Justice Liberhan says he is relieved!!!!!
Justice M.S.Liberhan must be a happy man. He was head of a Commission and thus commanded all the paraphernalia that comes with such post-retirement sinecure for such long time. If I may take the discussion a bit further, the retired judge of theDelhi High Court did not have such a long stint as High Court judge as much as he had as head of the commission. And when he said that he was a happy man and felt relieved, he was not speaking for himself alone.
The nation, after having spent as much as Rs. 8 Crores as salary for the staff of the commission and also having paid for the infrastructure that the commission enjoyed, must certainly be relieved of the burden now. Such cynicism is indeed inescapable given the subject matter that was left to be unraveled by the Commission; and that Justice Liberhan took so long to find out the truth.
Well. One does not know whether he has found out something or whether his findings are f any significance to the strengthening of our democracy. If experience of the past is to be of any help, one may simply conclude that it is a great relief that the Honourable retired Judge decided to record his findings and present the report. The staff, who must have been drawn from the various sections in the Home Ministry and the Judicial departments will be repatriated. And between the time they left their department to join the commission and now, their salary must have increased several times; thanks to the fifth and the sixth pay commission reports implemented during this time.
It is also a matter for concern that some of them may have left their parent department in their middle age and must be on the verge of retirement now. It is also possible that some of the departments may have been wound up and their repatriation might raise some issues. In short, it is indeed a sad commentary on the politico-legal system that we have built in the sixty two years of independence.
Recall the facts in the case of the Babri Masjid-Ramjanmabhoomi controversy. Beginning 1986, when a Magistrate Court in Faizabad ordered opening the locks and letting devotees into the 1526 structure, the issue has dominated the political discourse for several years and has caused the death of several hundred people in communal riots and the destruction of property worth several thousand crores of rupees in all these years.
It is also a fact that the entire show, including the campaign, the violence and the destruction of the 16th century structure on December 6, 1992, was orchestrated and conducted by men and women from the political establishment. If the Congress under Rajiv Gandhi was responsible for taking the issue to the political centre-stage when the decision to have the magistrate’s court order opening the locks was taken (it happened on February 1, 1986), the BJP simply hastened to take up the campaign as its own from the Palampur meeting of its National Executive in June 1989.
The point is that the destruction of the Babri Masjid on December 6, 1992 was only the culmination of the cynical political games that the BJP and the Congress(I) played, over the years, with an eye on the Hindu majority votes. It is also a fact that the BJP beat the Congress in this cynical game. It is also a fact that the BJP leaders, including L.K.Advani and M.M.Joshi were engaged in gathering the crowd there. They also knew that those who gathered at Ayodhya on that fateful day carried all kinds of demolition tools with them. It is also a fact that Kalyan Singh, Chief Minister of Uttar Pradesh on that day knew all these and had failed, in his capacity as Chief Minister, to stop the mosque from being destroyed.
It is also a fact that such other BJP Chief Ministers: Bhairon Singh Shekawat of Rajastan, Sundarlal Patwa of Madhya Pradesh and Shanta Kumar of Himachal Pradesh were held guilty of having allowed the communal mobs to gather and prepare for the demolition and hence failed in their constitutional duties. I am referring to the Supreme Court’s judgment, in the S.R.Bommai and others vs Union of India case, holding the dismissal of the three BJP State Governments in the aftermath of the Babri Masjid demolition. The point is that these truths were known to us and endorsed by the highest judiciary as early as in 1994. But Justice Liberhan seemed to take longer time than the apex court in unraveling the story behind the Babri Masjid demolition.
And, it now depends on what the Union Cabinet decides to do with the report. The law, as it is, warrants tabling of the report along with a memorandum on the action taken on it, in Parliament. This is necessary only in the event of the Cabinet deciding to accept the recommendations in full or even partly. It is not necessary to show the Liberhan report to the people of India in the event the Union Cabinet finds it unacceptable or not worthy of acting on it. Either way, it does not make a difference to ``we the people of India….’’ for we hardly have a choice between those who led the demolition from the front and those who let it happen from behind.
Justice M.S.Liberhan must be a happy man. He was head of a Commission and thus commanded all the paraphernalia that comes with such post-retirement sinecure for such long time. If I may take the discussion a bit further, the retired judge of theDelhi High Court did not have such a long stint as High Court judge as much as he had as head of the commission. And when he said that he was a happy man and felt relieved, he was not speaking for himself alone.
The nation, after having spent as much as Rs. 8 Crores as salary for the staff of the commission and also having paid for the infrastructure that the commission enjoyed, must certainly be relieved of the burden now. Such cynicism is indeed inescapable given the subject matter that was left to be unraveled by the Commission; and that Justice Liberhan took so long to find out the truth.
Well. One does not know whether he has found out something or whether his findings are f any significance to the strengthening of our democracy. If experience of the past is to be of any help, one may simply conclude that it is a great relief that the Honourable retired Judge decided to record his findings and present the report. The staff, who must have been drawn from the various sections in the Home Ministry and the Judicial departments will be repatriated. And between the time they left their department to join the commission and now, their salary must have increased several times; thanks to the fifth and the sixth pay commission reports implemented during this time.
It is also a matter for concern that some of them may have left their parent department in their middle age and must be on the verge of retirement now. It is also possible that some of the departments may have been wound up and their repatriation might raise some issues. In short, it is indeed a sad commentary on the politico-legal system that we have built in the sixty two years of independence.
Recall the facts in the case of the Babri Masjid-Ramjanmabhoomi controversy. Beginning 1986, when a Magistrate Court in Faizabad ordered opening the locks and letting devotees into the 1526 structure, the issue has dominated the political discourse for several years and has caused the death of several hundred people in communal riots and the destruction of property worth several thousand crores of rupees in all these years.
