The Enforcement Directorate (ED) has filed a case against former Public Works Minister of Kerala and Indian Union Muslim League leader VK Ebrahim Kunju on the charges of money laundering. The Kerala High Court had ordered the Enforcement Directorate (ED) in the month of November to probe in the money laundering case against the former Minister.
Enforcement Directorate (ED) has filed a case against former Kerala Public Works Minister and Indian Union Muslim League (IUML) leader VK Ibrahim Kunju on a complaint regarding money laundering. pic.twitter.com/GmnXc4EtJL
The leader of Indian Union Muslim League Ebrahim Kunju is accused of depositing Rs 10 Crores into the bank account of IUML’s mouthpiece Chandrika when high-value currency notes were banned by the Modi government.
The orders on Kunju was passed by Justice Sunil Thomas in response to a PIL petition by Kalamassery native Girish Babu that sought an investigation against IUML leader for allegedly attempting to convert black money. The petitioner alleged that the income tax department only imposed a fine on unaccounted transactions but did not take action against the accused. The Vigilance and Anti-corruption Bureau of the state government made it clear that according to their investigation that unaccounted money was deposited into the bank accounts.
Kunju is also under scanner for his alleged involvement in the Palarivattom flyover corruption case. The Flyover at Pipeline junction in Kochi was shut down last year after the cracks were observed on the surface. Ebrahim Kunju was PWD minister of the state of Kerala from 2011-2016.
The Supreme Court has said that Kamal Nath government in Madhya Pradesh has to face floor test till 5 pm on Friday, 20 March to end the situation of uncertainty in the state. The apex court issued this order in response to a plea filed by the former Madhya Pradesh Chief Minister Shivraj Singh Chouhan seeking directions to conduct an immediate floor test in the assembly.
The top court said that that floor test would be held by the show of hands in accordance with the law and the floor test should be video recorded. The court also said that if the rebel MLAs want to join the assembly then both Karnataka DGP and Madhya Pradesh DGP should provide them security.
Supreme Court says the floor test would be held by show of hands in accordance with the law. Floor test to be completed by 5pm tomorrow. https://t.co/BliWyVCgwu
The Supreme court had served a notice to the Kamal Nath government on Tuesday on the plea filed by the former CM Shivraj Singh Chouhan seeking a response to conduct an immediate floor test for a stable government in the state of Madhya Pradesh. “The session of the MP Assembly that has been deferred shall be reconvened on March 20. A single agenda for the assembly — to hold floor test on March 20. Citing by show of hands,” the order passed by the apex court read.
In the plea, BJP had stated that “the Congress Government in Madhya Pradesh led by Kamal Nath has a lack of confidence and his government has been reduced to a minority. It has no moral, legal, democratic or constitutional right to remain in power even for a single day. All possible attempts are being made by the Honorable Chief Minister to convert his minority government into the majority by giving all possible threats to the members of the Madhya Pradesh Vidhan Sabha. The horsetrading is at its peak. Therefore, it is essential that the floor test is conducted on 16.3.2020 itself as already directed by Honorable Governor, so that it becomes absolutely clear as to whether the Honorable Chief Minister continues to enjoy the confidence of the majority of the Madhya Pradesh Vidhan Sabha.”
The Congress government in Madhya Pradesh is almost sure to lose the trust vote as 22 of its MLAs, including 6 ministers, have resigned from the assembly. The MLAs left the party after senior leader Jyotiraditya Scindia resigned from Congress and joined BJP.
The cases of COVID-19 coronavirus in India have risen to 169 on Thursday and three deaths have been reported so far due to the virus. The central and state governments have been working relentlessly to contain the spread of the virus by various measures including screening the suspects, banning mass gatherings, closing down public spaces, etc.
However, certain sections of the media have been continuing to mislead the public by false information to create panic among the citizens. There have been misleading reports that PM Modi will be announcing a lockdown in his address to the nation today. Another rumour is also being circulated stating that there was already a lockdown in the country restricting the movement of the citizen.
In similar propaganda, the controversial left-wing news website HW News on Thursday resorted to fear-mongering by claiming that there were rumours of a pan-India lock-down after Prime Minister Modi’s scheduled public address on Thursday.
