Monday, April 09, 2007

Too dangerous a move by CPM

For all citizens of India, Judiciary system is the most reliable and last source for justice. It may be too costly to get a well known and successful advocate for presenting ones own case. But the judiciary system is always available for rich and poor alike. There is no any kind of discrimination in court, on the base of cast, religion, rich, poor etc.

People of Kerala may have well noticed the dangerous move from CPM leaders that happened after the public statement made by Minister Paloli Mohammed Kutty who belongs to the Communist Party of India. CPM declared that Paloli need not resign despite being found prima facie guilty of committing contempt of court by the High Court. This was followed by an attack by Prakash Karat – general secretary of CPM. Prakash Karat came up with public statements against court. News agencies reported these events as an indication of the decision of CPM to continue “go against court”.

Citizens of India should be too much bothered about this issue I guess. Judiciary is not run by an organization or a political party. Decisions of court always come out as a result of arguments and counter arguments. A particular judgment made by the court may not be true because of the way the particular case is presented. Still the judgment is based on the arguments or evidence provided. It is no way related to who is the ruling judge of the court. It is true that the judgment is made by human and there may be a small percentage of human error, which decreases when the system becomes more experienced and process oriented.

Government decisions always turns to be the decision of the ruling party which will be too much inclined to personal perspective. Many a time, government decisions turned out to be against the will of public of injustice. It was always the judiciary system that came to the relief of the citizens in such case. CPM is well aware of the power of judiciary system that now it is trying to overcome it by shameless and irresponsible public statements. CPM is trying to deface the court in front of the public and trying to make the legislative members beyond the power of court. The extreme extend of this movement will be the demolition of democratic system of our country where any government officials or ministers and legislative members of the government turns out to be monopolist rulers, where the decisions never can be challenged. Communist Party tries to portray the recent happenings as attempt by court to over come the government.

But the shameless leaders should understand that all the citizens cannot be fooled anymore. Judiciary system as such is not run by a group of people who have a common interest of attacking the government or people. CPM is trying to present the court as a political organization in front of the citizens and trying to attack.

Citizens of India may have seen many a time, the ruling government making amendments to the constitution many a time just for the sake of vote bank politics or preserving their power against justice. It is high time the CPM ministers who ever had made such a public statement should resign. The morality of CPM has gone down too much. Judiciary system and Legislative system should go hand in hand and government should be responsible for protecting the belief of public in Judiciary system.

CPM is trying to figure the judiciary system as a political party or organization and trying to deface the belief of public. CPM is trying to make the public agitated against the court. We may not be sure about how far this will go and how many of the public will be the victims this dangerous action. CPM was always in need of so called martyrs (I do respect true martyrs of any party). They always achieved the same by making an unwanted agitation against the government or police or some how. The true fact is that, these martyrs never knew the real cause for which they are agitating, nor do they know whether they were right or wrong. They were just brain washed.

High court of Kerala banded “Bandhs”, then politics in schools and colleges. Not only CPM, but all political parties are still giving public opinions against these verdicts. Any way, even after these bans, “Bandhs” took the form of “Hartals” and continued to disrupt the life of a citizen for a matter which is not at all related to him/her. Students’ politics is one field where political parties can make agitations over any matter, where the young future citizens release tires to release their energy on the command of political leaders but not by ones own will. Even the most fundamental rights of citizens are sometimes not kept during “Hartals” and “Bandhs”. The verdict against these cancers turned to be a huge blow for political parties on their ability to do what ever they wish.

Recent statement by Prime Minister Manmohan Sing, that judiciary activism should not exceed limits may presented in a different way by our ministers. Reservation for OBC cannot be done on the basis of statistical data collected during 1930s. That was the statement made by court while government tired to implement the reservation for O.B.C.s’ in premiere institutions of our country. Can any one find a fault in that statement? India is far different from what India was in 1930s, not even we had freedom then, India was a British colony. Court gave government the option to take the survey of the current situation and implement the law accordingly. This may be the provocation of Manmohan Singh to make this statement.

