IS HE GUILTY, EVEN OF TREASON, MULTIPLE TIMES AND THE JUSTICES OF HSCI ARE LOOKING THE OTHER WAY?
I am a soldier, who, 58 yrs ago, was administered an oath to defend the inviolability of the contours of my Nation, the freedom of its people, my fellow citizens and India's governing Constitution, with my life, if necessary.
With the above in view, I am writing this in my personal capacity as a 1962 commission Army veteran and take full responsibility for every word written here.
Since that fateful moment of Jun 19, '20, when a shocked Nation heard on all TV channels, the statement of the PM of India :
"ना कोई भारत की सीमा मेँ घुसा है, ना घुसा हुआ है और ना ही किसीने हमारे किसी पोस्ट पर कब्जा किया है।"
when _
A number of TV channels were, 24×7, showing "eye from the sky" proofs of the large multiple incursions by the PLA. The Universe saw it, but all of it, somehow, escaped the notice of the overburdened Justices.
With that single statement of the PM :
_ the sacrifice of our 20 brave
soldiers, including a Col, was
rendered senseless;
_ the Chinese were emboldened to
harden their stand & deny any
settlement in the subsequent
endless rounds of talks at the
local Military level.
When many ask me, why the present PM of India cannot be tried for treason & fraud, I realise that they have a strong case, notwithstanding the fact that our Lordships in the HSCI are too busy in pursuing far more important issues, like contempt of court cases, shielding innocent hate-spewing anchors of presstitute National TV channels and ensuring ex-parte, that the CBI must enquire a suicide at the request of the Govt of Bihar, though the incident happened in the state of Maharashtra, thereby completely negating the federal structure created by the Constitution of India.
Federalism in India's Constitution refers to relations between the Centre and states of the Union of India. It establishes the structure of India's governance.
Part XI of the Constitution specifies the distribution of legislative, administrative and executive powers between the Union government and the States of India.
As opposed to a unitary government, in which equal powers are vested in both National and the regional governments, in a federal democracy, the Constitution itself delineates powers between the National and state governments where each of the governments operate independently within their respective jurisdictions.
Aided and abetted by a series of rulings and a determined inaction in hearing cases by the HSCI, the Federal Structure, as enshrined in our Constitution, is being rendered hors-de-combat, just the manner in which Article 370 was made inoperative without abolishing it, through dubiously unsustainable arguments, the legality of which the HSCI has not found time to consider due to other pressing cases as mentioned above,
The seemingly unlimited power bestowed on the Parliament by Article 368 of the Constitution has been used to amend the latter 119 times, clause 4 of which lays down :
"No amendment of this Constitution, (including the provisions of Part III), made or purporting to have been made under this article; whether before or after the commencement of section 55 of the Constitution (42nd amendment) Act, 1976] shall be called in question in any court on
any ground."
If Article 368 was to be given a free rein, a time may come, when a party, inimical to the existence of the Nation as a democracy, may capture power, by fair means or foul and amend even Article 368, excluding the exceptions which require the consent of a majority of the states and thus impose an official dictatorship, doing away with niceties of the Constitution.
That the Constitution has some "basic features", which cannot be tampered with by any Parliament, was first theorised in 1964, by Justice J.R. Mudholkar in his dissent note, in the case of Sajjan Singh v. State of Rajasthan.
This theory of "Basic Feature" was further expanded by Justice H R Khanna who wrote that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the Parliament of India.
Key among the "basic features", as expounded by Justice Khanna, are the 7 "Fundamental Rights", (FR), guaranteed to citizens, (We, the People). These are :-
– right to equality;
_ right to freedom;
_ right against exploitation;
_ right to freedom of religion;
_ cultural and educational rights;
_ right to property; and
_ right to constitutional remedies.
Over the years, we have witnessed each one of the seven Fundamental Rights have been trampled upon throughout the life of our Republic, but never as much as in the last 6 yrs, in so far as its frequency, manner and impunity are concerned.
Habeas corpus petitions have not been heard for almost a year, bail is being denied to some for over a year and "no coercion" orders are being passed in advance for the privileged lot. It seems that the right to life for the so-called "anti-nationals" is only on paper; for the privileged few, it is, however, a matter of right.
Right under the noses of the justices, the scores of minorities were massacred in the most recent Delhi riots after an open call to arms, "गोली मारो गद्दारोँ को", but the police charges are only against the suffering community. It seems, the justices are too busy with more important matters.
In close proximity of the justices, the highest executive of our Country, criminally violated stringent laws of the Wild Life Protection Act, 1972, by petting & feeding a National bird inside his house, which act has been repeatedly broadcast on all TV Channels for the World to see his saintliness, but seemingly, all the justices are either blind, deaf & dumb or pretending to be unaware of the provisions of the Act, under which the criminal deed is punishable with jail/fine or both.
Two innocuous tweets of a citizen did not escape the sharp eyes and ears of the HSCI but the honourable judges failed to notice the blatant lies of the GoI, which the whole world saw, evident in the denial of house arrest of leaders of Kashmir and the denial of immigrants on roads, while the media was showing how Saifuddin Soz was pulled back into the house by security forces, when he was trying to converse with the media and the miles-long unending lines of emigrants, day after day, trudging for hundreds/thousands of Kms to their homes & hearth in their respective villages.
The blatant lies that the PM told on the National TV about the Chinese incursions are patently acts of treason, but of course, our honourable Justices have been too busy with more important & serious matters.
The Justices talk about lowering of their "गरिमा" by two tweets of an honourable man, but, by their repeated acts of omission & commission in hauling up the violators of the sacred Constitution of India, they have already lowered their own honour, dignity & sanctity, by failing to uphold the inviolability of the Constitution of India, which is their primary duty.
God save India.
Jai Hind.