The HW report stated that considering PM Modi’s history of surprising citizens in the past, many on the internet started speculating what’s in the store for the country now.
“Whatsapp and other social media platforms are flooded with messages that PM Modi might announce country-wide lockdown in his address tonight,” the fear-mongering report stated.
However, Shashi Shekhar, the CEO of the Prasar Bharti has refuted the claims made by HW news and others. Shashi Shekar categorically stated that information regarding the lockdown was incorrect and denied reports that speculated that PM Modi would announce a lockdown in the country during his address. He said that such incorrect reports would cause unnecessary panic in the minds of the people.
Some media outlets are speculating that PM Modi will announce a lock down in his address. This information is incorrect. It will also create unnecessary panic in minds of people, which is the last thing we need in times like this.
Regarding another rumour stating that there has already been lockdown in the country restriction of the movement of the people, Prasar Bharti has confirmed that all the rumour regarding the lockdown spread across social media, especially by the mainstream media are baseless as there has been no lockdown in any parts of the country.
“A Press Release regarding movement restriction is widely getting circulated on WhatsApp claiming to be of Government of India. No such Press Release has been issued by Prime Minister’s office,” said a press release.
Many ‘lockdown’ rumours are going viral on #WhatsApp and other social media platforms. #PIBFACTCHECK: The assertion made in the message is #fake and pure scaremongering.
It is shocking to see that certain sections of the media with an inherent bias towards the Modi government has been indulging in such false propaganda at a time when the entire country is in a panic mode following the outbreak of Chinese coronavirus.
The total number of novel coronavirus cases in India has risen to 169 on Thursday after a record number of fresh cases reported from the various parts of the country. Maharashtra is the worst affected state with the maximum number of cases. According to the data released by the Ministry of Health and Family Welfare, the total tally includes 141 Indian nationals and 25 foreigners.
Later today, Prime Minister Narendra Modi will address the nation at 8 pm today regarding the ongoing coronavirus outbreak across the world and the efforts to combat it. The address comes after a high-level meeting the Prime Minister chaired in the evening to review the efforts to contain COVID-19.
Society in the lands we know in modern times as India once was a society firmly placed on the twin-pillars of self-governance and voluntaryism [1-5]. Voluntaryism is a philosophy that posits that all forms of human association should be voluntary [6, 7]. A voluntaryst society is one where people live, socialise, transact and trade without any structures of power and hierarchy, without any coercion or regressive power dynamics. The decentralisation of power, which ends with a community or family in modern times, ended only with the individual, politically, socially and spiritually, in ancient India. Spontaneous order in political and economic realms were respected and harmonized. While in the past I have written on Dharmocracy – comprehensive (political, economic and spiritual) democracy, in this piece, I go one step further in decentralisation and renegotiation of the normative to the individual. In ancient India, atleast in spirit, it was Swarajya (self-rule of people within picayune kingdoms/republics – so much so, that even in 1947, India had 565 princely states) not Samrajya (imperial rule), catallaxy (a synchronisation of individual economics and interests) not a modern economy (transactions with assumed common goals and interest) [8, 9]. This was the perspective that prevailed, and in such a liberal society, people lived with responsibility, peace and rationality, in what was a rarely found open, free and transparent society [10-12].
The Veda are the fountainhead, the spring of profound and beautiful philosophical, soteriological and spiritual principles and ideas [13-18].
