Thursday, April 16, 2009

Illegally Legal Vs. Legally Illegal

Anjali Waghmare… Brave advocate, appointed to defend Mr. Amir Ajmal Kasab for the 26/11 case has been currently removed citing “professional misconduct”. I’m dumbfound by some aspects of the Indian constitution and the Penal Code.

11,280 page chargesheet, 173 killed, 308 wounded, video as well as individual evidences, strong forensic reports, finally, the confession by the lone surviving terrorist himself has resulted in punishment? No..! It has resulted in the appointment of an advocate in defense.

Article 22 of the Constitution, provides that no arrested person “shall be denied the right to consult, and to be defended by, a legal practitioner of his choice”. But in our particular case we are not just allowing him to defend but providing free legal service. In an authoritative ruling the Supreme Court had ruled that the right to free legal service is a constitutional right of every accused person who is unable to engage a lawyer and secure legal service on account of reasons, such as poverty, indigence or incummunicado situation and the State is under a mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of the justice so require”. I don’t know under what situation the lawyer is appointed!!!

I pity the lawyer and the basis of the defense claim. “Your honour, my client is innocent. He loves playstation, laser tag and paintball. While he was indulged in practice sessions in various parts of the city, several people gathered to watch his skill. Infact they played along with him, dodging, hiding and some attacking too. It’s very unfortunate that most of them died, I don’t know for what reason because there are no evidences that they were hit by some bullet that my opponent claims to have come from my clients toy gun”.

The honourable judge says “I appoint a special commission to assess the facts of the case and conclude if the gun used by Kasab could actually kill people or was it a toy gun”.

Call it clash of civilizations or terror attacks; it is evident that the justification is to divide the country on religious grounds. So we call the person who tries to divide the country on religious grounds as a terrorist and a rebel. Though a lawyer is appointed, death sentence is certain. (Waste of time and Mr. Chdambaram assures that the trial would be completed in 90 days!)

Now that’s what I call, “Illegally Legal!!”

If you speculate the salutation to the lone terrorist in the first line of my post, read along. The lower house of the parliament, in my words, the “house of shame”, so called due to the following reasons:

1) poor attendance record in the 14th session
2) bringing “cash” into the house,
3) Disrupted discipline (I guess, Somnath’s medical bill was up by 50%!)

After all that has happened, the election campaign is a “comedy of terrors” to me. “Comedy” because, we all know how unfit most of the candidates are. “Terror” because the 14th Lok Sabha has the maximum number of tainted candidates ever in the history of Indian Governance.

Let me not give statistics and embarrass everyone, including me. We cannot avoid tainted ministers from becoming parliamentarians. The seat sharing agreement is a well “drafted” agreement between parties! If one closely monitors the election campaign technique the candidate is carefully selected based on his/her religious base. (not to forget the Tytler withdrawal due to the Sikh background in the area in which is was to contest and ofcourse the saffron sympathy called hindutva!). The parliamentarians (so called “leaders”) themselves divide our country citing religious grounds.

Now that’s what I call, “Legally Illegal!!”

If we are ready to accept “tainted” as “sainted”, then a “rebel” is “noble” to me.

Forgive me Mr.Manmohan, Mr.Advani, Mr.Ajmal!!!

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