Curative Petition in SC by ‘Roots in Kashmir’ & Bitta Karate in Sessions Court: Politics behind it? Lalit K Kaul
Curative Petition in SC by ‘Roots in Kashmir’ & Bitta Karate in Sessions Court: Politics behind it?
Lalit
K Kaul
The most ridiculous basis/ground
stated by the SC, that more than 27 years had elapsed in the matter and evidence
is unlikely to be available, for dismissing the Writ Petition and Review
Petition filed by ‘Roots in Kashmir’ on July 24, 2017 and Oct 25, 2017,
respectively is a landmark one in that it punctures the “Independent Judiciary”
balloon and clearly brings out the unspoken Truth that there was a political
consensus on the pre-meditated exodus of the Pandits from the Valley; obviously
the SC dare not question the morality of such consensus as it is inseparable
part of the very “democratic” set up that conspired to make Pandits homeless
and rootless.
Evidence was always there only SC
didn’t choose to see it:
The “honourable Nyaymoorties” ought
to know that there exists a procedure for collection of evidence. The easiest
thing the SC could have done was to appoint a Commission of Inquiry (CoI) to
find out what actually had happened with the aboriginals of Kashmir. There are
innumerable refugee camps where Pandits reside and the CoI could have visited
the camps for collecting the information on how & why the aboriginals were
forced to quit their Motherland. Alas that was not to be!
The SC which finds itself engaged in
problems like minimum width of roads; diameter of manholes; banning of diesel
cars; flooding of Delhi roads with rain water; accumulating garbage on the
Delhi streets and roads, obviously couldn’t have had the time to apply its mind
on the petition filed by ‘Roots in Kashmir’. The most laughable order was to
ban Maruti 800 which was responded to by bringing out Alto by the car
manufacturer!
The blind can’t see and deaf can’t
hear and so there are visual and hearing aids to mitigate their problem. What
does one do with a person who has full eyesight and hearing power and yet
neither sees nor hears; only watch in helplessness! The SC behaved like that
and ‘Roots in Kashmir’ became a helpless spectator.
Video of Yasin Malik and Bitta
Karate is in Public Domain the SC ought to have known:
In his live chat with a Door Darshan
channel in June, 1991 the son in law of the GOI Sri Yasin Malik confessed to
the crimes he and his friends perpetuated on the Pandits; similarly there is a
video (by some private TV channel reporter) wherein Bitta Karate confesses to
his crimes against humanity and goes on to say that he would have even killed
his mother if required.
The SC cannot feign ignorance about
such videos. Instead of dismissing the petition of ‘Roots in Kashmir’ it should
have asked for those videos and got them examined for their veracity by
forensic experts. There is not bigger evidence than those videos and further
information could have been collected starting with them, but it didn’t choose
to do so.
The political system is so
degenerate and compromised that Yasin Malik has been charged with murder of
only Air Force officials because charging him with rape/murder of Pandit women,
girls, men and boys would have been non secular if not outright communal!
The only apprehension today is that
the “Secular” GOI may have junked the DD video related to Yasin Malik and the
other video related to Bitta Karate.
It doesn’t take 31 years for family
of murdered to file a case in Sessions Court
The only reason why the devastated
family chose to go to Sessions Court against Bitta Karate is that they have
been prompted by somebody/organization/political outfit to do so. Bitta Karate
did not murder just one Mr Tikoo, he murdered many and proudly confessed to not
remembering the count; so, where are those families? Why those families didn’t
move the Sessions Court against him? The answer is pretty simple and straight.
The Degenerate Politicians and the ‘Kashmir
Files’:
Protestant Revolution separated
religion from politics and politics from morals/ethics. “Politics is the Art of
the Possible” is a statement that defines that politics was not to be value
based; everyone to the best of his/her exploitative capabilities.
Starting point is that there was a
political consensus from ‘far right’ to ‘right’ to ‘right of center’ to ‘center’
to ‘left of center’ to ‘left’ to ‘far left’ insofar as Islamization of Kashmir
was the object. There was no exception.