Composed in Vedic Sanskrit, the Veda constitute the oldest layer of scriptural literature within Santana Dharma, with Hindus considering the Vedas to be apauruṣeya, – not authored by man. While monarchies prevailed in Vedic society [19, 20], not only was there a movement away from preeminence given to political power towards a more spiritual one [21, 22] but also the existence of ancient Indian republics – Ganatantra, which contributed towards decentralisation of power [23]. Whether this directly took the form of anarchism is debatable, but there was a move towards reducing the importance of the construct of a primary, overarching state and constructs of powers [24]. The Dharmic path has always been about a fearless trek into the unknown, about seeking the truth of reality [25-27]. It throws out any and every imposed normative ideal of political philosophies, and in doing so, calls for the sacrifice of attachment of the human mind with dogma and rigid political alignments. While this perspective highlights society’s ills and even prescribes possible solutions, it lays a greater emphasis on mutual respect, cooperation and harmony in society rather than rigid loyalties to political constructs of the state or ideologies. This is part of the greater Dharmic realisation of the futility and fleeting nature of all constructs, be it political, social or economic, in the pursuit of the Absolute Truth:
Satya, the Absolute Truth, is beyond constructs of politics and society, particularly those of state and (political) ideologies
And in doing so, it had anarchist undertones, when one considers politics: it highlighted the fallibility of human power and reasoning that can be applicable to one and all, the importance of spontaneous self-organisation and unconscious design in political entities, significance of innovation and influence of factors and forces beyond the control of a central authority.
Satyaniti, this Dharmic anarchism, is the result of the Indic civilisation embracing the dynamism of life, and the spontaneity and capacity to self-organize of human beings.
The principle of self-governance naturally arises from this realisation. Instead of imposed structures, emphasis is on peaceful emergent orders without any rigid conservatism regarding hierarchy, power dynamics and coercion. A truly Dharmic society has at its foundations a preeminent place for honest introspection, self-improvement and evolution of thought and individuality thereby. This is a dynamic way of determining one’s purpose of life, of one’s role within society and the key to one’s happiness.
There is a distinct difference between western anarchism and Dharmic anarchism. While western anarchism is about negation and oft-violent insurrection against political structures, the Dharmic version preoccupies itself with the realisation of why obsession with these political elements is naturally at odds with one’s existence and well-being. The Rishis (seers) since times immemorial led by example, in highlighting how self-governance and self-rule is significant, coupled with anarchist tendencies of not placing much importance with control of the state. They dwelled in forests outside the control of any government, be it of a monarchy or republic of ancient India. They brought forth a spiritual mooring for education and existence, a values-based living and a realisation of Rta (cosmic order) and Dharma (the path that facilitates this order, the universal cosmic principle as well equilibriation in nature).
While western anarchism emphasised anti-state policies, Dharmic anarchism emphasised self-consciousness. While western anarchism went against specific rulers, Dharmic anarchism went for decentralised and non-hierarchical polities. The latter prioritises community living, sensitivity to holistic living and ecologically sustainable lifestyles. This was done with a combination of grassroot democracy (that was centralised around the unit of the Gram – village), Dharma, Varnasrama (not Jaativad) and socio-spiritual realisation of Satya – Truth.
Gram Panchayat. Courtesy: Shagil Kannur
The grassroot democracy can be seen even today with the Panchayati model. Over millenia, this turned India into not only a village-based society but also a strongly community-based and resilient society. The movement towards making these fundamental units of politics and society self-governing and self-sufficient has been seen over the ages. This was in a cooperative model, which was sustainable and nature-bound, and most importantly, independent from the state and its associated politics. Orientalists such as Metcalfe, Munroe and Wilks have described the importance of these communities in India. Kings came and went, dynasties came and went, power exchanged powers, wars took place. What never changed beyond a point was the underlying social fabric of India, based on the village- and community-based model. C. F. W. Hegel highlighted how this system made India impervious to the vagaries of despotism and subjugation by rulers and invaders, even during the colonial era. The achievement of this high level of decentralisation was that there never was a political monolith that a coloniser or invader could demolish for the Indians to fall as a people. It is this rich political heritage that naturally translates to the principle of self-governance, self-rule and Swaraj, and it is this rich political heritage that I would like to stand by.
Satyaniti and Swaraj constitute the historical backbone of the socio-political order of India, through the ages.
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Digvijay Singh is the reason for feuds and factionalism in MP Congress. It is a perfect example of how a personal dislike can bring down a whole government. He is also the only person who benefitted from this entire scandal.
