Pakistani Flags Waving on the College Campus of Communist Ruled Kerala

By: Parmanand Pandey, Advocate, Supreme Court (Secretary General IPC)

Waving of Pakistani flags on the campus of Silver College Perembra in Kozhikode District of Kerala on the last Thursday (as reported in the Dawn newspaper of Pakistan on 2nd September 2019) during the election campaigning of the students’ union is not only deplorable but highly disturbing. The students are reported to be the members of the Muslim Student Front (MSF), who cocked the snook to the authorities by fluttering the Pakistani flags. It demonstrates the audacity of anti-nationals, who have got no fear for the law of the land. This also bespeaks of their infidelity towards the country they live in and loyalty towards the enemy country.

This is like a déjà vu as it is a familiar scene in Kerala and some Muslim dominated parts of Bihar. During the campaigning of Rahul Gandhi, the Pakistani flags were flashed at many places in his Wayanad Parliamentary Constituency. Perhaps this was the reason that when Rahul Gandhi along with some other rootless opposition leaders tried to go to Kashmir to, allegedly, assess the situation in the valley after the revocation of Article 370, the Union Minister Prakash Javadekar termed his visit as the ‘Wayanad effect’. Wayanad has now come to be symbolised as the ‘anti-India and pro- Pakistan’ place.

The appeasement policy of the Congress and Communist Party (Marxist) towards the Muslim minorities has mainly been responsible for encouraging the anti-nationals to raise their heads. Successive governments in Kerala have failed to crush and defang such elements. Rahul Gandhi’s love for media freedom is totally phoney. The Kashmir valley is plagued with the so-called civil curfew imposed by the terrorists for the last more than thirty-five years and the media freedom used to be sent to gallows by them even at the drop of the hat. And then in those days, nobody from the Congress or other parties were seen anywhere in the valley to protest such curb on media by the terrorists, a la civil curfew.

This is for the first time that after three weeks of the communication lockdown of the valley, not even a single person has been killed by the security forces. Therefore, the security forces deserve all kudos from people of the country. The gheraos and beatings of the security personnel by the stone pelters and the anti-social elements on the streets of Srinagar remind us of a very pathetic sight, which was a routine thing before the de-fanging of Article 370. The hands of the Indian security forces were kept tight and all sorts of humiliations and indignities were being heaped on them, but they were ordered not to retaliate even in their self-defence. It was a miserable situation for the security forces, which were armed to the teeth but were ordered not to take the required action against the sympathizers of terrorists even if they were mobbed and assaulted by these criminals.

It was nothing but a joke with the security forces. It reached the peak and the crescendo at a time when the anti-nationals made an uproar over the tying of a stone pelter by an army Major Gogoi to the bonnet of his Jeep and thus saving the lives of many innocent persons.

Hopefully, Pinarayi Vijayan’s government will take stringent action against such persons – who are Pakistanis in heart and Indians only in name – and who masquerade as the students in different Universities and Colleges in Kerala.

“Open Defecation” in Rural India: Needs to be Re-discovered by World

By: Parmanand Pandey, Advocate, Supreme Court (Secretary General IPC)

By campaigning and providing the toilet facility to every household across the country, particularly in remote rural areas, Prime Minister Narendra Modi has won the admiration and laurels throughout the world. By all means, it was a Himalayan task, which he has got successfully achieved and got his name indelibly imprinted in history as a social reformer and remarkable achiever.  No doubt, by solving this gigantic problem he has shown that honest perseverance can work wonders. India is a country of nearly 135 crore people. There are nearly 40 crore families. Out of it, nearly 25 crore families did not have the toilet facilities until recently. The number of such families has been very high in the rural areas because there has not been any concept of having a toilet in the house.

Here is a factual anecdote. The late Dr S Gopal, the son of Dr S. Radhakrishnan, who was the former President of India has written in his biography that on becoming the President, he invited some 31 Brahmins from Tamil Nadu to perform a Pooja in the Rashtrapati Bhawan. Those Brahmins were put up in the Ashoka Hotel, which was considered to be the best hotel in Delhi in those days. The Brahmins were very happy to find clean and well done up rooms but when they saw, to their horror, that there was a toilet in every room, they immediately came out from their rooms in protest and sat in the lobby of the hotel. The officials and the manager of the hotel got panicked and they wanted to know whether they faced any problems in their rooms. If there were any problems they would be solved immediately but Brahmins told them that they did not have any problems as such with the rooms but they had problems with the attached toilets as it was unthinkable for them to have toilets in their rooms.

