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Ram Jethmalani tears apart arguments of Delhi Police in Ramlila Maidan incident case

MONDAY, 17 OCTOBER 2011

By Sumit Nagpal
Noted lawyer Ram Jethmalani today blasted Delhi Police in a case relating to Delhi Police crackdown on Baba Ramdev and his supporters during the intervening night of 4th and 5th June 2011. While arguing for Baba Ramdev’s trust, Jethmalani tore apart claims of Delhi Police that if they had not taken any action, it could have led to the communal tensions in the area. In a hearing which lasted for two hours, the veteran criminal lawyer tried to pursue the judges that Delhi Police violated the provisions of Criminal Procedure Code.Starting his arguments before the bench of Justice B S Chauhan and Justice Swatantra Kumar, Jethmalani said “.fasting and meditation are two elements of Yoga and the word used for fasting is Anshan. Swami Ramdev had declared that he was fasting for a cause of bringing back black money stashed abroad. Up to 3rd of June, Ramdev was a revered personality, not only by millions, but also by the ministers of the Government. Even the Prime Minister complemented him for his suggestions. All that turned out to be hoax and after 4th June Swamy Ramdev became a criminal…”Jethmalani also informed the court that the owner of the property that is Ramlila Maidan is Municipal Corporation of Delhi. According to Jethmalani “..Use of this property doesn’t depend upon the permission from the Delhi Police, they could neither grant permission, nor could they refuse it. There is no rule under which I could be asked to take permission. It is part of the Indian tradition to hold meetings at public places…”Ram Jethmalani informed the court that the Police had imposed three conditions on Baba Ramdev for holding his Yoga camp. These three conditions were (1) You will have to take permission from the owner of the property; (2) Make sure that you don’t obstruct the free flow of the traffic in the area and (3) Depute sufficient number of volunteers at the venue.

“…There was no breach of any of the conditions, action of Delhi Police was an act of Criminal Intimidation, it was a show of Criminal Force. Men, women and children were sleeping; Delhi Police own affidavit says that Baba Ramdev himself was sleeping. This crowd went to sleep after the Shanti Paath and they had nothing to do with the traffic. Whoever woke them up is guilty of culpable homicide of the poor lady Rajbala who lost her life.Look at the shamelessness, the records show that the people were injured due to stampede and they did not have Lathis, these are monstrous lies…” argued Jethmalani.

Refuting the claims of Delhi Police that Ramdev followers had brought bricks at the venue, Jethmalani said that the bricks were brought for constructions of temporary toilets at the venue. “…the guardians of law who entered to restore the law and order were seen trowing showers of bricks on the Kutia (कुटिया ) of Baba Ramdev. They called us unlawful assembly but in this case, it was the police which formed unlawful assembly…” argued Jethmalani.

Attacking the order under Section 144 of CrPC, Jethmalani came down heavily on the language of the order. Tearing apart the contents of the order which suggested that some people or groups wanted to disturb the peace and tranquility in the area, Jethmalani argued, “…you are bound to tell under section 144 the facts, you cant just say there are “some” people who are going to create disturbance. In a way, the followers of Ramdev would have thought that they are the ones who are going to be attacked. Suggesting the entire area as a communally sensitive area is a slur on the Muslim population there…”

Concluding his arguments for the day, Jethmalani informed the bench that the police was required to give adequate notice to people before resorting to any action and if the people did not cooperate only then the police could have taken any action. The court posted the matter for further hearing for 4th November.

Posted by Spread Law at 08:30
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SC asks Delhi Police to Explain use of Teargas on Baba Ramdev’s Yoga Camp

Express news service  Posted: Tue Jul 12 2011, 03:17 hrsNew Delhi:

The Supreme Court on Monday sought an explanation from the Delhi Police regarding the midnight crackdown at a camp organised by yoga guru Baba Ramdev against corruption. The court also questioned the need for resorting to teargas shells and lathi-charge in a closed enclosure, where people were sleeping.

A bench of Justices B S Chauhan and Swatanter Kumar asked for responses from the Delhi Home Secretary and the Delhi Police, while posting the case for hearing on July 25.

Referring to Ramdev’s reply in support of his claim that a yoga camp was on at Ramlila Maidan, the bench observed that there are documents and DVDs to show that yoga was undertaken.

The court said it may even view over 30 hard disks of footage to help determine what really happened at the site.

Ramdev had, in his reply, blamed Home Minister P Chidambaram for the entire incident, saying the decision to arrest him was taken well in advance. The yoga guru asked the court to issue a notice to the Home Minister personally.

While the court asked for a reply from the Home ministry, no clarification has been sought from Chidambaram personally.