Let us go a little back in time to the year 2018. It was the time of Vidhan Sabha elections in Madhya Pradesh and the Congress unit there was torn apart with in-fighting. Both Jrotiraditya Scindia and Kamal Nath wanted to lead the party and they made their intentions clear to the High-Command. Everybody expected Scindia to lead Congress in MP as he was a close aide of Rahul Gandhi. So, it took people by surprise when Gandhi went with Kamal Nath. The reason you ask? It was Digvijay Singh’s dislike with Scindia and this rivalry dates back to the rivalry of two erstwhile royal families of Gwalior and Raghogarh, the families to which India and Singh belong.
The former princely state of Raghopur once collected revenues for the Maharaja of Gwalior, the Scindias. The brunt of this rivalry was still borne by the descendants in Congress. This Raghogarh versus Gwalior rivalry goes way back to the eighteenth century. Mahadji Scindia was a part of the Maratha forces who fought for the Peshwa against Ahmed Shah Abdali in the Third Battle of Panipat. Though Scindia was injured, he survived. Ten years after the defeat of Panipat, Scindia recaptured Delhi in 1771 and placed the weakened Mughal emperor Shah Alam II on the throne but under the Maratha suzerainty. Daulat Rao Scindia was the successor to Mahadji who defeated the 7th Raja of Raghogarh, Hindupat Raja Jai Singh in the year 1802 and this is where it all began.
Scindia then made Raghogarh the vassal state of Gwalior. So, when the British subdued all Indian princes, Gwalior remained a 21 gun-salute state but Raghogarh became a no-gun-salute state. It is heard that the Scindia senior, MadhavraoScindia also fostered a dislike towards Digvijay Singh, the former Chief Minister of Madhya Pradesh for the same reason. Well, after independence all princely states got de-recognized, but it seems the rivalries still remained.
Now, let’s come back to the year 2018. The youngsters of Congress lobbied hard to let Scindia be their nominee for the post of CM. He was a perfect choice: educated, bright, loved by people and most importantly, belonged to Rahul Gandhi’s inner circles. He did seem as the uncontested winner in this regard. But, when Kamal Nath won the CM’s seat, it seemed that once again Sonia’s coterie Digvijay Singh won. A failed politician trying to destroy the career of a promising young leader just to pacify some age-old rivalry. Rahul Gandhi tried to pacify both sides by tweeting a photograph of him with Nath and Scindia, but the cracks were too deep to be plastered.
But Digvijay Singh wasn’t done jeopardizing Scindia’s chances in Congress just yet. Earlier this year, Madhya Pradesh Congress was supposed to choose its new head. Scindia again appealed for the post and it was yet again rejected. Kamal Nath is not just the CM but also the party chief in MP. The reason? Scindia was not acceptable to all factions, especially to the faction led by Digvijay Singh. Singh’s vehement opposition has left the deserving claimant Scindia failing to get the opportunity to serve in MP state congress’ most powerful post. This further aggravated Scindia’s wounds. The last nail in this coffin was regarding the RajyaSabha nominations. Singh’s intervention also culled Scindia’s chances of winning a RajyaSabha seat from the state. Singh and Nath, who are supposed to be rivals teamed up and ensured that Scindia is side-lined at the party. Well, I think now they are indeed getting a taste of their own Karma.
So, it isn’t unnatural when Scindia chose to explore his options somewhere else. He did try his best to serve Congress, but after being repeatedly denied positions of responsibilities despite working hard, there were no reasons left to be in Congress. BJP did seem like a natural option for him as his father had also started his career with Jana Sangh, the predecessor of the Bharatiya Janata Party. But he also took the calm of MP Congress with him as he left. The MP Congress is at the brink of collapse and Scindia cannot be blamed for it.
Well, the only person who seems to have benefited from the entire scandal is Digvijay Singh. He was seeking to find relevance in the party after his shameful defeat against Pragya Thakur. This entire scandal brought him back to the limelight. In pretending to solve this crisis, he gained both relevance and respect from his party workers. His ploy did give him the results he wanted. What a win-win situation. With Scindia gone, he can now be the face of Congress.
This is indeed a wake-up call for the Congress High Command. Perhaps, if they really want to save the party from an unnatural death, they should start rewarding those who work hard for the party. How long can they survive on the shoulders of oldies and dynasts without recognizing sheer talent and hard work?
