The Indian government, cross party, has shown little creativity in their legal tool kit. Despite Pakistan being named, again and again, as responsible for the attack, no official has been named in an investigation or prosecution, or proceeded against legally. Can the Indian government do so? Currently, with great difficulty, but it can add to its legal arsenal, and use the law to build a case against Pakistan. The law offers a peaceful, accountable and legitimate response to terrorism.
What cannot be ignored is that we are also fighting a war of ideas. Love towards one’s nation cannot be regulated; it cannot be manufactured or policed. By silencing individuals using laws of sedition, institutional action, and intimidation, and by denying these citizens of the Indian republic their right to free expression, we merely brush the most hostile and destructive ideas under the carpet instead of tackling them in the public sphere.
The term Dalit cannot die with one circular. It is an evolution of identity out of years of sufferance. No matter how hard the government tries to snap the associations of all suppressed classes, it will only emerge out louder, stronger and clearer.
The two court masters who have been dismissed had the protection of Article 311. The question that arises is, why was there no inquiry conducted and no charges framed against them before their services were terminated. Dismissal dispensing with inquiry itself is a serious matter, not only because it affects the rights of person concerned, but also because it deprives the general public of the right to know what was the misconduct committed by the public servant.
In a landmark judgement on February 5, 2019, the Supreme Court of India dismissed a batch of Special Leave Petitions filed by the Government of India and the IPS Association against a judgment of Delhi High Court, which had granted the status of “Organised Group A Service” (OGAS) to the cadres of “Central Paramilitary Forces” (CPMF). The Supreme Court upheld the order of Delhi High Court in totality and confirmed the status of Organised Service for these officers and directed the Government to fulfil their long-pending demand for extending “Non Functional Financial Upgradation” (NFFU).
But apart from the obvious implications of off-the-record “parallel negotiations” by the PMO, what does this mean for the Supreme Court judgment delivered on December 14, 2018, rejecting several petitions filed for a mandamus directing the CBI to lodge an FIR in relation to the deal? While the Court is entitled take a point of view on law which may be debatable, it is not at liberty to play fast and loose with the facts. We have a right to insist that court proceedings are not manipulated by the Government by presenting half-truths in sealed cover to the court.
The procedure mandates that the local administrative authorities requisition Central Police Forces through the prescribed channels. What was the emergency that prompted the Centre to abandon the prescribed procedure? Argument that CRPF was not deployed in aid to Civil Authority but to protect an office complex does not hold good. The deployment of CRPF in Kolkata was patently unconstitutional.
When the truth is stated, it does not “scandalise” the court. If it is true that the Selection Committee HPC held on January 10, 2019 did not select M Nageswara Rao as the interim director, then the question of “scandalising” the court may not arise. Moreover, the contempt application suggests that Prashant Bhushan has “scandalised” a sitting judge of the Supreme Court of India. It is true that Justice Sikri was a member of the Selection Committee, but while sitting on the Committee he was not performing a judicial function but an executive function of making a selection to a post.
By no stretch of imagination does it mean that the CBI has the power to make the raid at the office of the Kolkata Police Commissioner in relation to the investigation, when the High Court is seized of the matter and has passed an order keeping in abeyance the CBI summons to the Kolkata the police in relation to the investigation. India has no "federal crimes", only a federal investigating agency. Its powers are subject to the State giving its consent to investigate a crime within its territory.