It is also a fact that the entire show, including the campaign, the violence and the destruction of the 16th century structure on December 6, 1992, was orchestrated and conducted by men and women from the political establishment. If the Congress under Rajiv Gandhi was responsible for taking the issue to the political centre-stage when the decision to have the magistrate’s court order opening the locks was taken (it happened on February 1, 1986), the BJP simply hastened to take up the campaign as its own from the Palampur meeting of its National Executive in June 1989.
The point is that the destruction of the Babri Masjid on December 6, 1992 was only the culmination of the cynical political games that the BJP and the Congress(I) played, over the years, with an eye on the Hindu majority votes. It is also a fact that the BJP beat the Congress in this cynical game. It is also a fact that the BJP leaders, including L.K.Advani and M.M.Joshi were engaged in gathering the crowd there. They also knew that those who gathered at Ayodhya on that fateful day carried all kinds of demolition tools with them. It is also a fact that Kalyan Singh, Chief Minister of Uttar Pradesh on that day knew all these and had failed, in his capacity as Chief Minister, to stop the mosque from being destroyed.
It is also a fact that such other BJP Chief Ministers: Bhairon Singh Shekawat of Rajastan, Sundarlal Patwa of Madhya Pradesh and Shanta Kumar of Himachal Pradesh were held guilty of having allowed the communal mobs to gather and prepare for the demolition and hence failed in their constitutional duties. I am referring to the Supreme Court’s judgment, in the S.R.Bommai and others vs Union of India case, holding the dismissal of the three BJP State Governments in the aftermath of the Babri Masjid demolition. The point is that these truths were known to us and endorsed by the highest judiciary as early as in 1994. But Justice Liberhan seemed to take longer time than the apex court in unraveling the story behind the Babri Masjid demolition.
And, it now depends on what the Union Cabinet decides to do with the report. The law, as it is, warrants tabling of the report along with a memorandum on the action taken on it, in Parliament. This is necessary only in the event of the Cabinet deciding to accept the recommendations in full or even partly. It is not necessary to show the Liberhan report to the people of India in the event the Union Cabinet finds it unacceptable or not worthy of acting on it. Either way, it does not make a difference to ``we the people of India….’’ for we hardly have a choice between those who led the demolition from the front and those who let it happen from behind.
posted by Krishna Ananth at
6:22 AM
10 Comments:
Sir, This is an excellent critique of the commission and the political culture of the two major national parties in India. I'm wondering what would have been your response had the commission submitted its report say within couple of years of masjid demolition incident. I think we have to pose counter-factual possibilities. Would be grateful if you can clarify. It is a puzzle because some of your earlier post tend to be celebratory of certain aspects of Indian democracy whereas at other places you seem to be overtly critical.
Well. I do not see a place for ``if'' in political analysis. So, what would have been my position ``if'' the comission had completed its work earlier, is a difficult question to answer.
As for celebrating democracy, I am convinced that it is still the most ideal forms of governance but being distorted by the day by the forces of status quo. And why is it that I am overtly critical at times? Well. I am critical of the distortions not the concept.
¬¬¬¬ As for celebrating democracy, I am convinced that it is still the most ideal forms of governance ¬¬¬¬
Surprising to hear this from someone who celebrated Tiananmen Square killing. What a hypocrAZy.
I hate comies
Sir, thank you for the clarification. I only think that counter factual possibilities are rarely posed by social scientists just because the fact or event was not otherwise. But posing "had it been" questions opens up the possibilities for divergence of events in future.
Anonymous: you are entitled to express your opinion but do it in a 'human' manner!
People grow up, as they read and with exposure.
One of the anonymous commenter seems to defy this rule...
Though I am not in love with comies, I agree with Marx's observation that ``everything is subject to the law of changes except the law of changes itself.''
But now, I wonder if I should rethink on that too after reading the comment by the one who hate comies!!!!!!!!
People writting codes in cramped offices and reading for social sciences under the guidance of self-signed intellectuals, who read nothing but Mir publishing works, are talking about growing up with exposure and reading. These are the people who get confused in the usage of human and humane. Thank God Marxism has never been relevant except for people who think they are intelligent enough to read Marx even when is consigned to dustbin.
¬¬¬¬ you are entitled to express your opinion but do it in a 'human' manner!¬¬¬¬
You must tell the "humans" who supported the Tiananmen killing to be "humane" enough.
¬¬¬¬ One of the anonymous commenter seems to defy this rule...¬¬¬¬
Should you not take lessons in english before venturing into reading the Marxist bible to understand it. This is not an insult, but only a suggestion.
Even in the pink buildings of India, it is not a fashion anymore to discuss fake quotations from Marx.
I hate comies
I am at a loss over the purpose behind the comments by this person. It is certainly not meant to discuss any issue nor to lead to a debate. The only purpose, I can see, is that this person is bent upon hurling abuses, wild charges and inferences. I also see that this person happened to be in JNU at around the same time when I was there and is somewhat familiar with my movements since then. And it is strange, I must say,that he does not want to identify himself and enjoys what he thinks is the ambush. This person is also impolite with others who comment on the blog and anyone who agrees with me, even to an extent, is sermonised by this person.
Well. I have a request. Whoever you are, please stop this infantile act. I am what I am and am owning up what I say. You are shying away from even identifying yourself. Stop being a coward and stop deluding yourself.
Respected sir,
iam writing this from kerala..i read ur article..it was fantastic critique. i would like 2 translate it to malayalam for a website started by us-a group of students from trivandrum press club. hope you will give the permission.
Naveen
This comment has been removed by the author.
Dear Naveen
Please feel free to reproduce this or anything from my blog in your magazine, as long as you reproduce it without distortion.
sorry to respond so late. had not looked at this comment until now.
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