43 Indians who had arrived from Pakistan last night through Attari-Wagah Border have been sent to a quarantine facility in Amritsar. Reportedly, 29 people had gone to Dubai to watch a cricket match returned to India on Wednesday through the land transit route of Attari-Wagah border in Amritsar.
Addition to them, fourteen Indian students who were studying in Pakistan have also returned back to the country. They have all been quarantined at a facility in Amritsar, said civil surgeon Parijeet Kaur Johal.
Punjab: 43 Indians who arrived last night through Attari-Wagah Border have been sent to quarantine facility in Amritsar. Parijeet Kaur Johal, Civil Surgeon says,”29 have travel history of Dubai&14 are students studying in Pakistan. Medical reports sent to state govt”.#Coronaviruspic.twitter.com/jdabKIdC1j
As reports emerged that Indian citizens, especially students were residing in Pakistan, netizens expressed surprise regarding the rationale behind Indian citizens going to the terror state of Pakistan for educational purposes.
What the hell is studying in Pakistan supposed to mean? Who even goes to Pakistan for studies? ?♂️ And what do they even study there? ?♂️? pic.twitter.com/hBSdKIG1Ur
May be religious study or some other activities on students visa. @HMOIndia should grill these students. Sleeper ISI Cell toh nahi Hai na? Many possibilities
However, it turns out that the Indian students returned from Pakistan are from Kashmir. As per a Hindustan Times report dated 16th March, 2020, about 100 Indians including 15 students from Kashmir were allowed to return to India from Pakistan through the Attari-Wagah border. A senior customs official on condition of anonymity informed Hindustan Times reporter that about 15 Kashmiri students studying in Pakistan have also returned to India after special screening was carried out for them at the border.
Hundreds of Kashmiri students study in Pakistan. As educational institutes there closed because of coronavirus outbreak, most of them are returning home. Prior to that, about 60 Kashmiri students had returned from Pakistan at Wagah border.
Chennai police have registered a case against four office-bearers of Tamil Nadu Thowheed Jamaath (TNTJ) and 2500 unknown persons for staging a protest without permission and flouting the governments advisory to maintain social distance amidst the coronavirus threat.
#Breaking | Chennai police books 4 office bearers of Tamil Nadu Thowheed Jamaath & 2500 unknown persons for staging a protest without permission & gathering in large numbers during the time of #Coronavirus spread.
After repeated warnings given to the anti-CAA protestors to call off the protests in the wake of the outbreak of novel coronavirus, the Chennai police booked these protestors and the four organisers who have been sitting for the Shaheen-Bagh-style protest in the state.
Shaheen Bagh-style protests were going on in 58 places in the state to protest against the CAA, NRC and NPR. The first such protest started at Washermenpet in Chennai on February 14.
According to reports, these protestors have been booked under four sections of the IPC including section 269 of the IPC which says that whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Nearly 50 organisations, which were protesting against CAA since December, have suspended their agitation in the interests of public health. However, the TNTJ had announced that its protest march outside the Madras High Court premises in the already crowded Broadway area will be held as planned on Wednesday.
Hundreds of TNTJ cadre and sympathisers, holding umbrellas to protect themselves from scorching heat, converged and raised slogans against the Centre and state governments. The mass gathering was organised despite CM Edappadi K. Palaniswami orders on Monday that no permission would be granted for rallies or public meetings as a precaution to curb the spread of the novel Coronavirus.
The TNTJ cadre had said the Citizenship Amendment Act and NRC are “more dangerous” than COVID-19, which has so far “killed only two people” but the former has “consumed the lives of several.”
Earlier in the day, it was reported how one of the organisers of the anti-CAA protests in Delhi’s Jahangirpuri has shown symptoms of the COVID-19 and is currently undergoing tests after he met his sister, who was earlier tested positive. His sister had returned from the Umrah pilgrimage in Saudi Arabia on 11th March. The 35-year-old protestor said he had been to the anti-CAA protest site in Delhi “a couple of times” after meeting his sister on 13 March.
Yesterday we had reported how ‘protestors’ at Delhi’s Shaheen Bagh were defying rules to lead mass protests at the protest site despite warnings from the government that the virus could affect them. Targetting the government over such diktats, the ‘protestors’ had said it was a conspiracy by the government to evict them from the protest site and asserted that they would not move an inch until the government revoked the law.
