Noel Ellis's Official Blog

I wield the pen to explore the vastness of the human mind

Category: COURTS

RIP ARUSHI

Arushi was murdered nine years back; her parents were in jail after being convicted by the lower court. High court changed the verdict and doesn’t find the parents guilty. Thus they would get back to their “abnormal” lives soon. The irony of the whole situation is that the real culprit roams scot free. What was the motive of the double murder will never be known? Two lives lost on a very normal day leaves me to ponder who will be next. I also want to understand that a judge who has the same qualifications irrespective of whichever court, one finds some one guilty and the other finds them not guilty. The investigating authorities again get egg on their face for not being able to produce ample evidence to nail the culprits, what a shame!

I have yet to understand that why everyone has to insist on a CBI inquiry every time. Once the event is over, the bodies and evidences have been washed clean, bodies buried or cremated after a post mortem, then suddenly CBI is rushed in to recreate the whole scene to firstly find out what actually has happened. Then they try and establish who all were or should be involved. The result is neither do we get to know the motive nor we get to see the culprit ever. To top it all due to lack of clinching evidence the courts don’t find any merit and dismiss the case. I also don’t understand how the lawyers can twist and turn the case on its head. Sometimes it appears that the murdered person himself would have hired someone to get murdered to confuse the world. A murder is converted into a suicide and vice versa. A person who should be hanged roams around free and a person who should be free but doesn’t have a good lawyer languishes in jail. God save our systems.

I say if a crime has happened, irrespective of high or low profile. A crime is a crime. Period! There should be one agency, one department, one channel to get to the bottom of it. Policing being a state subject that is where things get mixed up. Post mortem reports are fudged, investigations slip shod, normal public and neighbours are harassed and the end result is zero. To show some action a few suspected not convicted people are put in jail, media moves on to another story, so does the public and investigators keep earning their pay in futile investigations is my perception as a common man. If this sentiment is what you too feel then there is something basically wrong with our systems.

Let us calculate the amount of money spent on investigating one case (say Bofors), in cash and kind, in black or white, overtly and covertly by all the investigation agencies. Let us calculate the man hours spent on the case by every investigating authority including the judiciary. Then let us see the cost to realise the futility of such investigations. Was it worth the effort? Yes the “sarkari damads” (Government son-in-laws) had to earn their pay and be gainfully employed at the cost of the tax payer’s money. No accountability, no responsibility, free foreign tours and zero dependability.

The CBI for that matter may have done some good jobs too and I am no one to steal their thunder but in the name of being secret operatives one cannot hide behind the Official’s Secret Act every time. If they do not change the common mans perception then something drastic needs to be done. As per details to answers of starred question in Lok Sabha in August 2017, a total of approx 1,369 cases were under investigation, 175 of them for more than two years and 394 were between one to two years.

Reasons for the delay include complex and voluminous nature of cases and large number of witnesses. Many of the cases referred by State Governments, Supreme Court and High Courts get delayed in handing over to CBI after initial investigation by local police. Besides these, “stay by courts” and “delay in execution letters with foreign countries” are also an impediment. Non-traceability of accused, delay in getting expert opinion and non-appearance of accused adds to the woes. Further, adjournments taken by the accused on different grounds also delays the CBI probe.

Now that we know the causes of delay why not mitigate them. Let us lend credibility to our investigations. Why do we have to give a chance to an organisation to keep blaming everyone else for the delays, why doesn’t it take things in hand ab-initio? Let there be an agreement between centre and state and a clear cut demarcation. Time bound hearings and process of investigation. Special courts and judges should be appointed. One case, one file, one court, one judge, max one year, case closed. Now, don’t tell me it can’t be done due to the due process and governmental procedures which need to be followed. If laws have to be reframed, so be it. Besides, all those who botch up investigations or cause hindrances’ or waste the courts time should be in the clink too, Period!

Let there be some accountability somewhere folks, let the delays and taking advantage of loopholes in the system be stopped. Let the lawyers not twist cases, let culprits be booked, let things happen timely and in a time bound manner. Let justice prevail. If we have a political will and necessary push to complete an unbiased, uninfluenced, clean, crisp and genuine investigation, we can prove to the country that systems function. If not then who murdered Arushi (God bless her) and why, all of us can keep wondering!!!!!!!!!!!

