Illegal Ban on Freedom of Speech and Thought - 2

Three years later in January 2010 Shri Bhasin’s approach was belittled, trivialized by the Bombay High Court completely missing the larger wood for the false trees planted by the communal Islamic “Interveners”. The process of both administrative and judicial murder reached its fitting finale when the time-barred illegal action of the Bombay Government under Section 468 of CrPC in 2007 was fully sanitised and legalized by the Bombay High Court on January 6, 2010.
Let me deal with one more very interesting paragraph from the Bombay High Court judgment.

“But, we feel that the author cannot comment on all Muslims, and the Indian Muslims in particular and paint them as villains. The author has said that the Muslims in fact considered even conspiring against the soil of India, forgetting the role played by several Muslim leaders in the freedom struggle of India as followers of Mahatma Gandhi. It cannot be denied that misguided Muslim youth have indulged in acts of terrorism. But misguided youth are there in other religions and there are instances where they have indulged in acts of violence. Because of such instances the entire Muslim community cannot be branded as terrorists. The author could not have painted the entire Muslim community with the same brush. The author has insulted a large section of Indian Muslims who are part of the mainstream of the nation's life and who are contributing to India's development in all fields”

We can clearly see from the above paragraph that the Bombay High Court does not want to recall even marginally the horrors of religious Partition of India and the Hindu Genocide that followed both in West Pakistan and East Pakistan. Like the anti-Hindu “secular” Government of India, they may not like to know the patent fact that the Hindu Genocide that was set in motion in West Pakistan and East Pakistan areas in 1947 by Mohamed Ali Jinnah is still continuing unabated even today in Pakistan (Original West Pakistan) and Bangladesh (original East Pakistan). This can very easily be proved by furnishing some data. Hindus in West Pakistan constituted 12% of the total population in that region on 16 August, 1947. Today the Hindus account for less than 0.1% of the total population in PAKISTAN. So much for Islamic compassion and Islamic Brotherhood in Pakistan. (West Pakistan immediately after Partition). The Hindus (the wretched Kafirs) according to the Holy Quaran are not part of this Brotherhood!

Likewise, the Hindus accounted for 30.8% of the total population in East Pakistan on 16 August 1947. Today they account for less than 9% of the total population in BANGLA DESH (East Pakistan immediately after partition). So much for Islamic compassion and Islamic Brotherhood in Bangladesh. Here also the Hindus (the wretched Kafirs) according to the Holy Quran are not part of this Brotherhood! I am presenting below a photograph to prove that organized Genocide of Hindus is taking place in Bangladesh even today on a day-to-day basis with the full knowledge and tacit approval of not only the Government of the Islamic Republic of Bangladesh but also the evangelical and pan-Islamic anti-Hindu “secular” Government of India. THREE CHEERS FOR FRADULENT INDIAN SECULARISM!!!

To all our anti-Hindu Courts of Law all the above facts are irrelevant. Anyone can see how the world and humanity-embracing judges of the Bombay High Court have been moved and swayed by the noble edifice of Islamic Brotherhood raised in India after our Independence by the openly Islamic Nehru and his successors in office!

Let me now move on to another dimension relating to the “lofty idealism” and “spirit of self-sacrifice” displayed by the Muslims of India during the days of our struggle for freedom which have been commented upon by the Bombay High Court.

The Bombay High Court judges have waxed eloquently on the role played by several Muslim leaders in the freedom struggle of India as “FOLLOWERS OF MAHATMA GANDHI”. It is my public duty to invite their judicial attention to the “patriotic” role played by some of the Muslim leaders of India during the days of Khilafat Movement in 1921. Maulana Mohammed Ali Jauhar (1878-1931) who was the most important Muslim leader in the days of the Khillafat Movement immediately after World War I. Maulana Mohammed Ali Jauhar paid his truly Islamic tribute to Maha-Kafir Mahatma Gandhi in these IMMORTAL WORDS: “However pure Gandhiji's character may be, he must appear to me from the point of view of religion inferior to any Mussalman, even though he be without character. Yes, according to my religion and creed, I do hold an adulterous and a fallen Mussalman to be better than Mahatma Gandhi”. All this he said in 1921. It has to be borne in mind that Mahatma Gandhi was the President of the Khilafat Movement at that time.

