A swallow doesn’t make a summer! A Cunha doesn’t break the Cunning(s) !! We have been harangued for too long on Judicial Activism!! We have been dinned to boredom about Law being above Everyone !! I have tried very hard, and for too long, in vain, to understand these pompous statements before dumping it down as Vacuous Verbosity. The only thing that I have become acutely aware is that who harangues & who dins keeps ridiculously changing. The immediate agent provocateur for this observation is the Amma’s DA (disproportionate assets) Giga Giga Serial. And the serious question is, “Has the Judicial system really lived up to its hyped, and mostly not so fully corroborated and factual, role?” Before we attempt a conjecture to the above question (those impatient to read the “finely” crafted matter can directly scroll down to the conjecture !!), Let us become deaf to the bleating of AIADMK “cannon fodder” cadres (for it is nothing uncommon from those who are solely & critically dependent on their leader for existence). Let us for the moment ignore the massive manipulation in manufacturing “mass uprising” in TN (for we are too used to the wail of breakdown of law & order when an unwanted party rules a state). Let us, for the present, not fall prey to the “national” media dubbing these emotional outpour of the loyalists as sycophancy through a crafted opinion from “erudite & long time” political “observers” (for we shall not hastily retaliate and reduce their honest tear brimming, voice choked, prolonged TV coverage of a tattered screen cloth of Taj Hotel after 26/11 to “elites” methods of sophisticated sycophancy and we shall also not accuse that their, empathetic coverage of the innocents killed or of the killing in the crossfire of the serious police men was honestly overtaken with the shrill political capital fallout,or about TRP-rating-driven blurting about “counter” strategies by the same “elites” is sheer stupidity). Let us turn a conscious Nelson’s eye to the deliberate motives attributed to the Karanataka’s Court ( Special & High) Judgements (for we shall deem it as chosen to be extensively covered by some media). Let us also brush aside the media’s favourite sport of, recurring indulgence of continuous eulogising habits of certain “approved power vested”, law violating, criminals and the continuous “naming and shaming” of select recently “empowered” Judges, Lawyers, Bureaucrats, Media Men, Defence Personnel, Businessmen, Professionals and Politicians etc. (for we are too aware that their Machiavellian/ Chanakyan sting operations selectively will not be used on, & that their investigative journalism will be obviously oblivious to, the “approved power vested” criminals) . Let us also not dwell on the acquittals of “Godly” murderers or the “Neros who played fiddles” when programmed pogroms were orchestrated nor on the failure of some select people / govt not implementing the courts order. ( for it is too well known for such cases that material evidence will be unavailable or that witnesses will die or turn hostile and that in such selective cases circumstantial evidences or perceptions will not be used ) Let us also forgive the screaming demand of self regulation for media & judiciary and not conceding the same for others despite pouring evidences to the crippling crime committed by the above two ( for after all they are the noble souls, aristocratic thinkers and born superiors to the plebeians and their representatives) And Let us also let off all the etc etc, like the homams, prayers & appeals given as bribes to their Almighty by the ‘enabled’ poojaris, priests and maulavis for getting the Goddess of Justice out on bail from the clutches of motley Men for the imaginations (for we know people are indeed very creative n conjuring up interpretations) And now my conjecture : The Judicial system has been terribly lenient & lax in “framing” guiding laws or “supervising” the enthusiastic law makers who eagerly write unthought out & expedient provisions to oust the popular plebeians and the non conformist through law (We always happily celebrate electoral democracy because it does occasionally catapult chosen “well heeled” farmers / tea stall owners / tea sellers to top positions in power. And these laws are strictly for the others!!) Now look at what the content of the Jaya Amma’s DA case and the laboriously & meticulously written voluminous judgement says to understand the conjecture. It has concluded, what was popularly known to all those old timers born well ahead of 1991, that Amma has failed to account for the wealth amassed (valued at about Rs 53 crores) and the pomp shown during the then foster son’s wedding. ( why the media did not telecast these 24 x 7 for educating the social media ogglers and the mighty awareness “spread”ers ?) The case, which could have “easily” been “concluded in 3 months”, was allowed to be elastically stretched to 18 long years, through the ears of at least three judges, till one idiosyncratic character called Cunha gets catapulted to hear and conclude ( recall the role of democracy). Merit, meticulousness, concern for the law and care for the innocent at its best performance it would seem!! But alas look at the verdict. Punishment for a meagre 4 years after 18 (+5 years, because the loot