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A Congress Convict versus
the Indian Constitution
|by V. Sundaram|
Walter Scott said that an hour of crowded glory is worth an age without a name. Such a moment of crowded glory for the Supreme Court of India was achieved by two great judges Justice Arijit Pasayat and Justice S H Kapadia when they held on Wednesday that the power of pardon, clemency, reprieve or remission of sentence to a convict exercised by the President under Article 72 of the Constitution and by the Governor under Article 161 of the Constitution, is subject to judicial review.
Setting aside a decision of the former Andhra Pradesh Governor Sushil Kumar Shinde, remitting the sentence of a Congress activist Gouru Venkata Reddy who was undergoing a 10-year prison sentence in connection with the killing of two persons including a TDP activist, the SC bench of Justices S H Kapadia and Arijit Pasayat warned that the exercise of the clemency power would be tested by the court against the maintenance of Rule of Law. Fortunately for the innocent, law-abiding citizens of India, these two great Judges have overturned an order of that Sonia-servile, ever-puerile, ever-tepid and non-descript former Governor of Andhra Pradesh Shinde who allowed himself to be led by the partisan political considerations of the Chief Minister of Andhra Pradesh, Y Samuel Rajasekar Reddy.
The facts of this case read like an Agatha Christie novel. Gouru Venkata Reddy was sentenced by the Supreme Court for 10 years for his criminal murder of TDP worker Epuru Chinna Ramasubbaiah. The sons of the deceased had taken the matter to the Supreme Court alleging that a pardon was granted by Governor Shinde to Gouru Venkata Reddy purely on 'narrow party-based Congress political considerations and not on grounds of rule of law and the Constitution.' They had also alleged that the Governor had passed the order of pardon after a simple note was sent to him by the Y S Rajasekar Reddy government without even placing before the Governor the records of the case.
A Bench consisting of Justice Arijit Pasayat and Justice S H Kapadia, while taking note of the allegations in the petition made by the sons of the deceased TDP worker, had directed the State government to place the entire record on the process of granting pardon to Gouru Venkata Reddy, whose wife is a sitting Congress MLA, before the Supreme Court. The Supreme Court had also appointed former Attorney-General Soli J Sorabjee amicas curiae to assist it in the matter. The most unfortunate aspect of this case is that the Andhra Pradesh government, without any regard for legal or constitutional considerations, advised Governor Sushil Kumar Shinde to grant pardon to a criminally indicted Congressman, whose case according to them stood solidly 'fortified' only by virtue of the fact that his wife is a sitting Congress MLA.
In this planned criminal process of subversion of the Constitution, something akin to the disrobement of Draupadi in the court of the Kauravas in the Mahabharata, was enacted in Andhra Pradesh, with Governor Shinde and Chief Minister Y Samuel Rajasekar Reddy colluding together like Dushasana and Duryodana. For these two Congress Kauravas, the private interest of a secular Congress convict seemed more important than the Indian Constitution; the political welfare of the criminal Congress party more sacred than public welfare. According to this wicked duo, Gouru Venkata Reddy, the shameless Congress criminal, was only guilty of a private murder of a TDP worker Epuru Chinna Ramasubbaiah. These two disgusting and disgraceful Congress men in high authority are guilty of the unpardonable public murder of the Indian Constitution and The Rule of Law.
I would like to quote extensively from this historic and landmark judgement of the Supreme Court by Justices S H Kapadia and Arijit Pasayat:
Finally the Supreme Court has made a supreme contribution to the existing corpus of defined and substantive Constitutional Law when it has declared with courage, conviction, clarity and candor:
When I see the callous political behavior of so called senior Congress men of the slavish Servants of Sonia Congress party today, I cannot help quoting the words of Walt Whitman, the great poet of American democracy, who wrote about the politicians of his time in 1880:
'The members who composed it were, seven-eighths of them, the meanest kind of bawling and blowing officeholders, office-seekers, pimps, malignants, conspirators, murderers, fancy-men, custom-house clerks, contractors, kept-editors, spaniels well-trained to carry and fetch, jobbers, infidels, disunionists, terrorists, mail-riflers, slave-catchers, pushers of slavery, creatures of the Presidents, creatures of would-be Presidents, spies, bribers, compromisers, lobbyers, sponges, ruined sports, expelled gamblers, policy-backers, monte-dealers, duelists, carriers of concealed weapons, deaf men, pimpled men, scarred inside with vile disease, gaudy outside with gold chains made from the people's money and harlots' money twisted together; crawling, serpentine men, the lousy combining's and born freedom-sellers of the earth.' – (WALT WHITMAN: Origins of Attempted Secession,1880).
Leo Tolstoy, perhaps, had mean and unscrupulous men like supine Governor Shinde, servile Chief Minister Y S Rajasekar Reddy and the Imperious Super Sonia, the de facto Prime Minister, in his view when he penned the following immortal lines in his Anna Karenina:
I know that some of the top political criminals of the Congress Party would love to overturn this Supreme Court verdict by proposing an amendment to the Constitution with the willing connivance of other political parties in the UPA coalition. The bold and heroic judgement given by Justice Pasayat and Justice S H Kapadia is very reminiscent of an immortal judgement given by Lord Mansfield in England in the famous John Wilkes case in 1780:
Two hundred years later, in a more modern context, Justice Hiller B Zobel in USA declared in a judgement:'Elected officials may consider popular urging and sway to public opinion polls. Judges must follow their oaths and do their duty, heedless of editorials, letters, telegrams, picketers, threats, petitions, panelists and talk shows. In this country, we do not administer justice by plebiscite.'
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