More or less, the same concept has also been prevailing in the rural areas of India for thousands of years. People there have been going for open defecation and there was no shame or hesitation involved in it. Women have also been going in herds in open fields and they have been chatting, interacting among themselves to know the problems, difficulties, joys and sorrows of one another. This way they have been keeping themselves updated by sharing their own feelings and needs of others and, if necessary, extending their hands of help in solving the problems of others.

Be that as it may, the other day a senior Advocate Shri Shreepal Singh made an enlightened observation in the Library 1 of the Supreme Court, which although we all know, yet never thought over it from that angle. He said that the toilet facility to every household is certainly a good initiative and achievement of the Prime Minister, but it should be used only in emergencies. He told that there is another angle also at looking at the practice of open defecation in rural India. He pointed out that there are many advantages of going for the open defecation. Of course, it would need a bit new insightful innovation and adaption suitable to 21st century. The first and foremost is, that solid waste (stool) and human urine is good organic manure, very necessary for the health and fertility of the soil. These days organic manures like composts and animal dungs have become very costly. Therefore, we should not allow this rich natural manure to go down the drains. The agricultural land in India is being pumped in of artificial fertilizers – like Urea, Sulphate, Nitrogen et al – consistantly for many decades and as the result of overexploitation of soil nutrients has become almost barran. To regain its former health, this land needs replenishment of organic manure. The human waste (stool) is the best – perhaps, the ultimate one – manure for this purpose.

The second advantage of re-discovering and adopting this practice of open defecation, at least in rural areas and at places where green areas with trees and plants are available, is most revealing. We all are aware that the human waste (stool) going down the drains needs to find an outlet, most often rivers or such other water bodies. Rivers are now a days polluted almost beyond redemption, because untreated sewage is released into these rivers. Now with the scientific knowledge and hygenic awareness, we are making efforts to put in place intercepting affuent treatment plants before the human generated waste is flown in the running rivers. Indian courts too are trying to enforce this requirement as a mendatory condition to allow release of sewage into rivers. All these technological solutions need an investment in machines, electricity and manpower. This human generated waste (sewage) management problem can be solved – at least to some extent (remember India has 1.3 billion human beings living here) – without an investment into that new technology of interceting affluent treatment plants.

The third is, that men and women, particularly women, get the opportunity to move out of their houses which is good for their health because, under the pretext of going to the fields, they walk to their fields and come to know about the state of the crops to be produced.

The fourth is, that it provides a good opportunity for men and women both but particularly to women to interact with other women and know whereabouts of others. This is not their virtual contact but face to face contact, which gives satisfaction and feelings of higher levels.

The last but the most important advantage is, a family of four or five persons will have to spend not less than 100 to 150 litres of water every day in the toilets in flushing and cleaning but if they go in the open fields they can easily save at least 100 litres of water. Water is one of the most valuable things in the present circumstances. The country is facing acute water scarcity and if the water is allowed to be so wasted, the scarcity will further grow, and it will be very difficult to meet with requirements.

Apart from it, there are many more expenses which are involved in maintaining the toilets in the houses. Therefore, open defecation should not be discouraged in the rural areas and the people must be asked to use the water judicially and as minimum as possible. This will help save water, increase the fertility of the soil and above all will afford the opportunity of exchanging pleasantries and difficulties of the fellow villagers.

It is difficult to disagree with the senior Advocate Shreepal Singh in the light of the advantages he has very succinctly enumerated and explained. Although in this age and time this practice may be considered to be the sign of backwardness. However, even at the risk of sailing against the wind, his views are worth consideration and application without compromising, in any way, the dignity and honour of the people, especially the women.