They also claimed that the protests were a call from Allah and they do not fear the Coronavirus. Instead, they asked to repel all the laws if they cared for the ‘protestors’ at the Shaheen Bagh.
The total number of novel coronavirus cases in India rose to 170 on Thursday after a record number of fresh cases reported from the various parts of the country. Globally, the virus has infected more than 2,25,000 people and killed more than 9200, as per the data available online.
Amidst the Coronavirus scare, the District Administration of Kodagu, Karnataka has released an advisory asking all the passengers who had travelled in the IndiGo flight 6E96 which flew from Dubai to Bengaluru on 15th March to report to the nearest Government hospital, as a positive case of COVID-19 had travelled in the same flight, reports ANI.
Similarly, the district administration has also asked all the people who had travelled in KSRTC Bus No. KA-19-F-3170 from Bengaluru to Madikeri to report to the nearest hospital, as the suspect who had travelled from Dubai, had reached Madikeri in that KSRTC bus.
District Administration Kodagu, Karnataka releases advisory asking those who were on IndiGo flight 6E96 on 15th March, KSRTC Bus No. KA19F3170 from Bengaluru to Madikeri, should report to the nearest Govt hospital, as a positive case of COVID19 had used these facilities. pic.twitter.com/EJpwml2QFf
The total number of novel coronavirus cases in India has risen to 166 on Thursday after a record number of fresh cases reported from the various parts of the country. Maharashtra is the worst affected state with the maximum number of cases. According to the data released by the Ministry of Health and Family Welfare, the total tally includes 141 Indian nationals and 25 foreigners.
There is a much
famous quote of Joseph Goebbels, the chief propagandist of Hitler, about how ‘It
would not be impossible to prove with sufficient repetition and a psychological
understanding of the people concerned that a square is in fact a circle’. But
then there is another quote by the same gentleman which is of relevance to the
topic I am about to broach upon.
‘If the day should ever come when we must go,
if some day we are compelled to leave the scene of history, we will slam the
door so hard that the universe will shake and mankind will stand back in
stupefaction.’
This is one
quote which reflects closely to the statement made by a senior Congress leader
after the electoral rout in 2014 elections. One could have called that
statement as frustrated outburst of a leader who was struggling to stay
relevant in the world which was fast-changing around him. But then, if we look
at the lies which have been propagated with ample support of media and sold-out
intellectuals, we realize Goebbels speaking through that leader. This
propensity to lie with a straight face, unburdened by a conscience, has now
placed our society at large in a strange situation. I am sure when the farce
wears out, we, as citizens, will find ourselves standing back in stupefaction.
The young,
created softly, over the years with little facts and an overdose of emotions, are
reading Preamble of the Constitution these days. People have told them that the
current Narendra Modi government has messed it up and the constitution of India
is in danger. For a democratic nation, there are two things in the Constitution
which were of utmost significance- the definition of the nation and freedom of
expression. The government which came to power in 2014 is being attacked by the
young on both the counts. What helps them is that before and after 2014, the
students continue to read the same books which were meant to create a zombie
out of them, of the kind which ignored facts and celebrated lies.
Only other day,
a young kid argued vehemently with me on the above matters. I wanted to tell
her, that while the first amendment of US constitution was brought in to
liberalize thought and speech, the first amendment of Indian constitution,
brought in by Jawaharlal Nehru, was affected to curtail the freedom of speech. But
I have written on the first amendment earlier as well. I will here restrict
myself to the Preamble. That is something which defines the nation.
There have been
104 Amendments to the Indian constitution. Between Modi and late Shri Atal
Bihar Vajpayee, the BJP ruled government has made 20 amendments (6 by Modi and
14 by Vajpayee). The most far-reaching amendment in the history of independent
India was made by Mrs Indira Gandhi and that amendment was called 42nd
amendment. This amendment came in when the opposition was in prison under the
draconian rules of Emergency. The dictatorial right of the state to pick up
anyone and throw in the prison was challenged in Supreme Court and was rejected
by a judiciary which was led by the Chief Justice of India who was had
superseded three judges senior to him and was appointed with the blessings of
Mrs Gandhi. This amendment did many things to the democratic constitution of
India which was put in place with much care by Dr. Ambedkar and Dr. Rajendra
Prasad.