Maulana Mohammed Ali Jauhar, the Muslim follower of the Mahatma Gandhi who had thus politically stabbed Mahatma Gandhi with Islamic fervour in the back even in the days of the Khillafat Movement was given the supreme honour of presiding over the Kakinada Session of the Congress in 1923. It was in that Session THAT THE FIRST ISLAMIC BLOW WAS STRUCK AT THE NATIONAL SONG OF INDIA ‘VANDE MATARAM’ BY THE CONGRESS PRESIDENT MAULANA MOHAMMAD ALI JAUHAR HIMSELF. During those years, (particularly from 1917 to 1922) the reputed singer and patriot Vishnu Digambar Puluskar of Maharashtra used to sway the inaugural session of Congress with his deep and resonant singing of ‘Vande Mataram’ song. However, when Puluskar came on the dais to sing at the Kakinada Session in 1923, he was stopped by the President Maulana Mohammed Ali. The the Muslim follower of the Mahatma Gandhi Maulana Mohammed Ali Jauhar exclaimed that singing of music was taboo in Islam and as such he would not permit the singing of VANDE MATARAM song. The entire Assembly was stunned; everyone, including the top leaders and stalwarts adorning the dais like Mahatma Gandhi, Madan Mohan Malaviya, and others sat dumbstruck, unable to think of a proper reply or retort to the Congress President. Paluskar, however stuck to his post of duty.

Such an Islamic traitor, such an anti-Hindu barbarian who had the temerity to insult and betray his leader Mahatma Gandhi was honoured by the “secular”, pan-Islamic and anti-Hindu Government of India with the issue of a commemorative Postage Stamp in his honour in 1978!!! Islamic traitors during the days of British Raj have been elevated to the level of true patriots as “Muslim followers of Mahatma Gandhi”!!!

1978 Postage Stamp
of Maulana Mohammad Ali Jauhar (The ‘Muslim follower’ who abused Mahatma Gandhi)

All our secular Courts of Law today would love to go into raptures about the heroic deeds of self-sacrifice of such patriotic Muslims as Maulana Mohammed Ali. Mahatma Gandhi had many such sincere, earnest, truly faithful and patriotic “Muslim followers” and in this band the foremost of them was Maulana Abul Kalam Azad (1888-1958). Sardar Vallabhai Patel, the first Home Minister and Deputy Prime Minister of India told Pundit Jawaharlal Nehru in 1948: “A Nationalist Muslim is a contradiction in terms.” In order to make this harsh political truth more rounded in the eyes of our pan-Islamic and anti-Hindu “secular” Courts of Law, I would like to invite their attention to the following telling statement of Dr Shyama Prasad Mukherjee (1901-1953) who was a Cabinet Minister in the first Nehru Government of independent India: “Pundit Jawaharlal Nehru is the only Nationalist Muslim in India.”
Prafull Goradia (a former Member of Parliament, a historian and a great scholar) and K.R Phanda belonging to the Indian Economic Service have brought out a fully documented book titled ‘ANTI-HINDUS’. We can see how the great “Muslim followers” of Mahatma Gandhi were faithless traitors to the cause of Indian Nationalism and Indian independence in the closing years of British Raj in India. The Ali Brothers --- Mohammad Ali and Shaukat Ali ---, Suhravardy, Mohammad Ali Jinnah and Maulana Abul Kalam Azad used Mahatma Gandhi and Pundit Nehru as disposable political condoms when they indulged in their pious Islamic obligation of partitioning Kaffir ‘Hindu India’ on religious lines and establishing Pakistan as a military base the spread of “Darul-Islam” in the rest of India.

Front Cover of the book by Prafull Goradia and K.R Phanda.

We can see the two Islamic marauders pinning the unwitting Mahatma Gandhi from either side!! True “Muslim followers of Mahatma Gandhi” indeed!!!

So much for the patriotic “Muslim followers” of Mahatma Gandhi!!! The learned judges of the Bombay High Court have shown an incredible historic sense and vision when they have paid handsome tributes to the “patriotic” role played by the “Muslim followers of Mahatma Gandhi” in the days of our struggle for National Freedom!!! Perhaps the great American thinker Thoreau (1817-1862) who politically influenced Mahatma Gandhi had many of our High Court Judges in mind when he wrote: “It takes two to speak the truth; one to speak and another to hear.”

