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| Distanced minds - Viewing peace over clemency to criminals | | | Jamwal Mahadeep Singh | 5/30/2018 10:50:47 PM |
| A reality every sane society has to admit that is the glorification of secessionists in valley, by our elected representatives and alliance PDP-BJP government in power. After much claims of visionary approach, to curb the militancy and the stone pelting in valley, the tall claims fell like castles in the air. The demonetization, probe against pro-separatists, muscle policy, and surgical strikes all probed to be bubbles in the air. Realizing its defeat in policies for Kashmir, the rusted government came with an interlocutor for J&K obliterating the destiny of many recommendations lying in dust bin furnished by similar type of interlocutors appointed by previous governments. Interlocutor's approach clubbed with BJP's think tank drifted to viewing peace over clemency to criminals, a supportive ever agenda of PDP in the guise of soft approach to trouble shooters. The only recommendatory shot that came from interlocutor's gun within a period of six months is the release of 9730 stone pelters in valley and total silence upon similar nature of incidents in Jammu of 2008. Amusingly the fraternity of stone pelters released as a collective decision by Modi government, Mehbooba and interlocutor, have re-surfaced with new energy. The advanced 'booster doze' to criminals defined with new version as 'misguided youth' in the shape of release and financial packages, have given fresh lease to stone pelters and now being exhibited on tourists and school children with fresh lease of stone magic. Death of R Thirumani, a 22 year tourist from Chennai, who had been in valley for joyous journey turned out to be bolt from blue for his family. The crocodile tears rolled out from CM eyes with words as "My head hangs in shame" and "It is very sad and heartbreaking". Well stand the words of Ex - CM - "The J&K Govt. has failed, the CM has failed, and the BJP-PDP alliance has failed. How much blood will have to be shed in Kashmir before the Hon PM realizes the gravity of the situation in J&K? We should not expect reasonable decision either from Governor, who is counting his last days in J&K or PM, who is in marathon race in Karnataka to woe the voters for BJP's win. As a face saving, there is news of PM visiting J&K for one day on 19 May with stopover at all three regions of state attending inaugurations. How this aerial voyage is going to help the state to come out from the trouble is yet in the womb.
Those contributing bailouts to criminals are violating the sanctity of legal process. Those involved in the process of release, followed the foot track of Omar Farooq, when he released 1,811 persons in 2010, involved in cases of stone-pelting in the Valley under its amnesty scheme. Same fraternity created havoc in due course of time. Majority of stone pelters released by Omar Abdullah regime were accommodated in police department and these guys brought shame to whole of the police department by their manners observed in training centers at Kathua and Talwara in Reasi district. Without learning a bit of experience of it, again in 2017, individualistic politics indulged in lovemaking with criminals, leading to release of 9730 with positivity of BJP as an appeasement gesture towards those booked by state police for participating in anti-India and pro-freedom protests. The 'Economic Survey J&K' have revealed that in 2016, civil strife caused tremendous miseries, the loss of life, and complete halt of economic activity, losses to the tune of over Rs. 16,000 Crores, during the five-month long unrest in the Kashmir Valley. It reduced domestic investment and savings, redirected public expenditure to security-related expenditure. However the loss does not matter to politicians as it is the hard earned money of tax payers. Their only concern is to consolidate vote bank for power lust. The ever worst unrest in valley claimed hundreds of deaths and blinding of hundreds of innocent people and injuring thousands from civil and from forces in uniform. The lady CM in support from BJP dispensation in centre ashamed the democratic norms and acting as 'Ring Master' tried to dictate its terms through batons but failed miserably. Even stalwarts from center again and again dashing in valley in planes, failed to bring any relief and their visits proved to be just strolling in the lush green gardens of the Raj Bhavan. Ultimately landed the amnesty to criminals. What vision the interlocutor, PM, and CM carries by siding with criminals, civilized society cannot understand. In spite of the havoc created by these criminal minds they appear to be 'misguided youths' to them. They are pardoned, set free, provided jobs, and incentives Perspective of releasing thousands of persons by withdrawal of cases registered against them and passing "Not Guilty" verdict by political entities is violation of the sanctity of judicial process. A sideline question on these releases sounds well; what Governments did for those families who lost their near and dear, whole time savings, their shelters and what not, loss to public and government property?
The intriguing question whether government can withdraw cases against criminals also requires some amplification. A fully fledged mechanism is provided in section 321 of CrPC. Just last year the Allahabad High Court considered key questions: Whether the power of withdrawal can be exercised by the state government under Section 321 in a whimsical or arbitrary manner or it is required to be exercised for the considerations, just, valid and judicially tenable? Whether state government should not be required to make scrutiny of various pending criminal cases to find out if they deserve withdrawal? The bench answered these questions in this way: The state government is not at all free to exercise its authority in a whimsical or arbitrary manner or for extraneous considerations, apart from just and valid reasons. The state government is free to make scrutiny of such cases and arrive at parameters to decide which cases can be withdrawn. It is clear from this judgment that government can't proceed whimsically or arbitrarily and must make a case by case scrutiny of each case. The government can issue for withdrawal of cases but here public prosecutor has to apply his independent mind before according his satisfaction. The review committees constituted by government in J&K for the purpose had acted merely as post boxes of the government and acted as per the dictates of government. Thousands of cases were reviewed overnight in J&K. It was not a decision of balanced mind but of particular frenzy of political softness towards anti-national element. Any criminal offence against the society at large, casting an onerous responsibility on the state, as the guardian and purveyor of human rights and protector of law to discharge its sacrosanct role and responsibility, always accountable to the law-abiding citizenry for any lapse. At the broader spectrum we witness another analogy that is traditional, followed by one and all governments in power irrespective of the political party in states as well as in centre, to accommodate the criminals in its fold. If we speak of the MPs from BJP quota accommodated as Ministers in Modi Government, it is 31% Ministers, who are having criminal cases of murder, attempt to murder, rape, kidnapping etc. None of the state in India is without criminals in the government.
The fresh environ now witnessed in valley of stone pelting have proved the rotten minds of those responsible for release of earlier such element. The nation may speak high of Modi but for J&K he is visionless and policy less. We carry in our minds the humiliation, when PM was sharing the dais as PM of country while late Mufti was to take oath as CM of J&K, and Mufti all praised the militants, terrorists and their masters across the borders and credited them for smooth conduct of elections in J&K. What more shameless can be than this gesture?
Concluding, the fresh lease of stone pelting is attributed to the recommendations of interlocutor and his zero contribution to normalize the situation warrant his go back from the state. We have to realize and memorize that such incidents assume momentum as 'Amarnath Yatra' nears. The killing of a youth tourist is a trailer and the picture still in production. The wicked minds in Delhi have converted J&K as a test ground of its policies. The alliance government stand smashed by stone pelters but surviving by the blessings of the referees such as; Ram Madhav, Avinash Rai Khanna and Dineshwar Mishra deputed by central team of BJP to watch the interest of power lust. The release of criminals has now become much fashion show in BJP ruled state as we have seen in UP, where Yogi withdraw 20,000 cases registered against law offenders terming them as 'politically motivated. It is a dangerous trend and likely to create anarchy in the country, therefore constitutional remedy is warranted against declaring one as 'Not Guilty' by political entities for their vote bank. |
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