Uighur Muslims and Duplicity of Islamic Countries / NYT, WaPo

By: Parmanand Pandey, Advocate, Supreme Court (Secretary General IPC)

‘Democracy dies in darkness’ is the motto of the Washington Post. But it believes more in misinformation than disseminating objective information.  That is why it is considered to be one of the most notorious newspapers in the world. It is more of an opinion paper with lengthy reports than a newspaper. The main intent of this newspaper and the New York Times, which is still available in print has the logo of ‘All the News that is Fit to Print’, is to create an atmosphere of destabilisation across the world by inserting the cock and bull stories. NYT is nicknamed as the ‘Gray Lady’ like our Times of India, which is nicknamed as the ‘Old Lady of Boribunder’.

What is, however, very intriguing is that Washington, i.e. the US government, gives more importance and reliance to NYT and WaPo (this is how the Washington Post is generally known) than to its own sources and governmental paraphernalia. It is now no secret that the US government is doing what it can do to fight the world-wide menace of Muslim religious terrorism, notwithstanding the fact that the US newspapers like NYT and WoPo show their duplicity over this issue in the name of highlighting the human rights of Chinese Uigar Muslims. There are many kinds of duplicity in this world: one is of such newspapers towards the problem of Uighur Muslims and terrorism thriving there; another is of the attitude of Islamic countries towards these Uighur Muslims and their treatment by the Chinese government.

These newspapers take exception to the Chinese efforts to educate adult radical Uigar Muslims and to provide a safe upbringing of their young children solely aimed at curbing and curing this disease of religious terrorism – albeit in its peculiar Chinese fashion (of a dictatorial regime). The Uighar Muslims with a radical bent of mind are not killed by the Chinese government for their wayward criminal mentality but are only subjected to a secular program of re-education. There are only two ways to get rid this world of the religious terrorism menace: either to punish them by confining them in prison for life or re-educating them. China is following the better course of re-education.

On the issue of Uighur Muslims, the reports of these newspapers and the BBC have been dismissed with contempt by the Chinese government. Hardly a month back the WaPo created an atmosphere of hatred and calumny against India’s democratic setup by publishing many fake stories like asserting that minorities are not safe in India. The fact, on the other hand, is that nowhere in the world minorities are safer as they are in India. Even in highly liberal societies like those of the United States of America, Canada, Australia and New Zealand, Germany and France etc, minorities find themselves highly vulnerable. In these countries, there is only one civil law which has to be followed by all regardless of his or her belonging to any community. Contrast it with India and one finds that there are separate laws meant for minorities in the country which often create a big hurdle in the assimilation of minorities with the majority community.

 There is one country China which is impervious to the criticism of highly biased NYT, WaPo or grotesque reports of the BBC. These days these newspapers appear to take up the cudgel on behalf of the Uighur Muslims of China. They live in Xinjiang province, which is close to Turkmenistan. Lakhs of Muslim young boys and girls have been removed and separated from their families to be trained to the modern education of science, technology, dance and music so that they can earn their livelihood with self-respect and become an integral part of China. They have so far been denied of being educated in modern subjects of civilized life; they simply have been educated in the most obscurantist manner in radical Madarsas. Now the Chinese government is snatching Koran from their hands so that they are saved from a poisonous teaching of waging Jihadi violence, live a peaceful civilized life and learn about computer and other gadgets. What conceivable objections could these NYT and WaPo etc. have against these Chinese efforts to cure the ill of religious violence and terrorism? None. Do such so-called newspapers (in reality, opinion makers) have any better way or plan to cure this terrorist menace? None.

It may not be out of place to mention here that China does not allow the Uighur Muslims to offer Namaz for five times a day. These Muslims cannot construct the Mosques in the form and style and architecture of the Mosques of the other countries of the world. This highhandedness, of the Chinese Government against the Uighur Muslims may not be liked by the people of the world but it is certainly in the interests of the Uighur Muslims that they are trained in factories and other establishments, which can make them stand -up on their own feet.