The government had said that instead of a mass-yoga class for 5,000 people, for which the permission was sought, there were close to 65,000 people present on the grounds.

Senior advocate Ram Jethmalani, appearing for Ramdev, said a detailed response was required from the police on why they used water-cannons and teargas, putting Ramdev’s followers at the Maidan in harm’s way. He termed the police action as “murder of democracy”.

http://www.indianexpress.com/news/explain-use-of-teargas-force-sc-to-police/816272/

Digvijay Singh : The Ignoble Rajput

17/06/2011 13:14:26  Dr. Vijaya Rajiva

The once glorious Indian National Congress, and the once glorious Rajputs, are both at the lowest ebb of their respective traditions as seen in two members of the Congress Party. The choice of Sonia Gandhi as President of the Party was a hapless one. The present writer has written about her unsuitability for Indian conditions. Unlike the intrepid freedom fighter for Indian independence, the Irish stalwart Annie Besant, who had immersed herself in Hindu India’s traditions, Sonia continued to nurture her monotheistic superstitions, thanks to the fact that her general education was non existent. It is not certain whether she has even a high school degree, or that she even took the diploma from the foreign language school in Cambridge town where the good nuns from Italy had sent her hoping that she would become an au pair girl or a domestic. Nor did she make an effort to study Indian history and Bharat’s culture and civilization. She locked herself into a solitude, surrounded by dubious characters. This was not her choice one hopes and her subsequent incursions into the murky side of a corrupt Congress led her down the unavoidable slippery slope. And as some commentators have observed, her mask has finally fallen, with the vicious attack on a Hindu Yoga guru and his peaceful followers on the night of June 4. That event is indeed the turning point. Hindu India will never forgive her , nor should they ever forget. Since she has kept her Italian passport(as alleged) then one can only pray that she does not return from her recent trip to Switzerland.India does not need anymore mafia donnas !

Digvijay Singh offers a marked contrast. One could depict him as a clown, except the seriousness of his slippery slope is also an insult to the Rajput tradition of loyalty to their country and heroic history. One does not even dare to mention the sacred name of a Rana Pratap, in this context of a Rajput gone bad. Unlike Sonia he had a heroic tradition to look up to and live by. What actually happened is a different story altogether.

Congress’s attack dog is hiding behind the strength of his master/mistress’s temporary popularity. As her fortunes ebb, the rats will leave the sinking ship.No doubt he will be the first. Till then he has some time and he is making the most of it. One has to only look at the sorry spectacle of a Rajput demeaning a Hindu Yoga guru, while simultaneously speaking of Bin Laden as Bin Ladenji. It is also reported by one perceptive journalist that it was Chidambaram and the ex-Rajput who stood behind Sonia’s decision to attack Baba Ramdev.

The names this pitiful individual reserved for the Hindu Yoga Guru Baba Ramdev were ‘thug’ and ‘fraud’.

Under Sonia Gandhi’s 12 year reign of terror for the Hindus of India, this is possibly only one more example of anything goes. As long as it is someone from the majority community everything is fair game. But he is also playing a double game. During the satyagraha of the Yoga Guru in the first week of June, Digvijay Singh tried to fool the Hindu masses by using the phrase ‘ Hamare Sanatana Dharma’ (Our Sanatana Dharma). Who is he fooling? He is listed in the Wikipedia biography as Christian.* He is a convert, presumably.

Now, there are thousands of Indian Christians who have stayed loyal to Bharat. They merely changed their religion, but their ancestral memories (unlike Sonia’s) are of Bharat. And by and large they have remained respectful and even appreciative of their Hindu ancestry, except when misled by missionary propaganda. Digvijay is also in addition an anomaly as a Rajput ( he is listed as a Rajput in the biographical entry).

Hindu India must continue to challenge this fraud. He is seeking the Muslim vote in Uttar Pradesh. Hence his visits to the area soon after 26/11. Here he is also in sync with his protégé, Rahul Gandhi, who we are told was partying all night at a friend’s wedding on the night of 26/11. The mother son duo and their faithful lackey have no interest in Bharat.

No self respecting Rajput would have called a Hindu Guru, a thug ! Only a depraved fallen Rajput obeying the whims of his mistress would do that.

(The writer is a Political Philosopher who taught at a Canadian university)

http://www.haindavakeralam.com/HKPage.aspx?PAGEID=14063&SKIN=B

* (Moderator’s note: According to Wikipedia, as of June 20, 2011, Digvijay Singh’s religion is listed as Hinduism)

 

 

Sonia Gandhi takes her role seriously

According to Lok Sabha web site, Sonia Gandhi is a trustee of Jaliawala Bagh National Memorial Trust.