Let us go back
to the time when the Preamble was finalized to understand the damage that the
Congress government brought to it when India was suffering under an Emergency.
The Preamble was brought in for the debate on 17th of October, 1949.
The earlier Preamble, in its unadulterated form, read that “We, the people of India, having solemnly resolved to constitute India
into a sovereign Democratic Republic”. Initially it was proposed to put the
Constitution in for third reading without Preamble. This was objected by
Maulana Hasrat Mohani and supported by Shri KM Munshi. Maulana Hasrat Mohani
brought in three amendments to the Preamble, first being, replacing Sovereign
Democratic Republic as the nation with Sovereign Federal Republic or Sovereign
Independent Republic. The amendment was rejected. The second amendment or
alternative he proposed was to name India, Union of India Socialist Republic,
in line with the Russia being called USSR. This too was rejected. Then another
amendment was sought to introduce ‘In the name of God’ or ‘In the name of
Gandhiji’ in the preamble. This too was rejected by 68 votes to 41.
Shri Brijeshwar Prasad brought the discussion on the inclusion of the word- Secular and Socialist- in the Preamble. This inclusion was also sought about in a debate on 15th November, 1948, when Shri KT Shah brought in amendment seeking in Clause (1) of Article 1, mention of the terms “Secular, Federal and Socialist”. Dr. Ambedkar’s response explains that the Preamble should never have been tampered with. Dr Ambedkar was against the hard-wiring of the Constitution according to the wishes of Constituent Assembly which might or might not have represented the wishes of all the people, at all the times. He said, “What should be the policy of the State, how the Society should be organized in its social and economic side are matters which must be decided by the people themselves according to time and circumstances. It cannot be laid down in the Constitution itself because that is destroying democracy altogether.”
When the state was under democracy, the opposition was in prison or underground, Mrs Indira Gandhi sneaked in the two terms into the preamble of the constitution. Apart from circumstances, Dr Ambedkar’s words do tell us what she did- destroyed democracy. It is unfortunate that the same Congress which thus destroyed democracy is now handing the same preamble to ill-informed youth who read it believing it to be Ambedkar’s Preamble. Another reason Dr Ambedkar gave while rejecting the amendment is that this was ‘superfluous’. Dr Ambedkar cited Fundamental Rights which anyway assures freedom, liberty and equity to the citizen. It was quite an irony that the 42nd Amendment while introduced these two terms to compensate for Indira Gandhi’s excesses against the minorities and to the people at large under Emergency, they diluted the same fundamental rights like never before.
The original preamble of the constitution
The 42ndAmendment, 1976 brought in by Indira Gandhi Government, and presented in Lok Sabha on 28th of August, 1976 by HR Gokhale, in essence, sought to make 59 changes in the Constitution. It took away the authority of the Courts to examine the decisions taken by the Parliament (this is exactly what the opposition today wants the court to do on CAA). It also proposed that no law providing for the prevention of anti-national activities and prevention of the formation of antinational associations shall be deemed void on the grounds of being inconsistent with article 14, 19 or 31. Essentially it meant that fundamental rights cannot be cited to escape the laws to prevent anti-national activities. Imagine a Narendra Modi bringing such an amendment.
The amendment defines antinational activities too. For instance, action by individual or association which is intended to bring about, on any grounds whatsoever, the cession of a part of the territory of India, or which incites any individual or association to bring about such cession or secession. I do not think supporters of Sharjeel Imam have read Indira Gandhi or 42nd Amendment much. This amendment also brought in fundamental duties under 51A which included the duty of every citizen to abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem. The amendments contained in 42nd Amendment gave discretionary powers to the state and the individual rights which are so strongly contested today, were curtailed like never before.
