment and freedom for those out on bails or being pursued by state agencies such as Enforcement Directorate (ED).
Quite clearly, it’s the last option which seems most plausible. Does the “deep state” of India, read long-ruling Left-Liberal combine who control media and academia in this country, have the ears, if not the pockets, of both judiciary and media? May be they are doing out of fear. Or they are compromised. One thing though could be said with certainty: in this harmonica, all the notes are one and coming out of a single mouth.
The danger is acute. Supreme Court seems to be exercising its overreach; it’s getting into the crosshairs of executive, that’s government. A showdown is not far off. As the SC/ST Act has shown, the government is prepared to reverse a SC ruling when it suspects an intrusion into their authority and responsibility. More such repeats could happen.
Supreme Court must appear neutral; never show bias or prejudice or overreach for people are beginning to impute motives. It should never be seen doing a PR exercise. The people have noticed how a press conference by a few honourable SC judges was not criticized; how shamelessly an “impeachment” notice against CJI was moved; how retirement of SC judges—from `packers and movers” to full-page interviews—was covered; or how the KM Joseph non-issue is being given wind to by Lutyens media and their masters.
Who cares if long-established norms and institutions are brought down, anarchy is served for course and blood is your drinks for the night…
Shashi Tharoor’s edit piece in Indian Express on Saturday reminded me of my probation days in journalism with the Times of India in the 80s. My editor would look at my typed report, run circles in red every second line and send the paper flying towards the dustbin: “What the hell do you want to say?”
Chuckling, I set about circling Tharoor’s piece (see image), and literally ran out of ink. The man is as confused as his party, touching every base and sticking to none. “Jaana-tha-Japan-Pahunch-Gaye-Cheen-Samajh-Gaye-Naa” kind of delirium. A piece as bald as palm of my hand. Let’s stick to a few specific ink-circles, and not all, for I can’t afford to bore and lose you, my readers.
“Our attacks (on BJP) are based on our own convictions and about what is good and proper for the nation”: So using “neech” and “chaiwala” are part of your convictions. A wild attack on RSS as murderer of Mahatma Gandhi is part of your conviction. Blaming Centre for violence in “Sterlite” is part of your conviction. Blaming BJP for murder of Gauri Lankesh’s murder in your own governed state is based on your conviction. “Ease of doing business” and a “7.7 GDP growth” in your view is not “good and proper for the nation.” Impeachment of Chief Justice of India (CJI) is good and proper in your view.
“Congress’ core belief…inclusive growth, social justice, abolition of poverty, protection of minorities, women, dalits and adivasis”: Inclusive growth, social justice, abolition of poverty? Are you joking Mr Tharoor? Anyone earning above Rs 33 is not poor is how Congress removed poor and poverty. Six worst communal riots happened under UPA and you call it protection of minorities. Women? Ask Shah Bano. And remember how you had to apologize for making fun of our own Miss World 2017? Dalits? That’s why Bhimrao Ramji Ambedkar could get Bharat Ratna only in 1990 and that too not under Congress’ regime. Further, why your heart didn’t beat for a murdered Dalit youth leader found hanging by tree in Bengal? Was it because he worked for BJP? Adivasis? Then how did Maoists and Naxalites proliferate in India?
“Congress is political embodiment of India’s pluralism…preservation of secularism”: Your kind of equality under “secularism” doesn’t extend to Hindus and their problems. “Secularism” ought to be equality; not appeasement of minorities. The world “secular” too is an insertion in the Constitution by your leader Indira Gandhi after suspending the Parliament and slapping the “Emergency” on the nation in the 70s. Secularism is nothing but a cloaked dagger by Congress to keep it plunged in India’s heart.
“We too share Hinduism, albeit an inclusive version of the faith, rather than a bigoted one”: Oh really? May we ask you Mr Tharoor where’s your reaction on 24 BJP/RSS workers killed in Karnataka under Congress rule? Where’s Congress’ concern for Hindu lives as they are butchered in West Bengal and Kerala? Show me one tweet where you have offered condolence to Hindu lives lost? Congress standing by Hinduism almost sounds like an abuse.
“The need of Rural India represents political opportunity to Congress (e.g)…the mounting farmers’ suicides”: So, tragic lives lost is a political opportunity to Congress??? But then what else do you expect from a party which clings to a dynasty and cries democracy in the same breath?
“(Congress must) Help citizens in interactions with the police…”: Now that could only happen if both citizens and police trust you with your intentions. I don’t know how policemen feel after Rahul Gandhi stormed a police station and scolded a policeman in uniform. As for citizens, they still speculate about an unfortunate death in a Delhi five-star hotel as you would recall. Where’s credibility of Congress and its leaders with the citizens of this country?
From housing to transport to potholes-on-roads to drinking water to education to healthcare to public parks to sanitation to waste management, Tharoor leaves little for imagination and a lot for mockery in his piece. Empty rhetoric, typical of Congress, the sound of an empty biscuit tin. Mr Tharoor, irony has died a million deaths in this juvenile piece of yours.