Court debunks the PIL misuse
Ploy to damage BJP meets with huge setback as petitioners relied on fabrication and falsehood
Dr. R Balashankar
In the PIL on Justice Loya death, the Supreme Court has explicitly and eloquently exposed the most nefarious and diabolic game being played by the Congress, its allies and a section of the media. Dismissing the PIL, the Court ruled, ‘no foul play in Justice Loya’s death and that the pleas were bid to hit at judiciary’s credibility”. Within hours this section exposed itself further by moving an impeachment motion against the Chief Justice of India, though they have not cited any serious allegation or they have the necessary strength to carry it to its logical conclusion.
It would seem as if in their frustrated desperation they would go to any length in damaging their own reputation. The bunch headed by the Chief Justice of India observed that there was no ground to hold that there was reasonable suspicion about cause or circumstances of Loya’s death. It further ruled that the demand for probe meant to mislead the court. In a scatching criticism of the actors behind the PIL, the Judges ruled that petitioner’s conduct constituted contempt of the judicial system and that the PILs are being misused to serve partisan political ends. The court chided the petitioner’s for wasting valuable time of the court on frivolous issues while the Court has to dispose of cases pending for decades.
Significantly the Court in its pronouncement named and shamed the petitioners for their efforts to scandalize judiciary. The Supreme Court highlighted the conduct of lawyers who appeared for the petitioners, who were clearly acting as agents of their hidden political masters. The Court asked the petitioners not to make PILs tools for rivalry.
It is clear that the petitioners did not represent any public interest. The court has seen through the game as there was no evidence and the earlier probes and the depositions of the persons who were with Justice Loya at the time of his death, the medical report and an earlier court ruling had suggested the death natural, because of cardiac arrest. The only ground on which the petitioners were trying to dig and build a case was that the BJP chief Amit Shah’s case had come up before Justice Loya for hearing before his death. In the case Amit Shah was acquitted as the charges were politically constructed and wildely imaginary and vindictive in nature. In the blind hatred for BJP the petitioners, (here read as Congress and Commies) wanted to attribute even the natural death of a judge as a conspiracy of the BJP. Based on this premise they hoped to create a chimera of canard to mislead the country in the run up to the polls. The Opposition game was so vicious that without a shred of evidence they are trying to create a smokescreen of suspecion. In this by filing petition after petition, targeting the judiciary when the rulings did not suit their game plan, and trying to intimidate and manipulate through a sustained media campaign.
All this got exposed as the apex court refused to be brow beaten by both internal and external sabotage and pressure tactics. The Congress wants the country to believe that all judicial pronouncements not suiting their narrow partisan agenda are biased.
If they believe that because the BJP is in power, the judicial system has become pro-BJP, then it will mean when Congress was ruling India for six decades and all pronouncements were manipulated by them at every level. It was the Congress under Indira Gandhi in the seventies which coined the term “Committed Judiciary “in the wake of bank nationalization and Privy Purses judgments which were not in line with the Congress agenda. The decade long tussle with the judiciary resulted in the supersession of four eminent Supreme Court Judges including Justice H R Khanna and Justice K S Hegde. It even retrospectively amended the election rules, amended Constitution to sustain itself in power and perpetuate family rule. Now they want judges see things through Congress spectrum.
In the present instance, the apex court categorically ruled that CBI judge Harkrishan Loya died due to heart attack in natural circumstances. Loya was hearing the Sohrabuddin Sheikh encounter case. The bunch headed by CJI Dipak Mishra ruled that all speculations on Loya’s death should now end. In the hard hitting ruling the court pointed to the misuse of PILs for serving political interest. The court was not impressed by the attempts by Advocate Prasant Bhushan to personally manufacture evidences to point to a conspiracy in the death of the CBI Judge. The Advocate wanted the court to believe that the judicial officers who took Justice Loya to hospital were conspirators. Based on evidence the Court ruled it was a natural death.
In fact by hook or crook the Congress and its cohorts wanted to damage the great reputation as a leader and strategist of the BJP Chief Amit Shah. Their commitment was not to find truth or help find circumstances of Justice Loya”s death. They conspired to create suspicion about the death, mislead the public and judiciary and get a fresh, in fact fourth probe ordered into the death so that the issue could be kept alive till 2019 election. The court ruling has thoroughly exposed and shamed them. Now they are after CJI.
(The writer is member BJP central committee on Training & Committee on Publications.)