JAI HIND

IS INDIA ON THE RIGHT TRACK

Bechare Modiji is in a catch 22 situation. Where to start and where to finish? What to do and what to leave? I applaud his efforts of making a beginning but his efforts need an equal thrust down the chain. Unless the states and center sit together on one national agenda, one national priority then only it will be possible to chalk out a path. All citizens have to chip in and be on the same grid.

With all that I see, read and hear, it appears to me that our industries are in a mess, trade is in a soup, railways are derailing, women and child care no one cares, farmers are left in wilderness, defence of the country is short of manpower and equipment, terrorism and militancy are never ending. On the surface things look calm but the undercurrents are giving a different signal. Why is my perception like this? Why do my senses infer everything is not right? Why am I uncomfortable with the way things are? The common man is perturbed. He is unsure of his future.

Unemployment and job creation are mismatched as on date. What can a youngster do even if he is educated? The political game plan of dividing the people of this country is leading us nowhere. Plus our religious fundamentalism and intolerance is adding fuel to the fire. We are becoming our own enemies; appears to be path of self destruction.

Be that as it may, if the PM says that he is satisfied with his efforts, definitely he will have the overall picture. I am sure he will reveal it in one of his “man ki baat”.  Money is not the issue I suppose for the government but money cannot work on its own. People who are responsible to distribute the resources and money have to show accountability.

The underlying factor is the sincerity in effort, good governance, close monitoring, no corruption and no shortcuts by one and all. If we could stand in queue for our turn to get money from the ATM after demonetisation, we need to be prepared to stand in line for everything else. We need to have patience in this world of internet and twitter. We need to have the will to sacrifice our luxuries for the sake of this nation and its future. We have to think India first.

I can give this moral lecture because of two reasons, firstly because of my background and training in the army I know what discomforts are and how to overcome them. Secondly, I am financially ok even if I have to live on simple dal-roti. The rich will never feel the pinch but what about the poor, middleclass, unemployed people who are running from pillar to post for their living? Petrol and diesel prices add to their woes. The farmer who provides us food is dying a slow death due to lack of support. The Defence is facing an external enemy on multiple fronts is also involved in the internal aggression needs full government backing. Our education system is cockeyed with multiple types of education, multiple fees structures and barriers due to the federal system in this country. Our huge orchestra is playing in a concert with many instruments out of sync and out of tune thus producing only noise which is clearly visible in parliament and news debates.

Red tapeism still exists. There are multiple rules and regulations for the same thing. There are laws but getting justice is difficult. Justice gets delayed that it is almost kind of denied. Corruption in government departments is still rampant. A common man has to grease someone somewhere up the ladder in cash or kind or through a third party. Bribes are camouflaged when they change into Diwali or New Year gifts; people stay on the house with family in resorts maintained by companies, provision of chauffeur driven vehicles on holidays, booking of air tickets etc at the corporate level have become the new normal to oblige and get things done.

Basic health care doesn’t find a place in our national priorities. People die, children die, makes no heads roll. The pathetic condition of the stinky, dirty, filthy government hospitals makes you wonder whether you have come here to be treated or come here to fall sick. Conditions of public toilets & toilets in schools are no better. Policing is under pressure too. They don’t know whether to listen to their political bosses or face the consequences of disobedience. Women are unsafe, schools are unsafe, hiring domestic help is unsafe, filing an FIR is a task in itself besides harassment of the common public never ends. Thus faith in system is reducing.

I kind of feel upset about the whole scene in the country. The beggar on the railway platform, the leper on the red light, the small child selling national flags on the footpath would never know that he too is a hero in his own way. Though they shall live and die in anonymity. This person will have a large enough heart to feed two street dogs. Push your car without charging if you are stuck, eat the left overs which you throw away in dustbins and still proudly salute the national flag because he considers himself an equal citizen of India. He too hopes for achhe din. It is another matter how we treat them.

We have now got to shift focus to nation building. A road map needs to be laid out and we the people have to get involved to implement it. I suppose the vision is there but the will to implement it with all sincerity is lacking. Am I the only one feeling this way? I wonder!!!!!!!!!