The simple truth seems to be this: The judges of the Bombay High Court seem to be unaware of the past or do not want to know anything about it. For men holding high judicial posts, the inspiring words of Sir Winston Churchill should act as their searchlights and not the truly secular, humane and compassionate verses of the Quran: “If you chose to ignore the past, you run the risk of not only losing your control over the present but also forfeiting your right to the future”. Both the BAR and the Bar of History are being treated with supreme contempt by many of our Courts of Law today!

Hon’ble Justice Learned Hand of America defined the overriding qualifications of ideal, impersonal, patriotic and fearless judges. His clinching words are worth quoting in this context: “I venture to believe that it is important to a judge called upon to pass upon a question of constitutional Law, to have at least a bowing acquaintance with Acton and Maitland, with Thucydides, Gibbon and Carlyle, with Homer, Dante, Shakespeare and Milton, with Machiavelli, Montaigne, Rabelais, with Plato, Bacon, Hume and Kant as with the books written specifically on the subject. For in such matters every thing turns upon the SPIRIT in which he approaches the questions before him. The words he must construe are empty vessels into which he can pour nearly anything he will. Men do not gather figs of thistles, nor supply institutions from judges whose outlook is limited by parish or class. They must be aware that there are before them more than verbal problems; more than final solutions cast in generalizations of universal applicability. They must be aware of the changing social tensions in every society which make it an ORGANISM; which demand new schemes of adaptation; which will disrupt it, if rigidly confined.”

Do we have such eminent judges cast in the grand mould as defined and envisioned by Hon’ble Justice Learned Hand, in our midst, today? Do we have such judges with cosmic universal vision who can particularise in terms of the general and generalise in terms of the particular, with uncanny ability to seize the abstract and the concrete in the same flight of judicial thought? The judgment of the Bombay High Court in the case relating to the banning of R.V Bhasin’s book gives us no grounds for such hope, however tenuous.

Sir.Walter Scott (1771-1832) was absolutely right when he wrote “A lawyer without history or literature is a mechanic, a mere mason. If he possesses some knowledge of these, he may venture to call himself an architect.” These observations of Sir Walter Scott pari pasu are more applicable to the Judges. Most of our judges today seem to be mere ‘legal’ mechanics or ‘political or ‘communal’ or ‘denominational’ masons. The poor common litigants of India can never hope to get any justice from the gigantic ‘Fraud-Mill’ of our moribund judiciary

When Justice Felix Frankfurter passed away in 1962, the New York Times wrote a timeless Editorial titled ‘The Frankfurter Legacy’: “History will find greatness in Felix Frankfurter as a justice, not because of the results he reached but because of his attitude toward the process of decision. His guiding lights were detachment, rigorous integrity in dealing with the facts of a case, refusal to resort to unworthy means, no matter how noble the end, and above all dedication to the court as an institution.” Alas! For India, we have the blessing of having judges of the moral fibre and calibre of Justice Dinakaran and Justice Ramaswamy to disgrace the Benches of the Higher Judiciary.

The book written by Shri Bhasin was merely meant to highlight the contents of what is in Quran. The book quotes the Quran verse after verse as defense. Now can the Advocate Muchchala or the 5 Islamic communal organizations that he represents refute the verses of the Quran? Openly admitting that the Quran is not well written is not accepted by or acceptable to Muslims who regard it as the very word of Allah. How can Allah write something that is not well-written, unclear or subject to interpretations unless it is the words of man? Islam demands total obedience verbatim without questions. Any deviation is branded as apostasy by the Muslim Clerics and they compete with each other in being the first to issue a ‘fatwa’ ordering the killing of the apostate. Innocent writers of international renown like Salman Rushdie and Taslima Nasreen have been the unfortunate victims of this kind of Islamic ‘fatwa’.

