Noel Ellis's Official Blog

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

Category: LAWERS

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!!!!!!!!!

JUSTICE DELAYED IS JUSTICE DENIED

I do not know the details of what Col Purohit did to deserve such a treatment that he had to be in the clink for 9 years and still the case has reached nowhere. Courts after courts, lawyers after lawyers, judges after judges have seen, read and understood the case for its correctness or otherwise and we are yet to decide whether this man is guilty or not. Leave alone the NIA who state they have clinching evidence and proof of this officer’s misadventure. Does it take nine long years to prove or frame an appropriate charge sheet? It was so painful to see his wife sitting continuously on news channels since the time it was announced he got bail. I somehow do not understand this kind of system that exists in this country. I can assure you that he would be a better lawyer by now than anyone else as he would have gone through every provision of the law books and just watch how things will take a turn.

I presume that he is innocent till proved guilty. If proved innocent then who the actual culprits are, this country will never know. The government then will have no choice but to get him back in uniform with all pay perks, privileges and promotions with interest accrued on his money with retrospective date. Then he will file a case for defamation against all those who put him in this soup. That case will continue for 15 years may be more, by that time many lawyers’ & judges would have kicked the bucket and a few news channels would have closed down. The government will change hands possibly. People will keep calling the NIA and CBI independent bodies and they shall remain as independent as a mother letting go her child in “Kumbh ka mela”. That’s the truth like it or leave it.

We have fed Pakistan enough fodder to taint us and paint us black and blue. Certain politicians have in their overenthusiastic exuberance blamed all and sundry. Ultimately this case which should have been an open and shut case got entangled in the political web which is now so thick that even the spider doesn’t know where to go. The spider can see the prey; it can feel its vibrations but cannot reach the spot because of the intricate procedures and courts it has to go through. The spider will become a victim itself one day, the prey will as it is die, wasted as neither it was food for the spider nor could it get away: the lizard below kept watching this whole episode, slowly losing its patience moves on looking for fresh prey. The jungle foliage would have changed many times; seasons would have changed with no result at all. The spider dead, the lizard dead and the jungle cleared away.

It is sad to see an Army Officer being humiliated like this for so long. I can say for myself that if ever such a thing is to happen to me I would prefer to be hanged rather than go through this torture of humiliation even if I am not guilty. The basic reason everyone is finding him guilty after putting in such a dedicated service to the nation with so many citations in his name would have broken him down completely. If he is guilty that means he doesn’t deserve to walk this earth anymore. Treat him as an enemy and give him the punishment the enemy deserves but don’t delay justice that nine years pass by and we are still not sure that what we should do with him.

Media laps up such news, they are hungry for any information which might get them a glimpse of anything that happens in the services circle. A Court of Inquiry is a restricted document and now is floating around in the media, never mind. Why is media taking reactions from the lady? I can understand what agony she and rest of her family must have gone through. The journalists think they are so smart that they can hide behind good English and make her react to generate a controversy somehow. One can see through the paraphrasing of the questions. One can understand the motive of each question. The initial pump up to tell her she has been brave and has suffered etc is just a tool to break the ice but hats off ma’am now you too have understood what media is looking for. Please remain calm and do not fall into their trap. They only have questions and they don’t care if they are right or wrong. They only want a hint and then they will plaster anyone and everyone on the mat.

Let me just say friends, anyone in the Army, irrespective of which ever outfit he belongs to, irrespective of him vibing or not vibing with his boss, irrespective of the most secret mission he is on, cannot bypass his boss. If Col Purohit was on a mission, his boss definitely knew it. His boss’s boss would have been told on need to know basis what was going on in his area of responsibility. This information would definitely have been shared with some sister organisations too, if not the highest office of the Military Intelligence would definitely be in the know of it.

All said and done if he is guilty he deserves to charged with treason and be done with and if he is not then a lot of people need to be charged with treason for maligning an Indian Army Officer and letting him rot in jail this long. No one can compensate each moment he spent in the clink. This life is great; one tends to forget the hardships when one gets back to the family. Will Col Purohit hit back and demand for restoration of his lost pride if proved innocent, I wonder!!!!!!!!!

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