Let the 'Sunday lights' banish anti-national, Jehadi COVID-19!
Perhaps it is possible to straighten the curly tail of a dog, perhaps it is possible to tame the red-rag ferocious bull or perhaps it is also possible to instil an element of wisdom in a Pappu, but alas!
Perhaps it is possible to straighten the curly tail of a dog, perhaps it is possible to tame the red-rag ferocious bull or perhaps it is also possible to instil an element of wisdom in a Pappu, but alas! it is impossible to set right the fanatic elements, self-styled as 'Jehadis' to transform as humans, let alone as the nation-loving.
This only could be the logical conclusion of the prevailing situation in the country, and possibly throughout the world. It is surely for the first time in the annals of history that a natural disaster like Covid 19 has been used by the fanatic Jehadis, both educated and uneducated, rich and the poor, men and the women with the ill-fancied goal of establishing the Islamic rule!
And, lo! they are not concealing their evil designs. On the other hand, they are openly challenging the authority of the State by all possible means – right from spitting on the police and health workers to attacking them violently as individuals as well as mobs.
First, they experimented with Shaheenbagh and now buoyed up with its success they are up in arm once again on a magnified scale. Their defiance or to say the betrayal or revolt has not stemmed up from ignorance of law (which too, is not an excuse), but from a strong commitment towards the ultimate goal of Islamisation.
And see, so far what our 'democratic' State has done! To say the least, these poisonous, treacherous elements have been given a kid gloves treatment. They have been cajoled and cuddled, and even indirectly encouraged by not taking stringent action.
Their morale gets boosted by the planned and well-orchestrated overt and covert support from the defeated political parties, disloyal bureaucrats and paid 'intellectuals' in and outside media.
Otherwise, how the kingpin of Tablighi Jamaat, Maulana Saad Kandhalvi could vanish in the air right under the nose of the central government just after a close door meeting with the National Security Adviser, Ajit Dobhal?
Unfortunately, today when the pro and anti-nation, nay, humanity lobbies are at their best, it is the moral, ethical and Constitutional duty of all governments to ensure that the pandemic is fought effectively and decisively to save humanity.
In this context, without going into the science and politics of the Prime Minister's clarion call to light candles and mobile torches on Sunday, the April 5, one thing seems to be certain.
And it is, the show of national unity which also will vividly expose the people who are not with India and humanity at large.
Let's hope, the authorities would be able to identify the hotspot of pro-Covid-19 creatures and tackle them subsequently in the manner they deserve.
Merely filing cases under softer sections of the criminal laws so as to ensure their release easily after arrest, is not going to solve the mammoth phenomenon.
Section 156 (3) CrPC
In an important judgement delivered on March 20, the Supreme Court of India has held that under Section 156 (3) of the Criminal Procedure Code (CrPC), the Magistrate enjoys wide powers in the matter of registration of an FIR and proper investigation of the case by police.
The bench comprising Justice N V Ramana, Justice Mohan M Hantanagoudar and Justice Sanjiv Khanna in M Subramaniam and Anr. Vs S Janaki and Anr held: "It is well settled that when a power is given to an authority to do something it includes such incidental or implied powers which would ensure the proper doing of that thing.
In other words, when any power is expressly granted by the statute, there is impliedly included in the grant, even without special mention, every power and every control the denial of which would render the grant itself ineffective.
Thus, where an Act confers jurisdiction it impliedly also grants the power of doing all such acts or employ such means as are essentially necessary for its execution."
The apex court, however, after quoting a catena of judgements also decried the tendency among litigants to rush to the high courts for registration of FIR without following the due process of law and rules made thereunder which requires that before approaching the High Court in such matters, a person must exhaust other remedies like approaching the Superintendent of Police concerned and the Magistrate.
Bombay HC refuses to hear bail petition
" Release of an accused or convict at the cost of breaching the order of lockdown and at the cost of risking lives of many cannot be considered to fall within the category of 'extreme urgent matter," stating this, Justice A M Badar of the Bombay High Court refused to hear the bail application of one Sopan Ramesh Lanjekar, an accused in a cheating case in Mumbai.
Elaborating the reasoning, the High Court said, " Because of lockdown declared by the State, all offices including offices of the court are virtually closed.
By deputation of bare minimum staff, extremely urgent business is being transacted. Processing a bail order and consequent release of an accused/convict, as such, virtually amounts breaching the order of complete lockdown. Putting several employees and officers to work, may put them to the risk of contracting Covid-19. "
The court also observed in its order that at this moment entire law enforcing machinery is focusing on the implementation of the lockdown throughout the State by virtually remaining on the field for 24 hours. This is being done for saving the entire nation, the court added.
Earlier, on March 31, Justice Pankaj Bhandari of Rajasthan High Court (Jaipur Bench) also had ruled that bail petitions and the petitions for suspension of sentence do not fall under the category of ' extreme urgent matters.'
Book lockdown violators
Union Home Secretary Ajay Bhalla on April 2 asked the States to widely circulate information on penal provisions laid down under the Disaster Management Act, 2005 as well as the Indian Penal Code and implement the same "in letter and spirit, without allowing any exception."
He cited Sections 51 to 60 of the DM Act as well as Section 188 of IPC which provide for punitive action.
According to Section 51 of DM Act anyone who obstructs government servant can be punished with imprisonment upto one year (two years, if it endangers life) or fine.
Section 54 provides for up to one-year jail term for false warning; Sections 52 and 53 provide for two years in jail for false claims and misappropriation of funds.
Similarly, Section 188 of IPC provides for upto six months imprisonment and/ or fine which is further extendable to two years if it endangers human life, for anyone disobeying an order duly promulgated by a public servant.
Thus, seriousness of the central government about the current pandemic situation is quite discernible. However, some State governments for the reasons best known to them only, give a convenient go-bye to violators.
Scores of videos showing mostly the people of a particular community not only violating the instructions of police but also abusing and assaulting them have gone viral.
It is, indeed, unfortunate that in Telangana, the government even without waiting for the verification of a video that had gone viral showing the alleged police brutality on a minor boy in Wanaparthy has hastily suspended the concerned policemen.
Instead of acting in a huff, had the government ordered a departmental enquiry, the purpose would have been served.
Suspension of the policemen at a time when fanatic Jehadi forces are hell-bent to defy all restrictions, goes against the spirit of such restrictions as it sends out a message that the entire police force is brutal, while the fact is that these Covid 19 warriors along with health service providers are at the receiving end.
Destructive politics has already done a great harm to the nation and it should be eschewed atleast from now onwards.