Force, the only remedy to set right incorrigibles!

The last week was unique in many ways. The iconic Rama Navami, the birth anniversary of Lord Ram was celebrated with gaiety and enthusiasm on April 10 while on April 14 the nation proudly celebrated the birth anniversary of Dr B R Ambedkar, one of the main architects of the Constitution of India. Earlier, on April 5 the birth anniversary of Babu Jagjivan Ram was also celebrated throughout the country. The week-end witnessed celebrations of birth anniversaries of Bhagwan Mahavir and Lord Hanuman.

Lord Ram is an epitome of universal love, tolerance, velour, while Lord Hanuman, considered to be immortal represents the virtues like courage, discipline, obedience and generosity, Bhagwan Mahavir, a beacon light of Jains has been worshipped for his qualities of non-violence, peace and tolerance. Dr Ambedkar and Babu Jagjivan Ram have earned reputation as icons of the unprivileged and suffering lots.

All these great personalities are precious jewels of Bharat and every one of us should be proud of them. The concept of secularism enshrined in the Constitution is not just a liability of the majority Hindus, but it is a priceless nectar of our very existence as a nation. The fundamental rights codified in the Constitution is just an attempt to reassure the minorities including the Muslims that they too, have enough religious freedom. Nobody even in his wildest dream thought that this assurance of freedom to practice a religion along with right of expression would be curtailed to monopolise by the few falsely masquerading as a minority.

The history since Independence and even during the British Raj has been replete with the instances of Muslims indulging in rioting, mass killings, burning of public and private properties etc; under the pretext of provocation by the majority community, called the Hindu. Notably other minorities such as, Sikhs, Jains, Christians, Buddhists and Parsis have no issue, but only the incorrigible fanatic elements among Muslims have. The reasons quite known to everyone are; right from pampering by the successive rulers to wrong indoctrination through teachings of Islam to shameful pride in accepting the rapist foreign Muslim invaders as their forefathers and last but not the least, the false sense of superiority and security from their supporters from within and out of the country.

Indeed, such elements are savage and incorrigible. No goody-goody talks would bring them to senses. Therefore, the only effective way to set such fanatic elements is to hammer them heavily and mercilessly.

KERALA HC ON POWERS OF FAMILY COURT

In a judgment having far reaching consequences, a division bench comprising Justice A Muhamed Mustaque and Justice Sophy Thomas of the Kerala High Court has recently held that the master of the proceedings before the Family Court is the presiding officer of the said court and not the parties, hence it is competent to undertake any enquiry to find the truth.

Delivering the verdict in T Anjana Vs J A Jayesh Jayaram the high court relied upon Nisha Haneefa's case wherein the apex court had observed that if the Family Court is of the view that the opposite party would be affected or impacted, consequent upon not pressing the petition, it shall proceed with the case to find out the truth.

HAWKERS MUST FOLLOW THE HAWKING POLICY: SC

In a case titled, Madan Lal vs NDMC & Anr decided recently the bench of Justice M R Shah and Justice B V Nagarathna has held that any hawker can be permitted to hawk in the market only as per the hawking policy and not against the same.

Adding that a hawker has no right to insist that he may be permitted to keep his goods and wares at the place where he is hawking overnight, the apex court directed the concerned authority to act as per the hawking policy while dismissing the Special Leave Petition.

ARBITRATOR MUST PASS AWARD WITHIN LIMITATION : TS-HC

In an important judgment dealing with the arbitral award , a division bench comprising Justice P Naveen Rao and Justice Dr G Radha Rani of the Telangana High Court has held that the provisions pf Section 29 A of the Arbitration and Conciliation Act, 1996 are cast in mandatory terms and the mandate of the arbitrator terminates under Section 29 A after the expiry of the prescribed period, making the arbitrator functus –officio and the award passed by him a nullity.

Delivering the verdict in a Civil Revision Petition on April 8 in Roop Singh Bhatty and others Vs Shriram City Union Finance Limited, the court held that the award passed by the arbitrators was a nullity and was void ab initio .Since, the award did not exist in law, no question of its enforcement could arise.

ACQUITTALS DUE TO LACK OF EVIDENCE

In classic examples of half-baked investigation and poor prosecution, the last week witnessed at least two acquittals in high profile cases.

The first, in Delhi a court on April 13 acquitted former Aam Aadmi Party Councillor Tahir Hussain of all charges in a 2015 case related to the defacement of public property, after he had allegedly put up a board wishing people a Happy New Year.

Chief Metropolitan Magistrate Arun Kumar Garg came down heavily on the prosecution and said that there was not even an iota of evidence to prove that the board/hoarding was either installed by Hussain or that the same was installed at his instance or for his benefit.

In the second case, in Hyderabad the Special Court for the trial of MPs-MLAs acquitted AIMM MLA Akbaruddin Owaisi against whom two criminal cases were registered by the police alleging hate speeches.

The court observed that the prosecution had failed to prove the case since the evidence produced in the court was not sufficient.

While the courts have their own procedure to follow, it is also a fact that the law-abiding citizens pin high hopes on the police and the courts for seeking justice. If the people do not get the justice because of lethargy, inefficiency or deliberate act of the police to cover up a criminal, then in the long run, trust in the prosecuting agencies will be eroded, leading to the disastrous situation.