Some funny explanations by Paloli
When court found that Paloli is guilty, he came with a different explanation of his public statement. But court did not accept his explanation. If court would have accepted his explanation, he would have celebrated the event proclaiming that judiciary has accepted what he told in public. It is strange that he told “1” in public and at the time of trial he explains that he actually meant “2”. How can a minister make such irresponsible statements in public and claim that he meant something different? Again I feel that he is trying to fool the public as well as court at the same time. Will he be having a translator always who explains to the court what he actually meant on any single statement he makes?

Why can’t these ministers express their concerns directly to court for which enough process are existing instead of making public statements that tries to deface the court in front of the public?

9 comments:

  1. Its a blame game... you blame the legislature, someone else blames the judiciary but in reality the blame lies on us all.

    In India, how many of the so called educated and well-off people vote? How many know who is their representative MLA, MP or even the local Muncipal Corporation member? On seeing a pot-holed road, or a non-working street light, how many of us complain to the authority? How many of us go through agents or give bribes to obtain our driving licenses?

    The legislature and judiciary are just organizations or entities whose actions reflect our mindset. Each one of us should first be the change that we want to see in them. Else there is no hope... and its just a blame game with no end in sight.

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  2. I think "Too dangerous a move by CPM" is not a well discerned write, and too much of partial attack on CMP.

    The prime Minister of India too aired his views ,

    Read more at

    http://pib.nic.in/release/release.asp?relid=26699

    http://www.thehindu.com/2007/04/09/stories/2007040904860100.htm

    http://news.webindia123.com/news/Articles/India/20070408/630187.html


    http://www.ibnlive.com/news/pm-concerned-over-judicial-overreach/37997-3.html

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  3. നീതിപീഠം വിമര്‍ശനങ്ങള്‍ക്കതീതമെന്ന ധാരണ നമ്മളിലെങ്ങനെയുടലെടുത്തു..?...കോടതിയില്‍നിന്നും എനിക്കു നീതി ലഭിച്ചു എന്നു സന്തോഷത്തൊടെ പറഞ്ഞ ഒരു വ്യക്തിയെപ്പൊലും ഞാനിന്നുവരെ കണ്ടിട്ടില്ല..ന്യായാധിപന്മാരും..രാക്ഷ്ട്രീയക്കരെയും സര്‍ക്കാരുദ്യൊഗസ്ഥരെയും പോലെ നമ്മലിള്‍ നിന്നും തന്നെ തിരഞ്ഞെടുക്കപ്പെടുന്നവരാണ്‌..നമ്മളില്‍ എത്ര പുണ്യാളന്മരുണ്ട്‌..
    ജോണ്‍

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  4. Wav!!! I thought nobody will care to comment on this post. Now I feel great. First of all thanks to all Anonymous readers for commenting. I am not sure why everybody left their comments as anonymous this time. Yes, some times people feel that it is safe to be anonymous.

    Let me reply to 3 of you.

    Reply for First Anonymous Comment:-

    The posting under the heading “Grievance of a KSRTC Customer” may be a partial answer to your concerns. Yes, there are people who really do care about who are the legislative members, who are the block member and all. There are people who really care about the path holes and problems which should be notified to the local authorities.

    I am not playing a blaming game here. I am expressing my views which makes at-least my readers aware and careful not to be brainwashed. I am a person who does care about what the government is doing and who is ready to make statements which I am proud to own. But I am not a citizen who goes behind a lot of unnecessary statements made by the legislative members which hides many matters that should be important.


    Reply for the Second Anonymous Comment:-

    Yes it was a one side attack from my side, but I have also mentioned about the statements made by Manmohan Sign. But I think you have not read my post till the last word. What I felt was, CPM is taking granted the statement made by our Prime Minister and tries to use it for the support of Paloli’s case. I have specifically mentioned about Prime Minister’s concern about “Judiciary over Activism” and my comments on that in my article above.

    Now I can say that my writing is not a one sided attack, but the title may be.


    Reply for the Third Anonymous Comment:-

    Dear friend, I am unable to read the third comment. I am only seeing blocks of squares. I think you have written the comment using an editor and copy pasted while the font is not recognized or you may have written the comments in any other languages that English and the proper fonts are not installed in my machine.