PANCHKULA AND ITS AFTERMATH

If I would have to ask any “premi” today what he or she achieved by burning what they burnt, breaking what they broke, injuring people whom they didn’t know, destroying national assets and dying on the streets of Panchkula unrecognised and for whom, probably they will have no answers. As a few would sit next to their fields watching the setting sun from their charpoy and ask themselves am I a Sikh, am I a Hindu or am I whatever religion. How did I get attracted to this person? How did I lose faith in my God? How I forgot my scriptures? How I got brainwashed by this fellow? Can I justify to myself what I thought of him? What I did to show my frustration yesterday? Was it the disbelief as I could not digest who this baba turned out to be? Was the annoyance and disappointment with my own self? Was all that I did correct?

What satisfaction did I get by putting so many states on tenterhooks? Were the railways my enemy? Was the press reporter an informer of the secret kind? Were the police personnel there to sing Arti & Ardas for you? Well, the answers can only be found and judged by those who participated as a supporter of this baba. He and his indoctrinated followers have shamed our nation beyond limits.

I grew up in Punjab and Haryana. I was deployed in these states many times. Such lovely people, such lovely spirit, such camaraderie, such big hearted people, happy go lucky people, such hard working people, such fantastic company, such solid friends and out of that lot emerge these people who got entrapped with this man’s charms that they could not understand fact from fiction. It all happened in that fraction of a second which the local government anticipated chaos but turned a blind eye to it.

The death toll must have reached half a century by now. This happened despite the courts giving clear orders to the Govt to use everything within their means to control the crowd. Our police were mere mute spectators and did not open fire. Two people in every area who thought that they will be able to destroy the state assets should have been shot below the knee, all supporters would have vanished into thin air within minutes. This man who would have come down to his knees would have deterred all the others from further rioting. The stigma and fear to be maimed and carry an amputated leg lifelong would have changed his thought process. Most of them would have run to save their own lives.

It is easy to decide to destroy but when one sees death so close you think a hundred times. When you know the police are approaching and there is a petrol bomb in your hand and a bullet hole in your knee the first thing one shouts is please save me. The second thing you hear is who gave me this Molotov cocktail (petrol bomb) and you disown it. Thirdly, you would have tried to prove that you are from the local area and had come visiting the place and not a rioter. Finally, you would have disowned the baba knowing the consequences of your arrest for destruction of public property. That is the effect of one bullet. You would have lived to tell the tale of the strictness of the police.

The police-walas were carrying weapons, I doubt if they were loaded. Why did he not fire at the rioters when in his full view they were destroying property, carrying out loot and arson? Or they were told not to fire. They why give them weapons danda’s should suffice. If a protestor can snatch away a weapon from him in broad daylight and his comrades stand as moot spectators. What does this show? That now from a banana republic we have become a bloody Kaddu republic?

The Army came out and within an hour protestors evaporated into thin air. Time and again it is the army that comes to the rescue of this nation. If one goes by the figure of the police big wigs floating in the state of Haryana can anyone justify this mayhem? What are the umpteen numbers of IGs, DIGs etc doing, chamchagiri of the political leadership. The people on ground who brought the situation under control were Colonels, Majors and our bahadur jawans. They organised themselves and moved out on their duty to get things under control. I say, why the Haryana administration didn’t hand over to the army in the first place. All these goons would have been put into the right place ab-initio.

If the last resort has to become the first resort then so be it. Why wait for things to escalate. The Army would have done this with minimum causalities. The riot leaders would have been identified, earmarked and on the cross wire of sharp shooters. One wrong move and a hole in the bum, second move and a hole in the head, period! Dera premi would have turned desh premi within one second. I pay taxes and these chaps have no right to burn my hard earned money. If they think they can burn national assets, then I should be given the right to put such miscreants on a pyre and burn them too.

It was the saddest day indeed for me to watch this tamasha of totally crippled State Government machinery. Media felt bad because media bore the brunt for the first time. Media can now ask for resignations of all and sundry. Media you need to now question the accountability of the politicians and every babu. Enough is enough. I now request the media to project the Armed Forces in the correct light of what they rightly demand. Premi’s have burnt their fingers. Panchkula and other places suffered for no reason but will anyone understand that the people who have taken an oath to save this country from external aggression and internal disorder get the izzat that they deserve, I wonder!!!!!!!!!!! (With due apologies to all the dhotiwalas, babus and khaki wardi walas)

JAI HIND

ONE BABA & FORTY POLICE

One baba has brought the North of the country to a standstill. 200 plus trains have been cancelled, 10 lakh potties on the road side and increasing every minute, as many plants and trees watered. 40 companies of CAPF mobilised, Army on standby, busses halted on the borders and so on. Air Force summoned in as I believe helicopter movement is on the cards. Poor Navy, they can’t mount warships on trailers or else they too would have been made part of a naval blockade in Panchkula. I am not ridiculing the navy but I am ridiculing the state of affairs in this country that just look at this person he can hold this country to ransom. Punjab, Haryana and Chandigarh have declared holidays in schools and colleges till 28 Aug. Kya baat baba ji, where were you all these years. Police as usual is about to hand over the baton to the Army as situation may go out of their hands.