It seems that she has misunderstood her role. Perhaps, she feels that as a trustee of the “memorial”, she has to repeat Jallianwalla Bagh type atrocities on the Bharatiya people from time to time, so that the “memory” remains alive! May be that is why she ordered that infampus attack on Baba Ramdev and his followers on the night of June 4-5.

Jallianwala was perpetrated in 1919 by a foreigner drunk mad with absolute power. Almost 100 years later, history was repeated.

 

 

Trustee, Jalianwala Bagh National Memorial Trust;

Source: Lok Sabha

http://india.gov.in/govt/loksabhampbiodata.php?mpcode=130

Swami Nigamananda, fasting to save Ganga, dies

NDTV Correspondent, Updated: June 14, 2011 14:50 IST

Dehradun:  As the Government and social activist Anna Hazare continue their war of words, Swami Nigmananda, who had been fasting for almost four months to protest illegal mining and stone crushing along the Ganga near Haridwar died at the Himalayan hospital in Jollygrant in Dehradun on Monday.The 34-year-old swami died at the same hospital where Ramdev was being treated until his discharge on Tuesday.Swami Nigamananda had been on a fast since February 19 this year and was forcibly taken to a local hospital in Haridwar on April 27 when his condition worsened after days of fasting. He was later transferred to the Himalayan hospital in Jollygrant earlier this month after he went into a coma and subsequently died on Monday.

“The saint was fasting for the Ganga since the last many days. He laid down his life for the Ganga. I pay my tribute to Swami Nigamananda,” Ramdev told reporters after he was discharged from the hospital.

Swami Nigamananda’s followers have asked for a CBI probe into his death alleging that he was poisoned.

The adharma of politicians: Joginder Singh in The Pioneer

June 13, 2011   10:52:12 AM

Joginder Singh

Whenever politicians are caught with their hand in the till they cry foul and claim innocence. M Karunanidhi’s defence of Kanimozhi demonstrates this point.

The paterfamilias of the first family of the DMK which was routed in the recent Assembly election, has said that his daughter Kanimozhi, a Rajya Sabha MP who is in jail for her alleged role in the 2G Spectrum scandal, has been imprisoned “either because of an instruction from the Centre or due to the negligence of the Centre”. Earlier, Mr M Karunanidhi, had also said that “bad friendship” would end in trouble.

According to the CBI’s chargesheet, Kanimozhi was arrested along with the managing director of Kalaignar TV for allegedly receiving `200 crore in the 2G Spectrum allocation scam. Mr Karunanidhi, however, claimed that the investigating agency had arrested his daughter as it needed someone to take the blame.

Having seen the CBI work from close quarters, I know for a fact that whenever a politician involved in a scam or a scandal is arrested, the standard response is that he or she has been falsely implicated and that it is a part of vendetta against an innocent person. I have also noticed that politicians and the truth rarely go hand-in-hand. Moreover, if the politician has held a position of power, his or her approach has generally been to loot as much as possible as if there is no tomorrow and he or she would never be held accountable.

In this context, I am reminded of a dialogue between dharma and the eldest Pandav brother, Yudhisthir. dharma asked Yudhisthir, “What is the biggest wonder of the world?” Yudhisthir replied, “The biggest wonder of the world is that people should see others dying and still somehow believe that death will bypass them.” In other words, people tend to forget that nature too works along Newton’s Third Principle: For every action, there is an equal and opposite reaction.

In the name of coalition dharma, partners in a coalition tend to become law unto themselves. Minority partners hold the majority party at gunpoint and the latter conveniently looks away so that they may all continue to remain in power. Yet, no dharma permits such adharma that allows the evil of corruption to thrive. In our country, the laws have been so framed that any investigation may be strangled by the Government at any step.

For example, according to the CVC Act the CBI cannot start any investigation against any officer of the level of Joint Secretary and above, which would include Ministers, without the Government’s sanction that can come only after the matter has been investigated. Thus, the CBI or any anti-corruption agency is left to deal with peons and clerks or junior officials at best, when everybody knows that the rot starts at the top.

The UPA Government went all out to save former Telecommunications Minister A Raja for nearly14 months, till such time the Supreme Court took over the monitoring of investigations into the 2G Spectrum scam. Only after that was A Raja arrested and a case registered against him. Three months later, Kanimozhi was also put behind bars. Now, the politicians are making a fine distinction between what is moral and what is legal as a subterfuge to escape punishment for their crimes. The Government, of course, is still doing its best to save the thieves and robbers, especially if they happen to belong to the ruling alliance. The only barrier that stands in its way is the judiciary.