The ceiling of the maximum duration of the President’s rule was increased from 6 months to 12 months and allowed the union to deploy central military forces to handle any grave law and order situation in any state. Mamata Banerjee was then with the Congress. It was only later decisions of Supreme Court which struck down some of these amendments and restored the balance. The amendment to the Preamble which should have happened after Emergency could not happen as initially it was defeated by the Congress which held 163 seats in the Rajya Sabha, even while in the opposition, and later dismissed in the SC by CJ KG Balakrishnan in 2008 on a petition filed by an NGO and represented by Fali Nariman as being merely academic since the government had not attempted to restore the Preamble in its pre-emergency form. As we see, after the first Amendment, again it was Congress which was on the side working to cripple the liberty and democracy, and as fate would have it, the Right on the side of freedom and fundamental rights. It is really unfortunate that the evil desperation of the opposition and the lack of grassroot communication by the BJP has allowed the truth to be twisted and turned to such an extent that all squares have turned into circles.
After President Ram Nath Kovind refused to consider the second mercy petition filed by 2012 Delhi gang-rape case convicts Pawan Gupta and Akshay Thakur on Thursday and the Supreme court dismissed the curative petition of Pawan Gupta where he claimed that he was a juvenile at the time of the crime, a Delhi court has cleared the way for the hanging of the four convicts on Friday. While passing the order, the court maintained that no legal remedies of any of the four convicts in the Nirbhaya gang rape and murder case were pending in any of the courts.
On March 5 this year, a trial court had issued the death warrant with March 20 as the date.
Earlier today, the Patiala House Court has dismissed the pleas of Akshay Kumar, Pawan Gupta and Vinay Sharma seeking a stay on the death penalty, saying the second mercy plea of one of them was still pending.
The victim’s family, who have been seeking justice for their deceased daughter for the last 8 year, will today surely heave a sigh of relief, as the four convicts in the 2012 case- Mukesh Singh, Akshay Singh Thakur, Pawan Gupta, and Vinay Sharma, are finally scheduled to be hanged at 5:30 am on March 20 (Friday).
Asha Devi, the mother of the victim said: “The courts gave them so many opportunities that they have now got the habit of bringing something ahead of the hanging date in order to get it postponed. Now, even our courts are aware of their tactics,” Devi told ANI.
She added: “Tomorrow, they will be hanged. Nirbhaya and all the girls in India would get justice. They don’t have any pleas left in order to postpone the hanging date.”
Earlier in the day, hours, before the court was to decide on the execution, the lawyer of the convicts, had once again made an attempt to save the lives of the convicts.
Lawyer AP Singh, who had claimed that one of the convicts Pawan Kumar Gupta was a juvenile at the time of the gruesome crime, called the entire case a media trial and made a bizarre comment that ‘govt should be making masks instead of hanging ropes’.
The visibly upset AP Singh made the comments while talking to reporters after the curative petition filed by Pawan Gupta was dismissed by the Supreme Court today. Pawan had filed the curative petition challenging the Supreme Court order dismissing his earlier review petition making the same claim.
Ever since the mercy petition of Mukesh Singh, Pawan Gupta, Akshay Thakur and Vinay Sharma were rejected by the President, the lawyers of them have been using one delaying tactic after another to postpone their hanging. As the death warrants are issued giving a time of fourteen days, they have been filing petitions separately. Every time a petition of one convict is rejected, another one files a petition, starting the process all over again. But now seems they have almost exhausted all the opportunities of legal review, as no court has stayed the death warrant issued by a Delhi court this time.
Every time death warrant was issued, the Tihar Jail authorities have been making arrangement for the hanging. Pawan Jallad, a hangman from Meerut, reached Tihar jail on 17th for the fourth time in three months in this regard. The Jail authorities have already prepared the gallows, and dummy hanging took place on Wednesday to make sure that everything goes well on the day of execution.
According to reports, the jail has procured 8 manila ropes, 4 to use and rest 4 to keep as standby. Moreover, all the four convicts – Mukesh Singh, Akshay Thakur, Pawan Gupta and Vinay Sharma – will be hanged simultaneously inside jail number 3.
The four men are currently lodged in jail 3 next to the hanging courtyard. Each convict is lodged separately and guarded by at least 2-3 jail wardens who monitor their movements round-the-clock.