The FEAR induced by this kind of Islamic cruelty, at is the reason most Muslims will never question the logic and rationality of Quran. They will just accept Quran and obey. Shri Bhasin’s book in question quotes the verses of Quran as proof. Now let the opposing advocate Mr Muchchala actually read that book and refute the verses of the Quran in open Court. Will he dare do it? He will have a ‘fatwa’ by Muslim Clerics ordering his killing. So then what is the legal case about?

In the case of R.V Bhasin he became the victim of executive illegal “secular” fatwa issued by the Maharashtra Government in 2007 and equally illegal judicial fatwa issued by the Bombay High Court on January 6, 2010.

The contents of Shri Bhasin’s book cannot be or ought not in reality be objectionable to the Muslim fanatics. After all they have received, learnt and imbibed the very same anti-kafir (which in the Indian context means anti-Hindu) message in their Muslim Quranic schools or Madrasas. Saudi textbooks and Pakistani school textbooks printed by their respective Governments cite the verses of the very same Quran to teach young impressionable schoolboys to ‘Kill the kafir’. Shri Bhasin’s book is as accurate as the Official Saudi and Pakistani school text books in portraying the true nature of Islam. So then what is the problem? In Chennai when all the gory details of the barbarous, murderous Islamic Mughal history was sought to be displayed by Francoise Gautier, the Muslim fanatics led by the ‘Nawab of Arcot’ Muhammad Abdul Ali protested against it. NOT FOR THE CONTENT, BUT THE DISPLAY OF THE CONTENT! The Judges of the Bombay High Court should not choose to close their eyes to the public incidents of this kind of Islamic intolerance taking place with unfailing regularity in different parts of India.

What is written in the Official Saudi and Pakistani school text books is meant for the eyes and ears of Muslims only. This is their war strategy; the strategy of the Quranic injunction of Jihad or Islamic World domination using force wherever and when ever needed. This war strategy, needless to say should not be disclosed to the infidels, lest they rise up and take counter action. These facts fully backed by authentic documentary evidence have been brought into the public domain for valid reasons of national security and preservation of India’s territorial integrity by Shri R.V Bhasin in his now-banned book.

The standard Muslim tactics to counter such honest public exposure is PUBLIC DENIAL. They cannot of course deny the violent and brutal verses and barbarous message of the Quran but they try to prevent its public exposure to non-Muslims. Legal obstructions are one way to prevent this public exposure of the violent and brutal verses and message of the Quran. The 5 interloper or ‘Intervener’ Islamic communal organizations have used the Bombay High Court not to defend the law of the land or to secure justice for Indian citizens, but to fulfill the aim of Jihad or Islamic world domination. The Courts of Law in India should act to defend the Indian Constitution and to protect the rights of Indian citizens. They should not act as handmaidens to some foreign imperialist ideology, in this case, Global Islam.

Bombay High Court objected to the words used by Shri Bhasin in his banned book. According to the Bombay High Court, these words are calculated or will have the effect of hurting or wounding the religious feelings and sentiments of the Muslims of India. We can see the double standards practiced by our Courts of Law which can only be termed as blatant discrimination between the religious feelings and sentiments of the Majority Hindus of India and the religious feelings and sentiments of the Minority Muslims of India. Let me give some concrete examples to illustrate this point.

Justice Sanjay Kishan Kaul of Delhi High Court, while dismissing the criminal complaints against the pornographic Islamic painter M.F Hussein on 8th May 2008 said, “A painter has his own perspective of looking at things and it cannot be the basis of initiating criminal proceedings against him. In India a new Puritanism is being carried out in the name of cultural purity and a host of ignorant people are vandalizing art and pushing us towards pre-renaissance era.” If that be so, why did the Courts of Law in India keep quiet when the Muslim marauders in India went on a rampage destroying shops and public places in several towns and cities in Uttar Pradesh protesting against the cartoons of Mohammad the prophet drawn by a Danish painter in 2007? If M.F Hussein can have unlimited freedom to denigrate the Hindu Gods and Goddesses of India through his ugly and vulgar paintings, then the same freedom can be exercised by a Danish painter regarding Muslim God Allah!

If M.F Hussein can have his own perspective of looking at Hindu Gods and Goddesses, totally unmindful of the grievous hurt he is causing to the religious feelings and sentiments of the Hindus of India, then Shri R.V Bhasin should also be given the same artistic and intellectual freedom to have his own perspective on the different facets of Islam. This only proves my point. Both the Bombay High Court and the Delhi High Court are functioning like patently anti-Hindu Sharia Courts in Saudi Arabia and Pakistan!

