| AAAAAAAAAAAAAAAAAAAAAAAAAAA |
V SUNDARAM
Truth's fountains may be clear
Her streams are muddy,
And cut through such canals of contradiction,
That she must often navigate o'er fiction
- Lord Byron, Don Juan
'Shame is communal and shamelessness is secular. Political decency is communal and political indecency is secular'.
I am thrilled to note that the Gujarat High Court on Friday declared as 'illegal' the setting up of U C Banerjee Committee to probe certain aspects of Godhra train carnage in February 2002. Immediately after the Union Cabinet had given its callous and contemptible approval to the proposal of Lallu Prasad Yadav for the constitution of the U C Banerjee Commission, I had described the decision of the Government of India as reprehensible. The stand taken by me as an insignificant journalist in this mafia land of politically criminal potentates has been fully vindicated by the recent judgement of the Gujarat High Court.
In this context, I can not help lapsing into imagination and starting this lurid story about this wholly disgraceful public affair with a piece of not so wholly a baseless fiction. Recent tradition has it that in a red light area like G B Road in New Delhi six beautiful and known call-girls of international fame were caught red-handed under the Suppression of Immoral Traffic Act by a bold and courageous Sub-Inspector of Police, locally quite famous for his high integrity. One defiant prostitute out of the six, with high political connections, shouted at the SI: 'Don't you know that there is no Suppression of Immoral Political Traffic Act in force? I will have you fixed under the Law of Law (lessness!) by the Government, where too I have my chosen friends, favourites and comrades'. She kept her word and a vigilance case was foisted on the Sub-Inspector by the ever obliging Criminal Bureau of Imposition and Instigation (CBII) under the personal supervision of the Home / Railway Minister. The innocent Sub-Inspector who had dared to enforce the Law was dismissed from service. Does this not sound outlandish, barbarous and highly improbable? The moral of this imaginary story is that anything outlandish, anything barbarous, anything abominable is always possible in the UPA Government which only believes in the planned constitutionalization of criminalization of the Legislature, the Judiciary and the Executive in India with pseudo-secular alacrity, audacity and fervour!
With tainted Ministers facing criminal charges, in many Indian Courts of Law, occupying the highest positions as Cabinet Ministers in the Union Cabinet, the so-called outlandish fictional story outlined above, has indeed become a day to day joke in the functioning of this anti-people UPA government today. I am saying this because the Gujarat High Court Justice B H Vaghela two days ago has given a judicial verdict setting aside the establishment of the Commission headed by former Supreme Court Judge U C Banerjee in September 2004 as illegal. This Commission was a political creation of the Government of India as a part and parcel of Congress-engineered vote bank politics on the eve of Bihar elections. The commission was expected to probe into the incident in which 58 kar sevaks were killed in a fire in S-6 coach of Sabarmati Express at Godhara railway Station in Gujarat in February 2002. Justice B H Vaghela passed this judgement on a petition filed by the lone survivor of the Godhra carnage, Neelkanth Bhatia, who had challenged the setting up of Banerjee Commission even when Justice Nanawati Shah Commission was already probing the matter.
On 18 January 2005, I had written an article in News Today under the title 'A SECULAR TSUNAMI' on the Banerjee Commission and I had called it as illegal, unconstitutional and unnecessary. The pseudo-secular mafia of mass media—all the main English language newspapers, main TV Channels etc— had welcomed the Banerjee Commission Report during that time. I had raised the following public issues in my article:
'As soon as this tainted Minister assumed charge as Railway Minister in the Humpty Dumpty Rickety Secular UPA Government in New Delhi, instead of focusing attention on several matters connected with Railway Development in his own allotted Ministry, he gave knockdown priority to the appointment of Justice U.C.Banerjee as Chairman of a High level Commission to investigate into the causes of the fire in the Sabarmati Express that killed 59 Kar Sevaks in February 2002. This Committee was formed in September 2004 and was given extension on 3 December 2004. This Committee submitted its interim report on 17 January, 2005. Justice Banerjee has come to the revolutionary conclusion in a record time of less than 150 days that it was purely an accident. He has come to this conclusion by completely ignoring the work of enquiry being already conducted by Justice G T Nanavati and Justice K G Shah Commission for the last 2 years. Justice Banerjee has also chosen to ignore the findings of the Special Investigation Team (SIT) of the Railway Police formed 3 years ago to probe into the Godhra train carnage. Lallu's unorthodox style of politics and politicking has paid him rich dividends for the last 20 years. He sincerely believes in the political theory that in Bihar's communal politics too much truth can be often uncouth and planted untruth can be potently quite couth. He has continuously demonstrated that he has an evolved respect for the Rule Of Force And a born Contempt For The Rule Of Law.
