(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…
Take a deep breath and reflect who you are not allowed to criticize in India. I could think of no other than Sonia Gandhi, former Congress and UPA chairperson. Run the entire gamut, pore over the worksheet of honchos of Indian media, Shekhar Gupta, Barkha Dutt, Vir Sanghvi, Rajdeep Sardesai, Sagarika Ghose etc; google as you might; dive into the archives of Lutyens Media like Hindustan Times, Times of India, Indian Express, The Hindu; Sonia Gandhi, much like Caesar’s wife, has been above reproach.
That’s astounding. I mean nobody has been the president of 134-year-old Congress longer than her (19 years); she got her party two consecutive Lok Sabha victories; a whole lot of scams were unearthed; yet not a word against her. I mean yes, BJP and her bete noire Dr. Subramaniam Swamy keep pelting her windows but that’s par for course for any opposition. But what accounts for no “black sheep” within Congress bleating ever? No media house opening its edit pages for trenchant views; no historian/academician offering critiques? No scholarly paper in JNU? No diagnosis on a person out on bail?
I do recall two embarrassing Sonia interviews, that is for any self-respecting journalist, by Rajdeep Sardesai (he kept saying “fought like a tigress,” both in 2005 and 2016), as it was for Aroon Purie on another occasion, coy and adolescent. Yes Shekhar Gupta (“she keeps a formidable dynasty on her slender shoulders,”), Barkha Dutt (“she has made a public commitment to Women’s Reservation Bill”) have also interviewed her; Vir Sanghvi has been profound in “Nobody-in-Nehru-Gandhi-Family-Has-Given-Kind-of-Authority-she-has-to Manmohan-Singh,” echoed by a gushing Sagarika Ghose ( “She never undermined Manmohan Singh, always backed him up”). Both Sanghvi and Ghose don’t touch upon how another Prime Minister, PV Narasimha Rao, was humiliated, even in death. And these clowns happily go toting about “bhakts” to everyone else. Phew.
Two books on Sonia immediately come to my mind. One is a pathetic account by a sychophant; another is “Red Sari” which was unofficially banned in India for six years due to machinations by Abhishek Sanghvi, as alleged by its author.
There was though one voice of dissent which was muzzled without much ado by this “deep state” in India. Margaret Alva, a former Union minister of state and Governor, was quite scathing in her autobiography: “Courage and Commitment:” Excerpts:
“While Pilot, Prasada and Scindia got all the honours due to them as Congress leaders—with shamianas erected at the AICC to receive their remains before the last rites—PV Narasimha Rao, the tallest of them all, was denied a state funeral in Delhi. His body was not even let into the AICC compound; instead, the gun carriage carrying the former Prime Minister and Congress President was parked on the pavement outside the gates, with chairs lined for party leaders. I was shocked…ever since, I have regretted not protesting and walking away.” – On PV Narasimha Rao’s death in 2004
Alva details that she played a peacebroker between Sonia and Rao: the latter falling out probably for deciding to appeal against the Delhi High Court’s decision to quash a complaint against the Bofors case. Sonia Gandhi once retorted to Alva: “What does the Prime Minister want to do? Send me to jail?”
Alva’s outburst about the unfair ticket distribution in Karnataka led to her ouster. She was asked to resign from the post of All-India Congress Committee (AICC) general secretary in 2009. In her resignation, Alva wrote thus:
“Times have changed and for the first time I have come to feel like a misfit in an organization that I considered as precious as my own home. A look at our recent candidates lists show a distinct patter of patronages to the wealthy and rich lobbies like mining, education and real-estate…”
Just reflect on the above in line of recent Karnataka assembly elections and ponder why no newspaper or media celebrity ever brought this book out of the shelves to examine Congress’ candidates in 2018? Why Congress’ demise in the state is not looked through the prism which Alva afforded us?
As per one reviewer of the book: “Alva’s book offers an amazing insight into the maneuverings of 10 Janpath—the home of Congress president Sonia Gandhi. Without being too harsh, Alva clearly indicts Gandhi for lacking transparency in her manner of functioning, her penchant for surrounding herself with a handful of loyalists…”.
Alva was made to leave Delhi, appointed as she was governor of Uttarakhand. In her words: “Once I had made the mistake of saying: `The Alvas are the only political family to have a member in Parliament without a break for almost half a century.’ This statement sealed our fate.”
(As an aside, Alva was Governor of Rajasthan when Narendra Modi came to power in 2014. Alva describes her meeting with Modi thus: `I told him I had come to pay my respects, not plead for an extension, adding `I am not prepared to quit anytime.’ “There is no question,” He (Modi) replied. “You are doing a good job please continue where you are.” She was subsequently given additional charge of Goa and Gujarat!).
This is the centenary of the year when Sardar Vallabhbhai Patel first met Mahatma Gandhi and India got its unifier as we know the nation today. His birth anniversary, which falls this week, was all but erased from public memory under the Congress continuance and the media/academia which controlled the public narrative. It’s only now that the man is being pulled out of history’s dusty racks.