In September 2008 the Supreme Court quashed all proceedings against the Islamic painter Maqbul Fida Husain, against his pornographic paintings depicting the nude figures of Hindu Gods and Goddess.

While refusing to allow prosecution against the painter on obscenity charges, the Honourable Chief Justice of India K.G Balakrishan asked: “It (Hussain’s work) is art. If you don’t want to see it, then don’t see it. There are so many such art forms in the (Hindu) temple structures.”

If that be so according to the Supreme Court of India, then as a freelance journalist I would like to say to our “learned” Judges of Bombay High Court: “WELL THEN YOUR HONOURS, THE MUSLIM ORGANIZATIONS AND INDIVIDUAL FANATICS WHO DON’T WANT TO READ SHRI BHASIN’S BOOK NEED NOT READ IT AT ALL. SO THERE WAS NO CAUSE FOR A BAN ON HIS BOOK BY THE GOVERNMENT OF MAHARASHTRA IN 2007!”

Fully Clad Muslim King and naked Hindu Naked Bharat Mata
Viewed as artistic freedom of M.F.Hussain by Honourable Justice Sanjay Kishan Kaul of Delhi High Court and what Honourable Chief Justice Balakrishnan

Further I would like to invite the kind attention of the Learned Chief Justice of India to the following two “Glorious” paintings of M.F.Hussain shown above. One painting shows a Muslim Aristocrat if not a terrorist emperor in Royal Dress drawing his Islamic (by no means artistic!) sword behind the back of a naked Hindu. We can see the Islamic eyes of hate and contempt oozing from his ‘compassionate’ eyes towards the helpless Hindu Kafir. The other painting shows Bharat Mata in the nude. I would like to put this simple question to the Honourable Chief Justice: “In how many Hindu temples do we have the painting of a Muslim marauder drawing his Islamic sword according to the Quranic injunctions behind the back of a naked Hindu? In how many Hindu temples do we have the nude paintings of BHARAT MATA? Can the Hindus of India have the same artistic freedom as M.F.Hussain to paint Allah in the nude? What are the Special Minority Rights and Privileges of M.F.Hussain in this regard?” I am mentioning these FACTS which are very relevant to the case in question. Did not the great American Judge Justice Oliver Wendell Holmes (1841-1935) declare for all time: “Truly, I can assert with authority, that to a clear eye the smallest fact is a window through which the Infinite may be seen.”

In my humble view, neither blessed with immortality nor holding any official public position of deathless authority, immortal painter like M.F.Hussain has no ‘artistic freedom’ to hurt the feelings touching upon the self-respect and self esteem of the Hindus of India by showing them in such a shameful plight. Nor has he any ‘artistic freedom’ to paint BHARAT MATA in the nude. Nor has he any ‘artistic freedom’ to superimpose the Dharma Chakra on the nude picture of Bharat Mata. As an unlettered and illiterate Hindu, I am shocked by the highly evolved and sublime aesthetic and cultural sensibility of the Supreme Court of India to these fundamentally ‘anti-Hindu and anti-national artistic creations’ of M.F.Hussain. It is a public fact that more than 1000 criminal cases have been filed against M.F.Hussain in different parts of India. He is now in hiding in the Middle East!

I am also presenting below two other great artistic creations of the Islamic evil ‘genius’ M.F.Hussain. One painting denigrates Goddess Lakshmi. The other denigrates Goddess Durga. If this can be viewed by Honourable Chief Justice Balakrishnan as an integral part of the artistic freedom of M.F.Hussain, then I would like to pose these questions to him: Will every Hindu painter have the freedom to depict Mohammed the Prophet in the nude? Will that also be viewed as a part and parcel of the artistic freedom of Hindu painters? If the answer to this question is ‘YES’, then the Supreme Court would have solved the Hindu Muslim religious and cultural problem once for all in one masterly stroke, mercifully not only for India but also for all mankind!

