The Supreme Court should act when the right wing BJP – RSS Union Government has passed unconstitutional legislations and laws and innocent citizens are being killed in extra judicial murders by the security forces with impunity. – Simranjit Singh Mānn
The Tribune Dated 12th August, 2020
Comments by Simranjit Singh Mann: Shiromani Akali Dal (Amritsar) states that we are of the opinion that the Supreme Court which is meant to uphold the Constitution is not doing its job but has turned itself into the interpreter of the majoritarian’s, though these majoritarian’s already hold the executive, the legislature and the press and media in their bioconstricture grip.
We say this because the right wing BJP – RSS Union Government has passed the following legislations which defy the very principle and basic structure of the Constitution. These are CAA, NRC and NPR. These legislations which make the state into a Hindu theocratic state have been challenged in the Supreme Court. But the Supreme Court is not letting these writ petitions being heard, though by virtue of these laws the Union Government of the BJP – RSS has detained 19,60,000 Muslim’s in camps in Assam on the ground that these human beings cannot prove they are citizens of Hindu India.
Detention of lakhs of citizens over such a long time defies the very adage of jurisprudence that justice delayed is justice denied.
The Supreme Court has also decided that the Islamic Babri Masjid is a Hindu Ram Temple without citing any archeology evidence and misquoting Sikh history. Mr. Gogoi who was the Chief Justice when this arbitrary decision was given, was after his retirement given a sinecure by the right wing Hindutva Government, giving Mr. Gogoi a nominated seat as a Member of Parliament of the Council of States or the Rajya Sabha. We think this is nothing short of corruption by the executive, judiciary and the legislature.
Coming to the 4G Internet Service in Kashmir, the J&K Government has given a very wishy-washy report to the Supreme Court that it will provide this service on a trial basis to two districts of the Union Territory.
But we must go back to 5th August, 2019, when the BJP – RSS Union Government dissolved the status of a state of Jammu Kashmir and turned it into a centrally governed Union Territory. Besides this the same Union Government abrogated articles 370 and 35 A which gave a semblance of autonomy to Jammu and Kashmir. All these unconstitutional acts took place because the Union Government said it wanted to bring Jammu and Kashmir to the same Constitutional status as it prevailed in the rest of the country. The Union Government also stated that Jammu and Kashmir was a troubled state where unconstitutional laws like AFSPA(Armed Forces Special Powers Act) were in operation.
If these were the reasons for upsetting the constitutional status of Kashmir in 2019, then we ask if in the rest of the country 4G Internet connection prevails then if the country has to have the same Constitutional structure, then why should it not prevail in Jammu and Kashmir ? Why should only two districts in Jammu and Kashmir enjoy this status whereas throughout the country all the districts enjoy this facility of 4G Internet?
The Supreme Court by accepting the twisted logic of the J&K Government must explain why it has accepted this unreasonable explanation of the J&K Government.
We may also ask why the Supreme Court has accepted the unconstitutional law AFSPA(Armed Forces Special Powers Act) which violates articles 14 and 21 of the constitution. We present here a case where an extra judicial murder by the security forces has taken place in J&K. It has taken place because AFSPA(Armed Forces Special Powers Act) gives immunity to the security forces to kill, murder, kidnap, abduct, maim, molest and rape, keep in illegal custody or create disappearances of any person, all with impunity.
Now we print below the news from the Indian Express dated 12th August, 2020, which any person with any rationality and wisdom, judges of the Supreme Court included, will prick their respective ears and consider these killings as extra judicial murders. The report here under:
After this macabre incident we report that in the year 2000, on the visit of the then President of the US Bill Clinton to the Hindu Indian state, the Union Government then led by Premier Vajyapee on orders of his Home Minister LK Advani had 43 peace loving Sikh’s massacred in village Chittisinghpura in Kashmir by the security forces. Our party since then has gone from pillar to post requesting the state and Union Government to have this atrocious misdeed investigated and the army perpetrators brought before the law. But since this is a crime committed on the minority Sikh’s, the state and the Union Government have magically frozen their respective ears and shut the execution of their Constitutional and legal duty.
We hear that the Supreme Court has become very sensitive to criticism and has opened cases of contempt against senior lawyers of the Supreme Court. We think members of the public have a duty towards their conscience and they cannot keep quiet if the Supreme Court will not act when abominable criminal acts of genocide, vandalism, memoricide and ethnocide are committed by the state on the Sikh’s, in fact under the very nose of the Supreme Court, we mean in 1984 and subsequently.
We hope the Supreme Court, UN Human Rights Commission; International Criminal Court at the Hague, Amnesty International, National Human Rights Commission will pick up the voice of the minorities and gear itself into action.
Facta non Verba.
Simranjit Singh Mānn,
Shiromani Akali Dal (Amritsar),
facebook page: @sardarsimranjitsinghmann