Why no Muslim Country of the world including Saudi Arabia, Iran, Iraq, Afghanistan and Pakistan has made even a murmur of protest, against the steps taken by the Chinese Government for assimilation of Uighur Muslims with the mainstream of China? This is the height of duplicity of Islamic countries. Imagine if it had happened in India, what would have been the consequences? The liberal lobby in India, which unabashedly behaves like ‘fifth columnists’ would have created hell of the problems for the Indian government. There are at least a few lady journalists of India, who write regularly for the Washington Post, but have also not spoken a word against the human rights violations in China. Again, even if a fragment of it had happened in India, there would have been candle marches in different places of the country. But shockingly, today their mouths are shut because they can shout only against India and not against China. Pakistan is heavily dependent on China for military weapons, trade and commerce and for the generous monetary aid and assistance.

 Pakistan has, although, been claiming to be the champion of the Islamic cause but when it comes to China, it puts its tails between its proverbial legs to run away from reality. The Talibani Afghans and Syrians of Muslim Brotherhood brand, who are the breeders of terrorism with the funds received from Saudi Arabia shiver in their pants while speaking anything against China. All Muslim countries are cool as a cucumber because Islam is not in danger for them if they are beaten mercilessly by China. On the other hand, more than seven to eight crore Bangladeshi Muslims and Rohingyas have crossed over to India and they have been settling down in places as far as Kerala and Kashmir with the active patronage of the administration. If anybody talks about the extradition of these illegal migrants to the countries of their citizenship he or she is immediately branded as insensitive and inhuman.

If Bhartiya Janata Party’s government headed by Narendra Modi does not take effective measures to push the illegal Bangladeshis and Rohingyas to their own countries, then it should have no objection in being called a timid and coward. This government has come to power on the assurance to the people that in the interest of the nation it will not bat even an eyelid in throwing the illegal foreigners from its own land. Here on this issue, the Indian government can take a cue from China, which has set an example in dealing with the problems of national interests.

     India can also learn from her (China) for the rapid industrialisation, population control and assimilation of the population with the mainstream. Our government should not be touchy and sensitive to the prejudiced, devious and obnoxious viewpoints of the newspapers like New York Times, Washington Post and the BBC, which vie with each other in creating public opinion across the world for fomenting instability in India.

The most shocking and surprising is that Washington Post and New York Times and the BBC do not make hullabaloo in favour of Dalai Lama and his government in exile, which Tibetans have been fighting against their oppression for more than sixty years. Lakhs of Tibetans are living in different parts of the world, most of them are in India. but they have been condemned to live as the most neglected human beings by the so-called savours of democracy. This is the height of the duplicity of the western countries.

Campaign for Corruption-free Media

Parmanand Pandey, Advocate, Supreme Court (Secretary General IPC)

‘Unity-in-corruption’ among journalists is not a new phenomenon but now it is witnessed on an unprecedented scale. It is seen that the journalists in India are vulnerable, weak and conceptually dull and bleak. They do not join journalism because they are fired with any zeal, but they come to the profession because either somebody has facilitated their entry or they do not have any scope anywhere in any other area and then somehow sneak into it. This is the reason that sycophancy of the worst form is found in the profession. Some journalists fawn on their political masters, proprietors or those who are in a position to oblige them in different forms and ways. Most of the journalists become self-seekers in over a period of time.

This is an open secret that most of the politicians, bureaucrats and media house owners use these journalists as their agents to get their works done and in return, they award them with petty gains. Bahadur Shah Zafar Marg of New Delhi is known as the Fleet Street of London because of the concentration of newspaper offices here. However, of late, it has changed. The office space for the newspapers was given at a ridiculously low and throwaway price but all newspaper proprietors have been making money with the gross misuse of the so-called freedom of the press. No government takes action against them because they make hullabaloo of the freedom of speech and expression.

The late Ramnath Goenka of the Indian Express was a classical blackmailer and he used to employ wily and crooked journalists to beat his drums. He used to openly blackmail ministers and the judges of the higher judiciary and the so-called big journalists used to dance at his tunes without any qualms and compunctions of their conscience. I have seen a journalist who, now no more, was the editor of the Hindi newspaper of the Indian Express group and he used to get excited at the call of that fraud Ramnath Goenka. Once it so happened that he himself prepared news on the basis of a report of a meeting between Vishwanath Pratap Singh, a conspirator against Rajiv Gandhi and Chaudhari Devi Lal, a Jat leader of Haryana. He wanted that news to be taken as a lead story but I as the Chief-Sub-Editor put that news item on page five in a double column space. Next day he came and started shouting in the newsroom and shamelessly disclosed that the item was prepared at the instance of RNG (Ram Nath Goenka). I found that all nincompoop journalists were nodding in his support. I silenced him by shouting more loudly, which was witnessed by many journalists; some of them are still around us.