Naked Goddess Lakshmi  -  Goddess Durga in sexual union with tiger
(Note how Ganesha’s Tilak is Lakshmi’s vagina)

I have given the pictorial examples of M.F Hussein’s paintings above to bring out the fact of double standards prevailing in our Courts of Law in so far as the fundamental rights of Hindus and the fundamental rights of Muslims are concerned. According to our Supreme Court only the Muslims can have all rights of artistic expression. Only their religious sensitivities and sensibilities are important and paramount. It would be religious blasphemy for the Hindus of India to demand equality of rights with the Muslims of India. The Muslims only have the right to obtain these rights through acts of violence and terrorism let loose against the Hindus from time to time or moving through Courts of Law for getting their Islamic and sectarian benefits through the benevolent and safer path of ‘JUDICIAL TERRORISM’.

What Honourable Justice Sanjay Kishan Kaul of Delhi High Court and what Honourable Chief Justice Balakrishnan have failed to note is that the pornographic nude paintings of M.F.Hussain of Hindu Gods and Goddesses are not only totally perverse but abominably atrocious. M.F.Hussain’s barbarous paintings are shockingly stark symbols of his ethnic bestiality, religious perversity and cultural barbarism. THROUGH HIS VULGAR PAINTINGS HE HAS CAUSED A GRIEVOUS HURT TO THE EMOTIONS AND FEELINGS OF ALL THE HINDUS OF THE WORLD. How can this patently public fact be ignored by our Courts of Law in the blatantly dictatorial manner of an oriental potentate like Ghengis Khan or Kublai Khan or Timur or Aurangazeb? Are not our learned Judges worried about only the ‘Minority Rights’ of M.F.Hussain and other Muslims of India? Are they not riding roughshod over the legitimate religious feelings of Hindus in majority in India! Are the religious feelings and sentiments of the Hindus of India legally irrelevant to our Courts of Law without Justice?

How can our Courts of Law view M.F.Hussain’s vulgar paintings as an integral and legitimate part of his minority rights on the one hand and of his unassailable freedom of creative and artistic expression as an independent artist on the other? In this context I have to dwell at length on different facets of artistic freedom. Here I am guided by a brilliant essay on artistic freedom written by Kishore Asthana. Let me quote his brilliant and appropriate words in this context: "An artist creates art from three primary sources. The first, of course, is the heart. What emerges from an Artists heart can indeed be called ART. The second is the brain. Sometimes an artist creates art, like a student who writes an essay. This is essentially poster-art and is deliberately crafted. This should be called SmArt. Then there is the third source, the organs of procreation. When the primary motivating factor for art arises out of the artist's genitalia, then it can be termed FArt. Of course, in any work of art, there may be different proportions of Art, SmArt and Fart"

All responsible intellectuals and citizens would always be champions of artistic freedom, but within reasonable and civilized limits and not divorced from the accepted tradition of social, spiritual and cultural values. So long as these limits are respected, I am all for Artistic freedom. Whatever arises out of the heart of the artist must be inviolate for he has no discretion in it. We may criticize it but we do not have the freedom to ban it. SmArt-work is deliberately created. SmArtistic freedom should not be defended as vehemently, because, unlike Art, the artist has discretion in creating SmArt. If it makes us think, we should appreciate it. If it succeeds in raising our aesthetic sensibility, we should applaud it. However, if it goes against the grain, we should condemn it.

FArtistic freedom is like telling us that everyone is free to keep letting out either odoriferous or foul smelling farts in a crowded room and no one should object to these because every artist must have freedom to create FArt. In my view M F Hussain's paintings are in the nature of foul smelling noisy farts in a crowded room and that is why thousands of people in India, and more particularly the Hindus, have expressed themselves so violently against the so called artistic FArts of M F Hussain, with many of them dragging M H Hussain to several courts of law.