This is not the case only in India; it is the same the world over. The famous American journalist Frank I Cobb once said about the US what is now equally applicable to India: “If the author of the Declaration of Independence were to utter such a sentiment today, the Post Office Department could exclude him from the mail, grand juries could indict him for sedition and criminal syndicalism, legislative committees could seize his private papers … and United States Senators would be clamouring for his deportation that he… should be sent back to live with the rest of the terrorists.”

The system today continues to be unjust to the masses with the result that people with lots of money and the ability to afford expensive lawyers often go unpunished. Regarding the Government’s indifference to the criminal justice system, the Supreme Court recently said, “The criminal justice system has been destroyed by the Government. They are not providing (adequate) funds to the police and the courts.” The observation only proves that the Government has actually done more than enough to bail out criminals, contrary to what Mr Karunanidhi would like to believe.

Moreover, by ensuring that the CBI remains under-staffed and hamstrung, the Government has significantly weakened its main anti-corruption agency as well. According to the CBI’s data, some 915 posts at the executive officers level — these include positions for Inspectors, Sub-Inspectors, Deputy Superintendents of Police, Superintendents of Police, Deputy Inspectors-General, Additional and Special Directors, Law Officers — are currently vacant. Hence, Mr Karunanidhi’s charge that the Union Government has not done enough to save his daughter does not stand up to scrutiny.

The only reason why Kanimozhi is in jail is because her case is being directly monitored by the Supreme Court. Once a case comes under the scrutiny of the judiciary, the Government has no say and cannot even direct the CBI. However, the abuse and misuse of the police and other law enforcement agencies will continue unless they are given a constitutional status. But we can only dream about such things since no politician would like to place a noose around his or her own neck. The State Governments have not even implemented the September 2006 directives of the Supreme Court for minimum reforms within the police department.

Mr Karunanidhi’s statements thus reflect the mindset of today’s politicians who, like our erstwhile colonial rulers, are habituated to using the police as puppets to implement their wishes as was evident during the eviction of Baba Ramdev and his supporters from Delhi — they had gathered to protest against corruption and press their demand that the Government should bring back the black money stashed in safe havens abroad.

It is a fact that fighting corruption has never been on the agenda of any political party. Though there are some honest politicians, most others use black money to fund their election campaign. This is done with the explicit help of the Government. Therefore, it is the Government’s duty to ensure that everyone declares their source of income. But perhaps it is never going to happen. So anybody who leads a movement against black money and corruption would be doing a signal service.

Many people say that democracy does not work. Of course it works. But we are the ones who have to make it work.

http://www.dailypioneer.com/345368/The-adharma-of-politicians.html

Government should resign, says Shanti Bhushan

NDTV Correspondent, Updated: June 05, 2011 07:18 IST
New Delhi: The fragile coalition between civil society activists and the government has come completely undone over yoga icon Baba Ramdev’s eviction and police action against thousands of his supporters late last night in Delhi.

“The government should resign and a caretaker government should take over,” said Shanti Bhushan, a leader of the activists who have united in recent months under an organization called India Against Corruption. The goal of these non-elected representatives is to push the government to take major new steps in tackling the systematic corruption that has been exposed through a series of scandals.

Mr Ramdev was on an indefinite hunger strike at a public ground. His movement against corruption had drawn nearly 75000 people to the venue.

After negotiations between the Baba and the government exploded into accusations of lying and cheating by both sides, the police evicted the Baba. As his supporters tried to hide him and protect him with a human cordon, a lathicharge and teargas was used by the police. The Baba was finally located and driven away.
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Accusing the government of excesses comparable to the Emergency declared by Indira Gandhi, Mr Bhushan said that while he does not necessarily agree with how Mr Ramdev has conducted his negotations with the government, there is no justification for how the Baba’s largely-peaceful demonstration was ended last night.

Mr Bhushan is a close ally of Anna Hazare, the Gandhian who shook the government in April with a nearly week-long hunger strike. Mr Hazare, backed publicly by lakhs of middle class supporters, got his way. The government accepted that a new bill to tackle corruption-the Lokpal Bill-would be presented to parliament by the end of June. More importantly, the government agreed that five activists including Mr Hazare and Mr Bhushan would be included in a committee that would draft this bill. Mr Bhushan was made co-chairman of the committee, along with the government’s senior-most minister, Pranab Mukherjee.

The partnership of ministers and activists has been a complicated one. Just last week, the activists on the committee said the government seemed bent on introducing a weak law that was designed to fail in combating corruption.

Mr Ramdev’s hunger strike was seen by critics as an attempt to project himself as a bigger mass leader-one who would eclipse Mr Hazare, who enjoys expansive goodwill among the people.

Read more at: http://www.ndtv.com/article/india/government-should-resign-says-shanti-bhushan-110209?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ndtv%2FLsgd+%28NDTV+News+-+India%29&cp

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