Thereafter, there was a strike in the Indian Express and I was the leader of the strike. Meetings were held at the Sundar Nagar Guest House of the Indian Express. RNG put a condition that the President of the Union, who was an outsider, would not participate in the negotiations and then I told his General Manager that ‘no editor from the Indian Express Group’ would come near the negotiating table. RNG wanted a polemicist editor, who later manipulated to become a cabinet minister in the Vajpayee government, to join the negotiation but due to a firm ‘no’ from the Union, he was kept out.

Now when I find that a large number of journalists lining up in support of Pranoy Roy and his wife Radhika Roy, the owners of the NDTV, whose stories of corruption, blackmailing, spying and money laundering are stinking to the high heaven, I am not shocked. But what certainly shocks me is that they do it in the name of the freedom of the press. Luckily, the people of India have also become very conscious about such gimmicks of these dishonest media persons and they do not allow themselves to be trapped by the ingenuity of such journalists, who unabashedly support their proprietors to remain in employment.

The governments of the states as well as at the centre will be doing a great service to the country by ensuring that all the corrupt deeds of media house owners would be brought forth and stern actions would be taken against them.

An honest and corruption free media is the strength of democracy; it is a prerequisite of sound and vibrant democracy. Dishonest and corrupt media is like termites, which make the pillars of democracy hollow. The servants / journalists would do well by keeping themselves away from such proprietors like; Pranoy Rao and Radhika Roy, who have indulged into the daylight crime of corruption, loot, plundering and stashing away of money of poor Indians in foreign countries for their own enrichment.

Promotion of Sanskrit Language by U. P. Govt.

By: Parmanand Pandey, Advocate, Supreme Court (Secretary General IPC)

Yogi Adityanath Government of Uttar Pradesh has taken a very bold, timely and laudable decision of issuing state government’s Press Releases in Sanskrit also. This step should have been taken long back by the previous governments, but anyway, it is always better late than never. Sanskrit is in the DNA of all Indian languages and it gives a feeling of ‘beingness’ to all Indians.

There is no dearth of such people, who take perverted pleasure in criticising any such action which fills the heart of every Indian with the sense of pride. How strange it is that we have the centres of learning of Sanskrit in the Banaras Hindu University and Sampurnanand Sanskrit Vishwavidyalaya of Varanasi, but they have now become arid because sources of modern Sanskrit learning have almost been kept dry. The less said about the condition of universities in Uttar Pradesh, is better. It has become so pathetic that it is difficult to find even the sparks of learning among the teachers and students as well. Faculties of almost all universities are stuffed with dunes and duffers, who do not qualify to be called even mediocre. In such circumstances, one can nurse to have some hopes from Sanskrit only. Many Sanskrit graduates (Shastri) and Postgraduates (Acharyas) are although well-versed in the language but for want of enough opportunities, they remain untouched with the modern developments like the construction of the syntaxes of the language, although rich resources for such learning are readily available in ancient Sanskrit taxts, like Astadhyayi of Panini.

It is a matter of common knowledge that the more the Sanskrit is enriched, the more will be good for all other Indian languages. Sanskrit is the language of science and technology, medicine, agriculture, horticulture, arts, literature, law and music etc. The vocabulary of Sanskrit is so vast and rich that it can export exact and proper terms for all streams of learning. As for the language of communication is concerned Hindi is certainly far ahead of others but it is inadequate for the education of science, commerce, law and engineering etc. No offence is intended in saying that one can only write poems, novels, stories, essays and journalistic reports with the help Urdu or Urdu mixed Hindi but cannot help develop the learning of scientific ( medical and engineering etc,), legal, commercial language required for higher education in any of the aforementioned streams. Therefore, the decision of Yogi Government for the promotion of Sanskrit language is to be welcomed by one and all.

