Can't Afford To Ignore Writings On The Wall!!

The mayhem and blood bath in the aftermath of Assembly elections in West Bengal have been unprecedented in the history of independent India. It would be foolish to term the violent incidents as sporadic natural sparks of anguish by the victorious Trinamool Congress (TMC) party or mere aberrations of law. It would also be foolish to term the bloody incidents as an outcome of partisan politics. In the frenzy, apparently political workers of Hindu religious faith, irrespective of their party affiliations, have been killed. It is not just a coincidence that only Hindus have been killed, looted or raped, but it is certainly the result of meticulous planning.

West Bengal has been a hot- bed of infiltrators from Bangladesh and Myanmar. Over the past four decades, a large number of Bangladeshis, mostly Muslims, have illegally migrated and settled in the border States of West Bengal and Assam. That is why today, West Bengal has over 30 per cent Muslim voters, while about 65 per cent are Hindu voters; the remaining 5 per cent of other faiths. Even among 65 per cent of the Hindu voters, there are at least five per cent of voters who have illegally entered the State from Bangladesh.

For such a sorry state of affairs, both the Central as well as the State governments in the last 40 years have to be blamed. It was at the instance of the successive governments that the illegal migrants were given food, shelter, education and even citizenship with an eye in their votes during elections at all levels.

So, the Assembly election results of West Bengal do not come as a surprise. It is the quid-pro-quo between the illegal migrants and the ruling parties namely, the Communists for first 30 years and the TMC thereafter; they were responsible for tilting the balance in favour of the ruling parties in the State.

But the story does not end there. The vast majority of Muslim migrants has in fact, come with an international agenda of Pan-Islamiastion. By dint of sheer numbers, they aim at creating Gazwa-e-Hind or Islamic rule in the country. As a part of this nefarious design, several international organisations of Muslims, including Jehadi groups, provide necessary ware-withal to such local infiltrators. When the Communists ruled West Bengal, Muslims not only used to vote enblock in their favour, but also extended support of men, money and material to win the elections. Now that TMC has been ruling since a decade, it has been the recipient of full strategic and logistic support from Muslim voters. To prove this point, the latest Assembly results are enough. The TMC has been voted enblock by the 'united' Muslim vote bank, while Hindu vote has been divided between the TMC and the BJP. This arithmetic of polarisation is well known to all political pundits.

Considering this scenario in the light of our past experience of Jammu and Kashmir where the majority Muslim community not only captured political power, but also subsequently persecuted the minority Kashmiri Hindus who were eventually subjected to mass killings and rapes and were driven out of their hearths and homes to save their life, there is an urgent need to take stringent action to avoid the repetition of the same in West Bengal. One sure way is to bring in the constitutional amendment to remove the nasty word 'secular' from the preamble and insert clearly in its place the words to mean that India is a Hindu Rashtra and minorities shall be protected by the State only if they remained 'loyal' to the country by adhering to the rule of law.

Now time is running out. To start with, let there be President's rule in West Bengal and have a crackdown on Jihadi elements who indulge in killing, rioting and rape. The next step should be to round up all anti-Hindu elements and promulgate a presidential ordinance giving immediate effect to the above-mentioned constitutional amendment. Let the fight against Covid pandemic get a backseat; but accord topmost priority to the exercise of cleansing the Jihadi, terrorist and anti-national filth.

SC BLOW TO MARATHA RESERVATION

In a landmark judgment the apex court has held by 3:2 majority that the 102nd constitutional amendment has cut short the powers of States to identify "Socially and Educationally Backward Classes (SEBCs)." The court held that after the enactment of Articles 338B and 342A to the constitution, the final say with regard to inclusion, exclusion or modification of lists of SEBCs is with the President and Parliament.

However, the apex court observed that the States can through their existing mechanism or even statutory commissions only make suggestions to the President or the commission under Article 338B for affecting any changes in the list.

The 569-page judgment, delivered in Dr Jaishree Laxman Rao Patil V/s Chief Minister of Maharashtra & Others, has deflated the Maharashtra government's tall claim of providing reservation to the Maratha community, observing that the State, even though by doing so, crossed the limit of overall 50 per cent reservations.

DM IN SOUP

A Division Bench comprising Chief Justice Akil Kureshi and Jusitce S G Chattopadhyay of Tripura High Court gave a green signal to the government on May 6, to go ahead with the inquiry against the District Magistrate of Agartala whose video had gone viral in relation to an incident wherein a marriage function was stopped midway by the DM and his team.

Earlier, the bench had issued bunch of interim directions including shifting of the DM out of Agartala after having a prima facie view that it would be necessary to do so "in order to conduct a fact-finding enquiry regarding the incident and the role played by the DM." in compliance, the DM was suspended by the government till further orders.

Indeed, it is unfortunate that the DM has landed in soup for having performed his lawful duties, albeit with little more vigour. Both the function hall owners as well as the marriage party organisers had knowingly and deliberately flouted Section 141 IPC, read with Section 144 CrPC, which specifically prohibited the assembly of more than five persons. Further Covid protocol, which includes wearing of mask, sanitisation and social distancing too, was given a convenient go by. However, the way in which the law enforcing agencies dealt the incident, was to say the least, barbarous. The DM, being a person occupying a coveted post, ought to have behaved in a dignified manner and shown some restraint. The High Court, therefore, rightly brushed aside the police version that the marriage party was taken to the police station to provide transport to the attendees, as it was curfew time. Nothing would have prevented the police and DM to arrange the transport for the marriage party right from the function venue.

MALAWI APEX COURT TERMS MANDATORY DEATH PENALTY UNCONTITUTIONAL

In a judgment delivered by the Supreme Court of Malawi on April 28, the mandatory death penalty has been interpreted as the maximum punishment of imprisonment and not necessarily the death penalty. In Charles Khoviwa vs The Republic MSCA, the apex Court of this South Eastern African Country while holding that "the court below erred in not according the appellant a sentence rehearing on the basis that the appellant had earlier appealed to SC of appeal as the decision of the Supreme Court of appeal on the death sentence was decided per incuriam since at the time of

entertainment of the appeal on death penalty there was no valid death penalty at all against the appellant, the same having been declared unconstitutional and hence void ab-initio."

The appellant in this case along with another was charged with the offence of murder and awarded mandatory sentence of death u/s 210 of Penal Code.