Ref: – Was India dishonest when gave assurance to Muslims after 1947 partition?
Dear Sir
This refers to Thursday ‘Tehelka’ exposure on Indian T.V. channels which was also reproduced next day in prominent print media, exposing State sponsored gory massacre of thousands of innocent Muslims in Gujarat 2002 pogrom.
Here it was revealed on electronic media by open admission and bragging by perpetrators of these crimes that how one of them ripped open the abdomen of pregnant Muslim women by sword and threw the embryo in fire, how various limbs of ex – Member of Parliament (a Muslim) were cut to pieces, how bombs and rockets were made in the factory of MLA to be used against Muslims, how Chief Minister, Minister, MLA etc authorized Muslim massacre to Sangh Parivar and instructed Government advocates to influence judicial proceedings in order to let these murderers free and so on and on.
Supreme Court of India (SCI), which in the past has been taking suo-motto cognizance of matters of great public interest, by this time, should have taken suo-motto cognizance also of this gory exposure. Also SCI even should have recommended to the President of India, the dissolution of Gujarat Government under article 86 (2) read with article 356 (1) of the Constitution of India for the failure of constitutional machinery in the State in case Gujarat Government does not order immediate action against accused of this Tehelka exposure.
However, I have been since observing (lot of Muslim leaders & other sympathizers of the victims) on electronic media demonstrating (against said horrific revelation of Tehelka exposure) demanding action against Chief Minister Narendra Modi, Minister Jhadafia, MLA Haresh Bhatt, VHP & Bajrang dal activists Rajendra Vyas, Babu Bajrangi, Govt advocate Arvind Pandya etc. But in addition they should understand & do the following, which would trigger the process of delivering justice in this matter: –
(1)- The SCI is already seized of the matter (Gujarat 2002 massacre) which comes to it also through various inferior courts. Also admission of influencing the judiciary of Gujarat and Nanavati Enquiry Commission by Government Advocates in order to benefit the accused of this massacre are already made by Government advocate Arvind Pandya himself and which has been widely watched on T.V. and read in print media by the people all over India to their horror. Therefore Supreme Court is legally and constitutionally (under article 129 of The Constitution of India) expected to take prompt action against the accused of this Tehelka exposure who (especially public servants) are also accused of interfering in due process of judicial proceedings and interfering / obstructing the administration of justice apart from scandalizing the judiciary and lowering the authority of the court (Supreme Court) and which is criminal contempt as per section 2 (C ) (i) (ii) (iii) of The Contempt of Court Act.
(2)- Moreover under article 144 of the Constitution of India, every authority, civil and judicial, in the territory of India is expected to act in aid of SCI. Hence any matter pending in SCI (related to 2002 Gujarat pogrom) can not be polluted by the acts of commission or omissions of the public servants of Gujarat Government which tantamount to criminal contempt of SCI.
(3)- These Muslim leaders & other sympathizers of the victims should move SCI with prayers that: –
(i)- In view of the large scale complicity of Gujarat police and administration in these crimes, as per Tehelka exposure, this entire matter of said Tehelka revelations should be handed over to Central Bureau of Investigation (CBI). Also CBI be directed to seek necessary sanctions from appropriate authorities under section 197 of Cr.P.C. for initiating criminal proceedings against accused public servants.
(ii)- Immediate arrest of Chief Minister Narendra Modi, Minister Jhadafia, MLA Haresh Bhatt, Police Commissioner Pandey, VHP & Bajrang dal activists Rajendra Vyas, Babu Bajrangi, Govt advocate Arvind Pandya etc. should be ordered by SCI (After all, this is how the murderers and their accomplices all over India are treated under criminal law for cognizable, non-bailable offences).
(iii)- After filing this petition if SCI does not take such prompt actions against these accused of Tehelka expose, then a proceedings of criminal contempt should be initiated against these presiding Judge / Judges of SCI under section 16 of the Contempt of Court Act, in their court itself for their self trial.
(4)- These Muslim leaders and others sympathizers of Muslim victims of 2002 Gujarat pogrom do not seem to realize that when perpetrators of such heinous crimes are allowed, to remain free, by law then it creates greater fear and panic in the minds of the public. This ensures the victory of such accused in elections as happened in 2002 where Narendra Modi won election handsomely in Gujarat after this State sponsored massacre of Muslims and where Modi went to even Rajasthan, Madhya Pradesh, Chhatisgarh etc for election campaign where BJP won election precisely on the plank of such aggressive Hindutva. And when these perpetrators of such heinous crime thus come to power then they further demoralize the public and victims by misusing the State apparatus.
(5)- If SCI does not get Chief Minister Narendra Modi, Minister Jhadafia, MLA Haresh Bhatt, Police Commissioner Pandey, VHP & Bajrang dal activists Rajendra Vyas, Babu Bajrangi, Govt advocate Arvind Pandya etc. arrested immediately. Then all the people who are shedding crocodile tears over this Tehelka exposure can as well expect Narendra Modi again occupying the seat of Chief minister with resounding victory in coming Gujarat elections, for the simple reason that this time Modi will be taken by the voters in still greater awe, hence greater electoral support, especially after this Tehelka exposure.
Though these actions and proceedings could haven been initiated by this time also by any of these – the President of India, the Governor of Gujarat, the Chief Justice of Gujarat, the Government of India and the Parliament (by calling special session of Parliament in such a grave & serious matter which signify the complete breakdown of Indian State). But alas, it is not to be!
Or is this precisely the way how Hindu majority ‘secular’ India subdues the Muslims by turning a blind eye to State sponsored massacre of Muslims?
With the benefit of hind sight now it appears that India should not have given promise to Muslims (that they will be protected & treated at par with Hindus) and rather India should have asked the Muslims to go to Pakistan after 1947 partition, if this is the discriminatory conduct and behavior of the various constitutional authorities of ‘secular’ India.
Yours truly
Hem Raj Jain
208, Supriya, Plot # 20, Sector – 10, Dwarka,
New Delhi -110075, INDIA.
Ph: – +91 11 32940177, Mob: 09871194983