There are some people, who suffer from the disease called chronic cynicism, deep depression and pathological hatred for anything which is done for the revival of Sanskrit. They forget that Sanskrit has survived in India for thousands of years without any patronage but because of the utility of its rich lexicon and grammar to be used in the astrology, mathematics and science, culture and religion etc.

There has to be a strong will to make a language strong. We have a burning example of the Hebrew language, which was considered to be a dead language. But now due to the grit and determination of the Jews, particularly after Israel came into existence, Hebrew has become a thriving and a vibrant language. Jews from all over the world, who came to live in Israel, decided that they would revive their own language Hebrew; and true to their determination they have proved to be right. Even those who went from India from places like Manipur and Mumbai to settle down in Israel after tracing their history of being Jews, they have also go themselves fully assimilated with Jews of Israel coming other countries. Their religion and the Hebrew language have worked as the biggest cementing force among them. Anyway, Sanskrit needs to be encouraged as it is inalienably linked to the cultures of India.

Here is a tailpiece. It is said that Muslims of Malihabad of Lucknow have also their origin in Judaism. They were persecuted by Islamists and then fled to India to save their lives but ultimately they were made to convert to Islam. Now, it is heard, that some of them are raring to go back to their ancient roots.

Prashant Kanojia, Journalism and Character Assassination

By: Parmanand Pandey, Advocate, Supreme Court (Secretary General IPC)

Credibility is the soul of journalism. Crisis of credibility is bound to put journalism in great peril. The journalism in India, as elsewhere, is undergoing metamorphosis, thanks mainly to the explosion of social, digital and electronic media. Recently two cases relating to freedom of speech and expression and personal liberty of individuals have come up to the Supreme Court. The first one was of Priyanka Sharma, a BJP Yuva Morcha Leader, who was arrested on May 10 by the West Bengal Police under section 500 (defamation) of the IPC and other provisions of the Information Technology Act on the complaint of a local Trinamool Congress leader, Bibhash Azra because she had re-twitted a meme about Mamta  Banerjee, the Chief Minister of West Bengal. The Supreme Court granted her the relief of bail firstly; with the direction that she would apologise for re-tweeting but subsequently on her application the order to apologise was waived.

There was, however, another case of arrest of one social media activist Prashant Kanojia by the Uttar Pradesh police, which though dissimilar from the earlier case, has drawn nation-wide attention for two reasons. Firstly; the social media journalist made a video of a woman, outside the house of the UP-Chief Minister Yogi Adityanath detailing her love affairs and secondly; the mainstream media lapped up this matter, which  was projected as a sex scandal involving the high constitutional authority of the state. More so, because Yogi is a celibate Sanyasi, so it became a hot cake for selling. In both cases the Supreme Court has given more importance to Article 21 than Article 19(1) and (2) of the Constitution of India.

Here the vital question arises that if journalists themselves do not come forward to stoutly protect the core of journalism i.e. objectivity and impartiality then who in the public will fight for their cause? There is no doubt, that the life and the liberty of any individual are the cornerstones of the fundamental rights as enshrined in the Constitution of India as while Article 19(1)(a) of the Constitution provides that ‘all citizens shall have the right of the freedom of speech and expression’ but immediately thereafter, in the subsequent clause 19(2), the constitution imposes reasonable restrictions on this freedom. Needless to say, that the freedom of speech and expression (not the press or the media) is a very hard-earned one and therefore, it cannot be allowed to be frittered away by unscrupulous and irresponsible persons, who think that purveying the false, fake and unverifiable news will provide them instant stardom. They fail to realise that journalism is not a non-serious profession and the rights and responsibilities of journalists are inextricably attached to each other.

 Incidentally, both cases of Priyanka Sharma and Prashant Kanojia have been decided by the same bench of Justices Indira Banerjee and Ajay Rastogi in a span of less than one month. The bench, while passing the release order of Kanojia, observed that the arrest and remand were illegal, resulting in deprivation of personal liberty. Even though the UP Government submitted through Additional Solicitor General that arrest was necessary ‘to send a message’ that provocative tweets cannot be tolerated, the bench rejected it, choosing to bat for personal liberty.

