When the judges of the highest court in the land go bonkers
Retrial of the Best Bakery case is travesty of justice. The judges have been corrupted and swayed by media hype and have played into the hands of mischievous secularists who are bent upon keeping the communal cauldron boiling in Gujarat. It is purely a political judgement.
No court in the world can accept the testimony of contaminated witnesses like Zahira. A retrial is impossible in this case. There has been no fresh evidence. The witnesses have already turned hostile. They cannot be used as witnesses any more. The day Zahira Sheikh's new testimony will be recorded and re-considered in the retrial, the entire judicial system of India will come crumbling down.It would mean that every case in this land will become fit for retrial and witnesses will be able to change, and re-change their testimonies at will. They will have a ball. The concept of hostile witnesses will disappear from law books. Only a stupid judge cannot comprehend the enormity of such a joke of a legal decision. Justice Doraiswamy Raju and Arijit Passayat are certainly stupid judges. They are insane and they must be examined by doctors.
And if the SC thinks that the judges in Gujarat Courts are no good, it should dismiss all of them now. Can the SC do it? The SC will have to dismiss the Gujarat government as well. And very soon the SC will acquire the right to dismiss the central government. It is quite possible that third rate judges of the SC will be administering the whole of the country and the executive will be reporting to these judges for all administrative decisions.
Justices Doraiswamy Raju and Arijit Passayat do not deserve to be the Supreme Court judges. They should be sacked. Otherwise, the only way to make these wayward judges to behave is the Lalu way. He knew how to put these ordinary mortals in place who assume the role of an omnipotent God. However, Vajpayee is too weak-kneed to do something like this. He does not have the will to take the SC on.
Do these judges know what have they done? Has absolute power gone to their heads? Do they realize that they have destroyed the credibility of the highest court of the land and their judgement is going to create an unprecedented havoc with our judicial system?
Do they realize that each and every case that is being debated in countless courts across the country can be considered a mistrial if the criterion used by these SC Judges to retry the Best bakery case are applied to those cases? Do they realize that they have not just overruled the judgement of a lower court in Gujarat, they have damaged the credibility of Gujarat High Court. The Gujarat HC had considered the changed testimony of Zahira and had found it inconsistent. Are they trying to say that Gujarat HC is useless too?
What is the guarantee that the accused in Best bakery case will get justice in the retrial? It is evident that the SC has already convicted them. In fact, it has conspired against them. Can Judges do this? These SC judges have already hanged the accused even before the trial. And what retrial are they talking about? Zahira Sheikh has been living with Teesta Seetalwad, a confirmed and begotted liar, who has an anti RSS agenda. She has been training and tutoring Zahira all along.
And why the Best Bakery case is being transferred to Maharashtra? Is it because it has an anti BJP government in the state? Are we being told by the SC that Maharashtra's judicial system is better than that of Gujarat? Are we going to grade the judicial systems of different states now? Does it mean that Doraiswamy Raju and Arijit Passayat are playing the Congress game? We must look at the antecedents of these judges. Who knows, they may be Congress stooges, appointed during the Congress regimes, ready to deliver judgements favouring their friend Kapil Sibbal. Everyone knows that Kapil Sibbal is more of a fixer than a lawyer. He is a favourite of Sonia for this reason alone. The secularists and the Congress are playing with fire here. What do they want? Do they want the judicial system of this country to be destroyed?
The jurists who are hailing this foolish and bad judgement of Passayat and Doraiswamy as a great one, have a closed mind. Why do they have to do it? There are other ways of settling political scores with Modi. This is not the way.
What are the learned jurists like Shantibhushan doing? They must protest. Cannot they see the dangers entailed in this disaster of a judgement? Is this country going to be subjected to the dictatorship of the Supreme Court now? The Congress and the secularists can be mighty pleased with some of the SC judgements in the recent times. However, they are mistaken. Their rabid antagonism towards Narendra Modi, the BJP, and the VHP has crossed all the limits. They must not be so short sighted. If the pedestrian and rank bad judgements of SC are hailed as victory of justice, the day is not very far when a mad SC judge will be dismissing elected governments and questioning each and every move of the executive and ordering it around.
What are the State Governments doing? They must protest. They must oppose the SC judgement. What is the J & K State government doing?
