Saturday, February 14, 2015

Judicial system that British gave to India

The Indian judicial system is a shining example that a pro-colonial academic in law and sociology would cite in favour of British Raj. Afore mentioned system came into existence in 1860 after forming of law commission with chairmanship of Thomas B Macauley in 1834 under Charter Act-1833. The laws formulated by British during this period are currently being used as basis in India, Pakistan, Bangladesh, Burma, Sri Lanka, Singapore and Brunei (Wikipedia-Feb 13, 2015)

Indians who were subject to this new justice system introduced by British soon started feeling the heat. The first victim who paid a price with his life to this justice system was an employee of East India Company. His name was Maharaja Nandkumar, a tax collector of Bardhwan, Nadia and Hugly. He draw East India Company's attention toward financial corruption of Warren Hastings. Latter was enjoying top position of Governor General of the company. The documentary evidence of bribe worth "more than one-third of million rupees" (Archives of Empire: Volume 1. From The East India Company to Suez Canal, 2003) was dubbed as accusation against Warren Hastings. In order to save Warren Hastings, his friend George Vansittart connived with other local Indians and charged Nand Kumar with forgery. Despite having no jurisdiction to try an Indian for a crime against an Indian, in the light of evidence that was termed doubtful according to English forgery statute (The Bribery of Warren Hastings: The setting of a standard for integrity in Administration, Hofstra Law Review, Vol. 10, 1982), Supreme Court judge Sir Elijah Impey, again a friend of Warren Hastings, sentenced Maharaja Nanda kumar to death using English law that held forgery as capital offence (India Under British Rule, 1886, p. 67). Thus, with the help of friends at high positions, Warren Hastings - a designated public robber by Edmund Bruke, saved himself from charges of corruption in India. 

Similar attempts are currently being made to save another "public robber" who is famously known as "Social Activist". Her name is Teesta Shetalvad. Teesta Setalvad became famous social activist after infamous riots in Gujarat, India, during Feb-March 2002. Currently she is facing serious "allegations of cheating, misappropriation and breach of trust" (Indian Express Date: Feb 13, 2015) regarding the funds raised to help riot victims.

Her conviction to help riot victims lead to raise funds in substantially large amounts that she has been accused of using for personal benefit. One wonders if helping riot victims was real motive behind the fund raising. Her hate for Hindu community can be gazed from the following tweet of her that links Islamic State horrors in Iraq to Hindu deities.
Furthermore, she was the face of vilification campaign that run against the then chief minister of Gujarat and current Prime minister of India, Narendra Modi. If money trail can lead to source of this campaign, Ministry of Human Resource and Development, India, ministered by Sh. Kapil Sibbal donated Rs 13,900,000/- to the trust run by Ms Teesta Setalvad. No wonders, Teesta lead the hate campaign against the elected chief minister that lasted for nearly 12 years in print and electronic media, despite supreme court appointed special investigation team found no evidence of involvement against Sh. Narendra Modi. 





All criminals are entitled to bail in order to prepare their defence subject to court orders. In this case, she was denied anticipatory bail by high court of Gujarat. As in the case of Warren Hastings, with the help of "friends" in the high offices, she avoided imminent arrest. The prompt response of Supreme Court to bail plea of Teesta Setalwad surprised many.


Despite hearing bail plea at lightening speed for the social activist, the judges of the Supreme court of India, who are enjoying constitutional independence in functioning from executive, wants to hold government responsible for extraordinary delays in delivering justice to Indian citizens.

"Senior Supreme Court judge Justice T S Thakur, who is due to take over as the Chief Justice of India later this year, on Thursday blamed “lack of governance” and “officials’ inability to take decisions” as prime reasons behind the deluge of cases choking the justice delivery system." (Indian Express Date: Feb 13, 2015)

In the end, urge of concious citizens of India to Modi Govt. has been summed up in following

Update: Feb, 18,2015

Despite rejection of bail, in a due process by high court of Gujarat, prominent left leaning intellectuals, Noam "Chomsky, historians Irfan Habib and Romila Thapar, economist Amiya Bagchi, Prabhat Patnaik, and Ashok Mitra, noted Sanskrit scholar Sheldon Pollock, film-maker Kumar Sahani and screenwriter Saeed Mirza, among others"(Hindustan Times Feb 18, 2015), have begun to use their prominent positions in academia to influence public opinion.

In order to build public sympathy and portray his client as victim, the print media that has been hostile to then elected chief minister of Gujarat is providing op-ed space to the lawyer who is defending Teesta Setalvad.

After issuing interim bail, by a SC bench on a phone call request, till the plea of anticipatory bail is heard, supreme court is going to constitute a new bench to decide fate of Teesta Setalvad. Wondering if this new bench is being constituted on advice of executive or its the liberty that Indian constitution provide to Supreme Court of India [to further delay the proceedings].



Update: Feb 19, 2015

The defence lawyer of Teesta and former minister of Ministry of Human Resource and Development, Sh. Kapil sibble argues "If she is arrested and sent to jail, the voice of dissent against the might of a state will be lost. She is ready to face investigation. This is a fit case for grant of anticipatory bail. Please don't allow Gujarat Police to arrest her"(Times of India - Feb 19, 2015). While lawyers argue anything in the court, one of the reason for the Gujarat high court to reject the bail plea was "Setalvad was not cooperating in the probe" (Indian Express, Feb 13, 2015). Furthermore, high court judge J B Pardiwala rules that “They cannot be armoured with full fledged anticipatory bail when applicant did not cooperate with the investigation,”.

 The publication of op-ed by another lawyer and defender of Tessta in supreme court led to unprecedented development. The Chief Justice of India, appointed new bench for bail plea hearings. The times of India inquiry revealed that "none of the judges on the earlier bench, Justices Mukhopadhaya and Ramana, had rescued from hearing the petitions" (Times of India - Feb 19, 2015)
The new bench has started afresh. All time and money spent by Gujarat high court appears to be wasted as their ruling is completely disregarded by supreme court. 


Cartoonists look better than common man!!!

A fair criticism of supreme court on extraordinary delay in delivering justice to Indian citizens if they are not having contacts in high offices.

 An opinion that supreme court least bothered to consider.

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