    There are several tweets still available on the record of the social media forum Twitter by Kanojia from as early as December 2017, which prima facie were insulting gods, religious sentiments and community practices. Therefore, the ASG submitted to the court that the arrest was made for public mischief, and Section 505 IPC was added in the FIR later, but the bench was not convinced and said that though ‘we do not appreciate his tweet or post but how can he be put behind bars for that? The bench was not to be moved by these technical objections of the ASG and used Article 142 of the Constitution, which empowers the SC to do ‘complete justice’. ‘If there is glaring illegality, we cannot fold our hands and ask (the petitioner) to go to lower courts’, the bench said.

     It was pointed out by the petitioner, Jagisha Arora, the wife of the arrested Kanojia, that the arrest was made by policemen in plain civil clothes, without serving an arrest memo, and without telling her the reasons for arrest and therefore violated the mandatory procedure before arrest as laid down by the SC in D K Basu case. There was no transit remand obtained by UP Police for taking Kanojia from Delhi. He was not produced before the local Magistrate before taking him out of the State. The continued detention is therefore illegal. Apart from Kanojia, two more journalists have also been arrested by the UP Police over these comments. They are Ishika Singh and Anuj Shukla, channel head and editor respectively of a news channel Nation Live, which elaborately discussed the news in its programmes about a woman claiming to be having a relationship with the UP CM. Massive outrage poured in social media against the arrests. Even the Editors Guild of India, which normally remains a moribund organisation, issued a statement saying that the police action was high-handed and arbitrary, and amounts to an authoritarian misuse of laws.

 Although the woman in the video did not say that there was even any hint of love towards her by Yogi Adityanath. But she certainly tells that she is a divorcee and a highly depressed woman. She claimed that she had met Yogi sometimes at Gorakhpur to seek some assistance. So, the element of obscenity was deliberately brought in by him when Prashant Kanojia himself put his own tweet in Hindi tagged to the video of that woman, which reads “योगी जी, इश्क छुपाये नही छुपता (Yogi ji, if one wants to hide one’s (sexual) passion, one cannot.” What is Prashant Kanojia insinuating here? Is the woman in the video trying to hide her alleged sexual passion towards Yogi? No, she is rather displaying her passion (or इश्क) towards Yogi. Obviously, it is Yogi who is suggested by Kanojia to be trying to hide his passion (or इश्क) towards this lady. It is assassinating the character of Yogi by lowering down his image in the public gaze.  All sorts of people go to the Chief Minister’s residence, some sit on dharna, some demonstrate and some scream for the redressal of their grievances and journalists report them. Nevertheless, when it comes to the character of the Chief Minister, or for that matter anybody, journalists are expected to, and they usually verify the truth before publishing or disseminating by other sources. But in this case, the unverified the unedited version of the lady’s fulminations were telecast by an unknown T.V. channel and Mr. Kanojia also made it viral through his Facebook post. We would like to say, Mr. Prashant Kanojia, you cannot fritter away the credibility of journalism by adopting such cheap antics !

     It will be worth mentioning here that before the independence of the country, the journalism was considered to be more a ‘mission’ than a ‘profession’. Most of the journalists, working for the nationalist newspapers were expected to go to jails and work without any expectation for wages. Many of them had actually undergone jails and suffered excesses of the British Government. In those days there was no concept of objectivity. Journalists were supposed to be only fiercely nationalists. A large number of journalists were politicians as well as freedom fighters. Some of them, not in active politics, were furthering the cause of the freedom struggle by their writings. However, when India attained freedom it was realised by the top leadership of the country that the freedom of the press must be given primacy, but it should not be allowed to be errant and anarchic.

Article 19 and 21 of the Constitution is complete but are also intertwined to each other. Therefore, none of the articles can be jettisoned at the cost of the other. The Hon’ble Supreme Court though discussed the issue of only personal liberty but has completely glossed over Article 19 (2), which should have been dealt with in detail so as to strike a balance between both articles.