Let me now give one more instance. Recently on November 12, 2009, the Uttar Pradesh government banned a book in which an "imaginary picture" of Prophet Mohammad was printed by the publisher. The book titled ‘Udiyaman Bhartiya Samaj Mein Sikshak’, which carried an imaginary picture of Prophet Mohammad, was banned by the State Government. The Government said that the ban was imposed for the reason that printing picture was against the tenet of Islam and could hurt religious sentiments of the Muslims, which may lead to a break down of law and order. This book in Hindi written by Karn Singh, a retired teacher, was published by Govind Prakashan from Lakhimpur Kheri district. The government directed all the district magistrates and SPs to seize all the copies of the book in circulation. Later Karn Singh, the author of the book was also arrested by police for distorting facts about Islam. We can see the blatant discrimination being made between the pornographic paintings of Hindu Gods and Goddesses by M.F Hussain and a harmless picture depicting Mohammad the Prophet in Karn Singh’s book. If Karn Singh can be arrested, by the U.P Government, then M.F Hussein should also be arrested by the Government immediately. If Karn Singh were to go to the Supreme Court with a writ petition, will the Supreme Court of India extend the same mercy to him as it has done in the case of M.F Hussain? This is the moot question that is being asked by all the enlightened Hindus of India today.

In my view the peace-loving Hindus of India are being used as disposal fodder in the heavily loaded mill of judicial activism. They are becoming helpless victims of judicialization of administration, judicial populism, judicial dictatorship, authoritarian judicialism, judicial adhocism, judicial excessivism, judicial overreach, judicial despotism, judicial trespass, judicial adventurism, judicial tyranny and even judicial terrorism. Here I cannot help quoting the words of Justice HR Khanna, one of the greatest judges of world class India has produced after her independence: “Judiciary should not ‘transgress’ into the executive and legislative spheres. Judges should not take over the country’s governance. This can disrupt the constitutional balance and end in a disaster. A non-elective body, the judiciary’s role is limited to being the Constitution’s guardian. Of all the different kinds of despotism, judicial despotism is the most illogical, irrational and inexcusable”. The same view has been expressed by Justice V.R. Krishna Iyer: “Judicial usurpation erodes constitutional division of powers among the different instrumentalities. Our country has not entrusted governance to Justices or legislation to Courts of Law”. Here the words of Lord Bacon, Lord Chief Justice of England become relevant: “Let the judges remember that Solomon’s throne was supported by lions on both sides: let them be lions, but yet lions under the throne”.

‘Political’ Judicial activism is not merely inconsistent with the Rule of Law, it is a total negation of the Rule of Law. If cases are decided on the personal philosophies or subterranean political affiliations of judges, then in reality there is no LAW. If the Constitution has no objective meaning but means only what judges think it ought to mean, it is not a Constitution at all but an empty symbol, a sort of national totem. History shows that vague laws, subjectively interpreted and arbitrarily applied, are the tools of tyrants. The equation is as old as the human race---power minus responsibility equals despotism.

The law is not the private property of lawyers, nor is justice the exclusive province of judges and juries. In the final analysis, true justice is not a matter of Courts and Law Books, but of a commitment in each of us to liberty and mutual respect.

To conclude in the beautiful words of Honourable Justice Warren E Burger (1907-1995): “Ideas, ideals and great conceptions are vital to a system of justice. Concepts of justice must have hands and feet or they remain sterile abstractions. The hands and feet we need are efficient means and methods to carry out justice in every case in the shortest possible time and at the lowest possible cost. This is the challenge to every lawyer and judge in America.” These words are no less applicable and relevant to the Indian judicial system which is in a state of terminal cancer today. The four solid planks of the Indian Judiciary today seem to be Judicial Adhocism, Judicial Adventurism, Judicial ‘Errorism’ and Judicial Terrorism.


More by :  V. Sundaram

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Views: 3294      Comments: 1

Comment First, get your house in order. Then go after a community/ ideology/ religion. I am , unfortunately, Bhasin's daughter. He beats his wife for not getting enough dowry, encourages his son, Niyam, to beat up his mother and is anti women. If this is your idea of a devout Hindu, then I'm ashamed to be a Hindu. RVB treated me differently from his sons. His sons were given an education in the U.S, and as students had the fanciest cars. But I was sent to local schools and colleges and travelled bu BEST busses. At least these so called Muslim "fanatics" look after their own families. RVB is a frustrated man, who used these anti- Islam books to get into politics. but BJP has turned him down. He has never ever won a case for his clients. RVB should be banned, he is a bolt not only for Hindus, but for human kind as well.

Nidhi Bhasin
18-Jan-2012 14:21 PM

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