    I request you to publish it again in English.

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  5. Hi John,

    One of my friends in India helped me to read the comments, and informed me that it is in Malayalam. Here is the transalation I got.


    Neethipeedam vimarshanangalkku atheethamenna dharana nammalil enganey udaleduthu?

    Kodathiyil ninnu enikku neethi labhichchu ennu santoshathodey parayunna oru vyakthiye polum naan innu varey kandilla…

    Nyaayadhipanmaarum, rashtreeyakkareyum, sarkar udhyogasthareyum poley nammalil ninnum thanney thirannedukkappedendavaraanu……

    Nammalil ethra punyaalanmaarundu???



    My reply goes here.

    I agree that Judges are also humans, the present Supreme court Judge also admitted the same thing, saying that they are also humans, and to some extent there can be human errors.

    --Deepu George V

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  6. Deepu,
    Sorry for commenting in malayalam..my english has limitations and i dont want to misconstrue things..you say you agree that 'they are humans..and so claimed the cheif justice..'..i dint mean it in that manner..when you say 'human'..you are empasising on the positive aspects of human side..yeah to err is human..but errors wont make you human..99% of our the judiciary is currupted...a spade should be called a spade..
    to conclude..never ever think that curruption in judiciary is a new phenominon..couple of years ago..when i was talking to the father of one of my friends. he was nearly seventy and was a manager in one of the plantations in kerala..you can imagin the no of lawsuits they will have to encounter if you are in that business...he told me the number of jurneies he made to highcourt..with a bagfull of monies..to remind the 'judges' about the justice needed..
    its just one insident deepu..there are another hundreds that i know..
    john

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  7. Hi John,

    That is something really different to know. I can't understand how money can be a deciding factor,. The verdict may not be correct and anyone can go to the higher court till supreme court for justice. Why I say this is because, the verdict will be always based on the evidences and laws. How can money change a verdict? I wish more people join this discussion.


    But I have some other opinion about CPM. Because when ever they have a verdict against them the speak against the court and vice versa. So my statement - "Too dangerous a move by CPM" holds good till I guess.

    Interestingly, there was a program here in Dubai - Malayalam radio channel that analysis CPMs mentality towards the Judiciary System. The way the were targetting and sometimes making beneficts out of Judicial Verdicts in the past many years.

    --Deepu George V

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  8. If you guys are talking about the issue that Mr. Paloli Mohammed Kutty, the Minister of the state of Kerala, then we do not have to discuss much. Mr. Paloli and his party had always had different views on the approaches towards issues. They wasted three years bringing IT city to Kerala. They praise the judicary when they get a judgement in favor of them. They curse judiciary when it is not in favor of CPM. The CPM is Kerala is a no use party.

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  9. Hi Philip George,

    First of all, thanks for the comments. Nice to meet some one from Kartikulam. (Hope you understood that my house is very near to you - Payyampally).

    Now some thing about the discussion thread - When CPM gets a favourable verdict, they says the verdict is "Dharmikam" (Moral) and when the verdict is against, they says that it is "Adharmikam" (Immoral). As you said, there is no point in discussion much about this here, but in a way it is good, as we discuss these things. We will be always kept updated on these happenings and we will develop over own views and strategies to handle such incidence which we are directly linked with.

    Now I am in Duabi. Here there are 2 FM Malayalam channels and 2 AM Malayalam channels. When the incidence of Paloli attracted media, theere was a5 minute program which covered the CPMs stand towards Judiciary in the last 50 or 60 years. The channel clearly described the events in chronological order, and I get a clear picture of CPM oscilating between targetting court as Moral and Immoral. The last incidence in the sequence being Paloli's case and the second last one described was about Jayarajan's murder case where CPM collected huge amount of fund from the local citizens for paying the advocate fees for prooving the innocence of CPM activists in the incidence.

    Strange!!!!!!!!! I think it is only after this incidence that they came up with the conclusion that the verdict from Court is based on the weight of money.

    Hope I have not condemned our Judiciary system in any way by the above statements.

    --Deepu George V

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