But more than the Supreme Court, it is the mainstream of the media that will have to come forward to ensure that in the name of freedom of speech and expression, blackmailing and perversity are not encouraged as that will be highly detrimental to the free, fair and independence of journalism. Freedom of speech and expression are two sides of the same coin. It is an oft-repeated saying that your liberty ends where my freedom begins. Here, in this case, Prashant Kanojia has not only transgressed his own limits of the freedom but has also badly damaged the image of the Uttar Pradesh’s Chief Minister Yogi Adityanath by forwarding the video. One often wonders, what was the ‘news’ in the video, which was made on the basis of the incoherent rantings of the lady?

Gandhi, Godse, Murder, Terrorism and Pragya Thakur

By: Parmanand Pandey, Advocate, Supreme Court (Sectetary General IPC)

Is it not strange that those who have been abusing in the filthiest language have today become the votaries of Gandhi in denouncing Sadhvi Pragya Thakur? She did not say anything about Gandhi. She only said that Godse was a nationalist. Nobody in his or her senses would justify the killing of Mahatma Gandhi. It was the most brutal cold blood, heinous and dastardly crime committed by Godse, which shocked the conscience of the entire nation. One might have had differences – even the most serious and the legitimate ones – with Gandhi but he had no right or justification to murder him.

This is no time – and no place here – to enumerate and discuss the bona fide mistakes that Gandhi might have committed and which might have prompted Godse to commit a henious crime of murder. We are on something else here.

Mahatma Gandhi was revered by the Hindus although he was hated in equal measure by the Muslims barring a few. M.A. Jinnah had declared him to be the leader of only Hindus and not of the Muslims of India. He had claimed the sole proprietary rights of the leadership of Muslims. It is very difficult to forget what Ali brothers had said about Gandhi – that any Muslim is better than him – although Gandhi foolishly fought along with them for the restoration of Khilafat in  Turkey. Surprisingly, a university has been established with the help of Mulayam Singh Yadav in Rampur in the name of that rabidly communal leader.

There is a difference between a ‘Murderer’ and a ‘Terrorist’. Godse was a murderer but not a terrorist. It is not necessary that a terrorist should be a nationalist. Even otherwise also, there is no concept of nationalism for all the varieties of terrorists that we have come to know so far in the course of history.

Nathuram Godse was, without doubt, a nationalist – a Patriot – but not a Terrorist. He was a killer for which he was tried and sent to gallows. The purpose of a killer is to kill a person because of certain reasons but the purpose of a terrorist is to create terror in the minds of the general public. Godse killed Mahatma Gandhi but he did not want to terrorise the general public. If one goes through the testimony of Godse during his trial in the Court of Shimla, there will be no doubt in the mind of anybody that he was a nationalist, though bigoted one. His aim was to protect Mother India at any cost. Since Mahatma Gandhi was largely responsible for the vivisection of the country into India and Pakistan and as, apart from it, he was very lenient towards Pakistan in giving many concessions to that country, Godse had a serious complaint against him. Mahatma Gandhi had even undertaken a fast to give Rs. 56 crores to Pakistan for the construction of its Capital.

Sadhvi Pragya Thakur has not justified the killing of Mahatma Gandhi by Nathuram Godse, she has simply said that he was/is and will continue to be a patriot. So, what is wrong in it?

The Communist Party of India was always opposed to Mahatma Gandhi but now communists are branding Sadhvi Pragya as a terrorist. Not long ago, the supporters of Kansiram and Mayawati had ransacked and vandalised the Samadhi of Mahatma Gandhi in Delhi and declared him to be the enemies of the Dalits. Ms Mayawati has been openly chiding Mahatma Gandhi in all her meetings by saying that Gandhi used to say ‘untouchables’ to the Harijans, then was he a son of Shaitan?

Abuses of Dr. Ambedkar for Gandhi are well known. He called Gandhi a cunning politician who did not do anything for Dalits. He even said, “People rever Gandhi as a saint but I know Gandhi as a person and he is crooked in his mind.”

Now when this Sannyasin has simply said that Godse’s patriotism could not be questioned, whole secular intelligensia and the opposition parties have risen up in arms. Lo and behold! A person like Digvijay Singh who coined the word Hindu Terrorism is also criticising her.

The people of India now know the doublespeak, duplicity and hypocrisy of these people and this is the reason that people of India have largely endorsed her statement that Godse was a Patriot, which she said in response to a blockheaded film actor, who described Godse as the first Hindu terrorist.

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