We had judgements that took away the right to strike from the people. We had a judgement that gave absolute discretionary power to a district magistrate to stop the movement of an individual around the country propagating his/her views. Now we have the Best Bakery case, where the entire judicial system of a state is put in the dock and is superseded by the SC. This Supreme Court has been intervening in matters that can be dealt with by Tehseeldaars. These judges have lowered judicial standards like never before.
The Supreme Court has also interfered in the local administration of justice and has put a question mark on the ability of the judicial system of Gujarat. It has painted all of them with a black brush. This is reprehensible and improper. The Supreme Court must be challenged on this issue. It is turning into the fiefdom of a few media driven judges. The people of this country should demand the resignation of the Chief Justice of India for allowing the highest court of the land being turned into a Kangaroo court.
What more, the Best bakery Judgement strikes at the very root of federalism. It makes a mockery of our constitutional norms. What happens when the SC itself turns against the constitution?
We must protest against the SC vehemently before its bad judgements destroy our judicial system forever.
What should people and the Gujarat government do now to teach a lesson to these belligerent, and incompetent judges who use their absolute power without discretion? Here is an action plan.
And now a few words about the media. The untrained, inexperienced, greenhorn, and wooden headed TV journalists and media pundits must hold their tongues. They are going to further the communal divide by their lies, half truths, and misinformed and biased opinions. May be even the Supreme Court judgement will help their enemy No.1.
- Gujarat Government must seek a judicial review of this judgement by a larger bench. It should use every constitutional recourse to expose the bias and stupidity of these judges. It must not sit back and take it lying down. In fact the Chief Justice Khare should call for a review of the judgement and take corrective steps if he wants to save the reputation of the SC. He should ensure that the review bench does not have left leaning, pro-Congress, ex-JNU judges.
- Flood the Supreme Court with countless PILs demanding transfer of cases from states like Maharashtra, West Bengal, Karnataka, Assam, Tripura, Bihar, Uttar Pradesh, and Delhi as the trials in these states cannot be fair.
- Demand the retrial of 1984 cases in Delhi. Let these cases be tried in Rajasthan.
- Demand the sacking of all the public prosecutors in all the states and let the Supreme Court appoint new prosecutors with no political, social, religious, and cultural association. Let the Supreme Court do it in a transparent manner. Even one case where the Court has faltered, should be considered good enough to indict all the judges of the highest court.
- Demand the retrial of Bofors case.
- Ban the entry of Supreme court judges and secularists like Teesta Setalwad and Shabnam Hashmi in Gujarat. Why are they being allowed to spew insults after insults on the people of Gujarat by managing an anti-Gujarat TV media? They are a threat to state's law and order. They should not be allowed to set foot on the soil of Gujarat. If Raju and Passayat dare to enter Gujarat, they should be arrested and put behind bars, for they can be a threat to the Law & Order situation in Gujarat.
- The judges of Gujarat courts should resign en-mass if there is any self-respect left in them.
- There should be huge protests against the Supreme Court order on the streets of Gujarat. If possible, the people of Gujarat should march to the Supreme Court in large numbers and gherao it. That is the only way of warning the SC that it must not deliver political judgements in future.
- Gujarat Government can also hand over all the cases across Gujarat to the SC and shut local courts.
- Gujarat Government should send each and every file to the SC. Let the Chief Secretary and other secretaries sit in Delhi. Let the SC rule Gujarat and maintain communal harmony if it can.
If Narendra Modi has any political acumen, he must go on the offensive against the Congress and the secularists and the media. He should let the people of Gujarat know that the conspiracy of these groups in maligning the judiciary and leadership of Gujarat has temporarily succeeded. He should also put the media in the dock. The Best bakery case is a media trial. The biased media men and media organizations must not be spared now. Their entry should be banned in Gujarat. The people should resist them everywhere. They should be questioned and countered. The Gujarat government must go to the court against media organizations if they publish or broadcast unsubstantiated stuff. They are vitiating the law and order situation in Gujarat. This is evident. Modi should field well informed and smart talkers in every talk show who can answer the falsehood being spread by the secularists.
Khullamkhulla strongly believes that Gujarat in general and Modi in particular is being targeted by a section of judiciary, media, and political establishment who have their own motives and who do not actually care for justice or truth.
You should also visit the following links -
Subhash C. Kashyap on Lyngdoh and Gujarat
Why is the Supreme Court being selective in dispensing justice?