took place during 1991 -1995, but permission was obtained for taking up the filing of the case in 1995 – And permission was given by the “great” Chenna Reddy and filed by the “only courageous long time maverick NOBLE” Swamy defeating the “other courageous busy political hobnobber & flip flopper, then suicide preferring, NOBLE” Cho ) long years of power, pelf, enjoyment as (the only) Peoples Chief Minister. And a pecuniary penalty of a paltry 100 crores. If the perception of Judicial activism & Mighty Long arm of Law were true, the following should have influenced the verdict: a) The said money of Rs 53 crores, in the hands of an able business man / avaricious middle class entrepreneur, would have easily doubled every three years ( Note that prices of properties purchased during the period in the localities mentioned were doubling in three to five years). Even assuming about five years per doubling this investment would have ballooned 16 times to Rs 848 crores equal to two MOMs in the hands of the efficient ISRO. b) Failure to pay Rs 100 crore is a mere additional one year ( The highest paid middle class IIM will hardly gets Rs 1 crore per year for his proverbial meritorious, emulatable,hard & honest work! So, One year in Prison looks too attractive an offer. And the media adulations showered on the “criminal” during the 18 long years is the cultural capital with this “minor” slur can be wiped off for the future powerful 40 to 50 year old youths. “Dharmathai soodhu kavvum” you see!) c) To what exemplary, bench marking, use should the confiscated property and disproportionate assets be put has gone unspecified. ( This would imply High decibel sloganeering “Corruption is worse than cancer”, “more severe than murder or rape”, “creates unsightly inequities”, “should be dealt by fast (sic) tracking ” etc will, in time, be buried as mere vacuous verbosity) Instead, if the verdict had been, say, the following: a) The accused should pay 848 crores to any premier institute (like ISRO) of repute, b) The land confiscated should be used for any non political activities of the Govt like for building Govt Institutes (like IISER, IIT, National Law Schools, AIIMS etc), c) The jewellery and other encashable wealth should be converted as a corpus in such institutes to pay for the empowerment of the first generation learner, d) The non-encashable assets (like the several hundreds of pairs of chappals) should be given to museums, e) The wealth and assets of all other abettors – judges & lawyers, even the exclusively brought from abroad ones, who dragged/drag the case, all the politicians who got elected under the criminal’s leadership, the bureaucrats who stood by the criminal and the media moghuls & editors who failed to keep their investigative sting pressure & focus on the case, the “spin”ners who eulogised things about the personality ( a la courageous) & personal characteristics ( a la rose colored fair skin) of the criminal instead of writing about the methods employed to loot, the businessmen who obtained contracts, licenses, consideration during the criminals entire tenure in power, and so many such others - and all those who are known to be their relatives , by birth or marriage, should also be confiscated for their “criminal” nexus in emaciating & mal nourishing the desire in the minds of the common man to have & maintain a purposeful, enabling governance, f) All These “criminals”, instead of being enclosed in an exclusive, luxuriously furnished enclaves called VIP cells, should be made to teach how not to “carelessly” loot and “stupidly” get caught in a water tight situation! Inefficient Machiavelli should be made to work for a painfully prolonged period, how structurally and dynamically inhibiting of corruption it could have been! Alas! How true Voltaire resonates !! Judicial System has always been to justify & legalise the ways of the powered over the powerless ( how can we forget the imprisonment of Gandhi by the then courts or the way “smuggling” gave way to “legally bringing” gold ). Now see how the other “political”, “panderer of family politics”, “selfish and money looting” “wile old owl” benefits from the insipid Amma’s DA judgement. Huge allegations, and perception of being the “fountain head of corruption” are remaining just that! This has not even reached a trial level ( will it also be a DA for him!!). Given the TNs only living profound political observer’s characterisation, that this “unqualified” person , does “corruption in the most scientific way”, it might be difficult to get valid material to the table of the judges ( recall the way flyovers and school buildings were dug up 2001-2006 and examined by various “paid” experts but could not be converted to evidences of corruption, recall the way the 400 crore secretariat was converted to a hospital and how the judicial system endorsed it etc), it might jolly well become a Peta Peta Serial. And when finally the verdict comes out will the wily, owl be alive to receive the punishment? Oh! What a planning, what an execution !! Indeed he should be endowed with, much more than scientific temper— crafty, cunning and creative capabilities!!!!! Jai Ho! Jaya, jaya, jaya, jaya hey!
Posted on: Tue, 07 Oct 2014 23:01:14 +0000
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