There have been a few more babas who were on my radar screen, one of them is languishing in Jodhpur jail and I don’t want to dirty my fingers typing about him. Then there is another baba who claims to have a third eye. He can somehow find out from smell of your burp the number of aloos missing in the aloo ka paratha which you fed to a black dog, on an amavasya, at the turning of the road near the kabristan. He can motivate you to distribute jalebis to all the diabetic patients. He can clear all blockages between you and your “kirpa” by trying to remember which place you belong, what khana or mithai or deity is famous in your hometown and then come out with weird solutions. Innocent people lap it up as the brainwashing is done by such ungodly men.  Hindustani today is just looking for solutions which are sasta and tikaau.

Well, today if you want to lead a colourful and peaceful life you either become a baba or a politician. No responsibility, tremendous fan following, catch the nerve of the janta, exploit the naive public, say anything and it becomes gospel, divert attention anywhere, exploit sentiments, give some jobs as your maintenance staff, money is not an issue as people donate, if they don’t they are made to donate for fear of God and dire consequences. Both ways the sufferer is a person like me. They make the rules, they break the rules, they tell me what to do and what not to do, and I simply follow. Why? because I am illiterate, if I am educated I don’t apply my brains, even if I apply my brains I am threatened of consequences, even then if I rebel I am one of the very few. Add religious and political fanaticism to it, like every political party today is saintly and holier than thou and every baba has become a politician. His voice for vote counts, so what is left for you and me is to follow them or be left out.

I was watching the type of people following this so called MSG. Either they were people who are senior citizens or they are the youth who are unemployed. I don’t say they are uneducated but are basically vellas. Who will leave the fields when the paddy crop is in full bloom? Who can leave their homes where there is family and cattle to look after? Who will join such a movement at the peril of his job? Who is ready to face consequences including death due to police action? They are people who have been completely brain washed or have reached such a stage of life where life and death doesn’t matter. Some youngsters may risk their lives for the compensation which their folks may receive after their death or injury.

Whatever said and done this trend is taking this country on a different turn. The path to attain moksha is given in all scriptures; the only thing is we go to the wrong people who interpret it for us in their own way. We in India are such blind followers of anything which is chanted with a mantra because our upbringing is such. Please, I don’t want to hurt any religion or sentiment. I just want to put across that we are blind followers of anything which shows us a ray of light or hope. We have lost faith in our own selves completely. I would say we go beyond that, moment we come out of the temple we start comparing our chappals and in case circumstances permit, we don’t hesitate to exchange ours in the very presence of our God. We make him witness to our crime and thank him for providing exactly what we needed. We donate an additional coin if the colour matches our dress. That’s what we are.

Our thoughts need transformation. It is time now when another baba may emerge. There is already one who started with yoga and now is marketing beauty soaps and shampoos.

Countrymen and women, let us not make matters worse, let us not lose lives. If this baba is upright and correct the courts will set him free but if he is not let him face the music. No one in this country is above law. In case the verdict holds him guilty just walk away from him. Who can’t make a mistake, we all are mortals. You would have made one in judging him as he did not reveal his other side to you. If he proves he is innocent then why do you worry? The inconvenience you are causing to the nation is tremendous. The loss that is being caused because of your blockage is unwarranted. Will your baba be “sachha” enough to foot the bill of all the forces deployed and all the destruction which occurs? I wonder!!!!!!!!!!!

JAI HIND

 

BLACK COAT COMMANDOS

Isn’t it ironical that all the prime witnesses of the Babri Masjid demolition have got bail? A case of 1992 has come up for its conclusion in 2017. The courts have yet given two more years to finally decide on this case, meaning it will take 27 years to conclude that no one is guilty. I am sure many witnesses would be in their graves by then or will be so old that the court may decide to grant them pardon on compassionate grounds. Well, I am not for or against any Temple or Masjid but I am definitely disillusioned with our judicial system and its process. There is a law of the land. There is a rule book. There are the people who did it which can be seen on tape. There were leaders supporting it. People saw a building being broken brick by brick. That is why I ask, what this due process of law is? There was a judicial commission made and it recommended certain things. Why have they not been considered or brought to its conclusion till date?