Post Jan 19, 1991 status quo was
being relished and enjoyed by every politician and his/her political outfit.
Muslims had been given de facto ‘Azadi’ in that they could go unchecked in
whatever they chose to do in the Valley and therefore many massacres of Pandits
which occurred post Jan’91 were ignored. Every politician and political outfit
had deservedly earned the medal of being “Secular”. Then ‘Kashmir Files’ arrived
on the scene and in public domain; much to the consternation of all “Secular” brands
that included BJP!
What it exposed was the abysmal
depth of degenerate politics and politicians. Remember that the axiom is that
politics is not value based and hence opportunism justifiable by jugglery of
words is the “Art of the Possible’.
So BJP positioned itself as the one
and the only benefactor of Pandits, forgetting that in his three stints as the
PM Sri A B Vajpayee never put to debate in Parliament the plight of Pandits and
then on Sri Narendra Modi in his seven years rule as the PM, with absolute
majority in the Parliament, never discussed the Pandit’s plight in the
Parliament; not to forget that at the time of exodus the BJP was supporting the
V P Singh’s government at the Center that had a rabidly communal person Mufti
Sayeed as the HM of India, BJP didn’t open its mouth and didn’t even express
regret for what had been inflicted upon the aboriginals of the Valley, but they
went on Hanuman Yatra.
BJP is a branded as a ‘communal’
party by those who have innumerable riots to their credit; the other ‘secular’
political outfits raised hue and cry over the screening of ‘Kashmir Files’ as
according to them it would disturb communal harmony! Of course the regional
political outfits of the Valley called the documentary as bunch of lies, as did
some ‘educated’ and ‘indoctrinated’ Muslim youth of Kashmir.
The debate was not about the
veracity of ‘Kashmir Files’ or lack of it; it was about consolidating
respective vote banks for upcoming Assembly elections in seven states; so,
Kejriwal mocked at the documentary because he survives on Shaheen Baghs as does
Mamta and their ilk.
BJP played the card to the hilt
because it wants to pocket all the votes of the Pandits as and when the
elections are held in the UT of J&K. Of all the political parties, it is
the BJP which is most likely to win elections in Gujarat, Rajasthan, MP, etc
and so it will keep talking about ‘Kashmir Files’ in its rallies leading up to
the elections; likewise the other outfits will keep denouncing the ‘Kashmir
Files’
Who Prompted filing of petitions in
the SC and Sessions Court?
Obviously BJP has played its role
else why it should take five years post dismissal of review petition in the SC
and 31 years for a family to file its petition in Sessions Court; all this
after the ‘Kashmir Files’ had been screened and had mobilized huge public
opinion sympathetic to the plight of the Pandits and also the threat they perceived
to Indian Union based on what had happened in Kashmir.
Will SC admit Curative Petition?
The SC is not known to reverse its
order, but due to the changed political scenario- courtesy ‘Kashmir Files’- and
the ruling party’s eagerness to exploit the emotion to the hilt may compel the
SC to at least admit the same. No courts are devoid of political influence
because judges are also humans and some of them are bound to have a political
ideology/affiliation and mindset. It may not be difficult to arrange to send it
to a bench that identifies with the ruling party for admission; having done
that the next step can be accordingly planned.
The most important question is:
Having admitted the curative petition, will the SC reverse its own decision? If
it does it will not only create history, but also set precedence. What can be
the face saving for the SC? Post admission it may constitute a higher bench for
its decree and as a delay tactics it may direct the Center to form SIT to
investigate 1991 and thereafter and put a condition that the SIT will directly
report to it. If SIT report has some content that validates the claims of ‘Roots
in Kashmir’ the SC may refer the case to the Sessions Court for trial against
those implicated by the SIT.
And then,
Gayi Bhains paani mein! But the
political mileage would have been drawn by the BJP to its fullest extent as it
would claim that it is in their rule that a process to bring criminals to
justice has been initiated; that the Pandits would get justice, as the culprits
would be brought to justice!
One last question:
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