'Against the above factual background, it will be clear that Laloo Prasad Yadav has indeed master minded and stage-managed the Banerjee Commission Report in the manner and measure required by blatantly abusing his Ministerial authority. He thinks that this doctored report will serve as a lethal weapon against his opponents, particularly the 'communal' BJP and its allies, in the Assembly Elections in Bihar to be held next month.'
'The people of India would like to know as to why Laloo Prasad Yadav should arrogate to himself the un-allotted duties and responsibilities of a Union Home Minister in appointing a Commission like the Banerjee Commission when another parallel Commission called Justice Nanavati and Justice Shah Commission is already more than halfway through the work of judicial enquiry and investigation into the Godhra massacre which took place nearly 3 years ago on 27 February 2002?'
'The people of India would like to know whether Laloo Prasad Yadav felt that Justice Banerjee was more secular than Justice Nanavati & Justice Shah?'
'Why should Justice Banerjee function as a marketing manger for Laloo Brand of Bihar-centric secularism?'
'The people of India would like to know as to why the Union Home Minister Shivraj Patil cheerfully abdicated his allotted responsibility in respect of matters relating to Law & Order and Internal Security to the Union Railway Minister? Does it mean that 'partisan Ministerial Interest' shall have precedence over time-honoured Public Interest in the UPA Government?
In January 2005, I had also commented that following the callously cavalier example of Lallu Prasad Yadav, every Cabinet Minister in the UPA Government would try to create a politically-oriented Commission Of Enquiry to settle old political scores in his respective state. This may lead to a proliferation in the number of Commissions Of Enquiry, forcing the Government of India to create a new Ministry for Commissions Of Enquiry which will indeed be a new landmark and milestone in the history of Constitutional Law in India after independence. Since the foreseen and unforeseen demand for retired Supreme Court & High Court Judges for such gigantic national tasks of paramount political importance will far exceed the available supply, the Union Ministry of Law should take action on a war footing to create 500 additional posts of. Supreme Court Judges and 2000 additional posts of High Court Judges (strictly based on Arjun Singh's communal quota formula!) in the immediate future. Only then will they be in a position to get over this recurring problem of having to deal with the ever-present demand for pliable, flexible, malleable and pseudo-affable judges with high level of IQ (Invertebrate Quotient) and not IQ (Intelligence Quotient), not IQ ((Inspiration Quotient ) and not IQ ( Integrity Quotient ) !!.
Dr Manmohan Singh by giving unfettered freedom of action and voice to all his Cabinet Ministers to function in a raucous manner has indeed opened up new vistas of governance under the Cabinet System of Government in a Parliamentary Democracy in the 21st century. I would not be surprised if the House of Commons in England and the Congress / Senate in USA depute special teams to New Delhi to understand the nuances, technicalities, procedures, processes and the frame-work of this new system of Guided Commissions Of Enquiry ( like the Banerjee Commission of Enquiry ) launched by UPA Government in 2004. The newly elected Secretary General of the United Nations, Ban Ki-Moon , may also be inspired to depute a team of UN Officials to New Delhi to study the new system for suitable adoption in the United Nations. I am motivated to say all this taking note of the boisterous enthusiasm displayed by our great IIMs to invite Lallu Prasad Yadav to their campuses in order to enable their Professors and students to learn at the sacred feet of this Mega Management Maha Guru!.
Great men like Justice Banerjee, Lallu Prasad Yadav have really qualified for the political award of Bharat Ratna next year! They have shown their pluck; they now count on their proven luck. They have only to compete with exemplary men like former Governor Bhuta Singh who has already covered himself with immortal glory in Bihar!
(The writer is a retired IAS officer)
e-mail the writer at vsundaram@newstodaynet.com