One more thing I cannot understand in India is that people who were candidates for Prime Minister, one has been a Chief Minister and in fact are sitting members of the present parliament today, besides being sadhus and sadhavis basically “holy” men and women: if such people start “lying” because their lawyers have twisted the whole facts upside down doesn’t gel with me. They act as if they did not hear, see or utter a word on the issue. These people who have been part of the law making process for India do not have the moral courage to own up and say yes we did it for whatever reasons; popular support, political pressure, emerging as a leader, honouring the manifesto, being swayed away by the wave of that time, whatever. At least say it, own up and be done with it. God save our judiciary, democracy and this country if such trends continue. The longest running commission called the Liberhan Commission concluded the whole issue but in vain. After the passage of so much of time do the courts think that such prominent leaders would remember what they said and did. In so many years a generation would have changed, the lawyers and the judges would have changed. Are we doing justice or hog wash is the question I want to ask?

If an open and shut case of Kasab can take four years to hang then I can understand why this case has taken so long. From lodging of an FIR, to being produced in front of a magistrate if the time given is 24 hours, then what is so great in finishing cases in the same time frame by all the courts? Why do we then teach law is my basic question? Is it to twist the truth? Is it to camouflage the facts? Is it to ensure guilty be left roaming scot free? Or is it to earn regular income by lawyers? Or are the Courts justifying their existence thus? The long list of pending cases adds to the woes and miseries of the genuine people. A murderer sentenced to death can appeal to the President of India, who may not react to the appeal. Cases then shall never end.

I do not know if we do periodically review the number of guilty in our jails. Why there are delays in trying people? If the maximum limit of any charge is say 7 years, are there people who are still languishing in jails beyond that? If so, why are they not let free? On one side our judicial process is so super slow and on the other side our jailing process appears to be cockeyed. In India jail to prisoners’ ratio is remarkable. There is no place inside and we keep adding people. Then claim we taught them to make candles, yoga, biscuits and bread. Well, before these people turned criminals, why hasn’t our systems trained them to earn a living. They wouldn’t have become criminals in the first place. 24 hours in jail terms is two days. I don’t understand the logic at all.

Today, we have people giving on the spot punishments, like the IIT student who went for a beef festival. Akhlak, who stored some kind of meat at home or the valentine day squad making boys and girls to do squats and the cow vigilantes groups who are most active today etc. But we do not prevent fraud, corrupting, deceit, at all levels including the judiciary. If our issue is resolved we don’t care if we used hook or crook. We move on. If we can delay somehow the “Tareekh” at the court, even by producing fake medical certificates, of the lawyer, the accused or both at different times, the hearing automatically keeps getting delayed. The judge changes, the jury changes and our system continues like hither to fore but law stays blind as blind can be.

Be that as it may, I not a qualified person on law and have no justification to comment on the judicial process or the judiciary but as a layman and common Indian I feel that there is too much amiss. Today, if the internet network becomes slow all our faculties go berserk. If need be we will climb on the mobile tower to get that one danda on the network, but just look at our judicial processes, 27 years to understand that what was done, who did it and why it was done, who instigated it, who are guilty and who should be taken to task. All this will happen after thousands of witnesses will be re-examined. I want to salute the patience of the judges, the patience of the defence lawyer, and hats off to the lawyers who are turning this case on its head. I hope it doesn’t turn out in the end that Babar turned in his grave and thus the Masjid self destructed. The people who had climbed up the domes were actually trying to save each brick. The instigators, who are out on bail now, were actually standing there to witness a miracle that how does a Masjid automatically transforms into a Mandir. The speeches they were making were actually divine chants which empower the creator to do such miracles. The police were mute spectators of the blind, deaf and dumb kind.

I think I need to rest my case as nothing in India will move without an affidavit on a stamp paper, a notary’s signature, a lawyer, a judge and the most important person in all this drama is the typist, who has to key in 40,000 words dictated verbatim at lightning speed by his bosses and keep a record of the same. Many of my uniformed community have now joined the “black coat commandos”, I wish them luck. I wish by 2025 we would have no pending cases in any court. Is it possible? I wonder!!!!!!!!!

 

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