Arrest of Ali Khan Mahmudabad, associate professor and head of the department of political science at Ashoka University in Haryana and sparing the BJP minister, not even registering FIR notwithstanding a clear order from the Madhya Pradesh High Court has certainly not come as a surprise. The BJP led state governments do not care for laws unless they are prodded by the Supreme Court.
In both these cases, the Supreme Court has finally intervened. While the CJI bench is expected to deal with Khan’s arrest issue on May 20 or 21, the apex court has already admonished the MP minister on his comments on Colonel Sofiya Qureshi issue and set up committee with three IPS officers to investigate the issue.
These two incidents were not only meant to boost the morale of the Hindutva zealots, they provide a clear picture of the well-structured accomplishment of the saffron ecosystem in transmuting the identity cultural ethos of the country. Just imagine, had it not been for the Supreme Court, the BJP minister would not have gone scot-free even after insinuating and speaking communally loaded remarks on Colonel Sofiya Qureshi. The political and cultural importance of the jibe could be comprehended from initiating suo-motu action against him by the division bench of MP High Court. The high court issued directive for filing an FIR against the minister. But BJP government ignored it and sat conveniently on the order.
The Modi government not directing the MP BJP government to comply with the High Court directive, clearly implies that state judiciary is being ignored. The cry to maintain the dignity and honour of judiciary is simply a wild cry. State’s tribal affairs minister Kunwar Vijay Shah had on May 12 said Prime Minister Narendra Modi had sent the “sister of terrorists” to strike at them, hyphenating Colonel Qureshi with the Pahalgam terrorists owing to their being co-religionists. His remark was intentional and meant to smash the dignity and self-respect of Qureshi.
The rulers always strive to use judiciary to their advantage. We have such examples. But it was confined to one or two select cases where the judicial system was asked to protect the interest of the political master. But under the present regime, a deliberate and concerted effort is being made to turn the judiciary subservient to the executive.
Khan was arrested. The reason is very misty and obscure. He was arrested allegedly on the charges of endangering the country’s sovereignty and integrity and promoting enmity between different groups. The FIR had been registered on a complaint from a BJP Yuva Morcha leader. There are three players in the game. Judiciary, police and the complainant. They have common cause.
On May 8 Khan had posted: “Lastly, I am very happy to see so many right wing commentators applauding Colonel Sofiya Qureshi but perhaps they could also equally loudly demand that the victims of mob lynchings, arbitrary bulldozing and others who are victims of the BJP’s hate mongering be protected as Indian citizens. The optics of two women soldiers presenting their findings is important but optics must translate to reality on the ground otherwise it’s just hypocrisy.” It certainly does not have a tenable reason for his arrest.
The observation of the Haryana’s state commission for women has been bewildering. It sent a notice to Khan saying that his observation is “disparaging women in the armed forces and promoting communal disharmony”. The chairperson must be appreciated for her imagination. Nevertheless Khan had issued a statement on May 14 saying “remarks had been completely misunderstood and that the commission had no jurisdiction whatsoever in the matter”. He also mentioned; “Contrary to the allegations, my post appreciated the fact that the armed forces chose Colonel Sofiya Qureshi and Wing Commander Vyomika Singh for the press conference to highlight that the dream of the founders of our Republic of an India united in its diversity, is still alive”.
These saffron zealots are law unto themselves. This is quite evident in their contempt for eminent academics and citizens. After Khan’s arrest nearly 1,100 such persons which included Amit Bhaduri, Anand Patwardhan, Harsh Mander, Jayati Ghosh, Nivedita Menon and Romila Thapar petitioned Haryana women’s commission, asking it to “stop harassing” Khan. But of no consequence. It has fallen flat on its ears. The division bench which took suo motu cognisance of minister’s jibes, must take note of this development and tag this with the original action.. The court must seek to know from the government: “What is anti-women about this? How does this spread religious hatred or strife? And how it endangers sovereignty, unity and integrity of India?”
State’s reluctance not to comply with high court’s action and filing “weak drafted” FIR against Shah is simply a ploy to rebut the judiciary. Through this RSS and BJP intend to convey the message that judiciary must not interfere in its chauvinist functioning. They are certain that with their pursuing this policy the people of the country will lose courage to dissent, oppose and even initiate a democratic debate. This action makes it apparent that saffron ecosystem and Modi want to criminalise dissent and stifle academic, intellectual assertion and opposition to its wrong deeds.
It is encouraging to see that many organisations, including Jawaharlal Nehru University Teachers Association (JNUTA), Democratic Teachers’ Front (DTF) and the Democratic Teachers’ Initiative (DTI) and some students bodies have raised their voices against this move and demanded withdrawal of the cases. The academics and intellectuals were dismayed that while no action was being taken against minister for his remarks on Colonel Qureshi that have been castigated by both the Supreme Court and the high court, police was falsely implicating professor Khan.
This action followed by the Government move to include the name of Congress leader Shashi Tharoor in the team of delegates to visit foreign countries for apprising the heads of that countries smacks of a deep conspiracy. Does the centre want to tell the people of country that foreign countries are not aware of the ground realities of Kashmir. Whom does the government intend to fool? Entire world knows of the reality. Its worth taking note that centre has dropped the names of all Congress nominees. Congress had not recommended the name of Tharoor, but it was included by the BJP leadership.
The same objective could have been achieved by the Prime Minister by convening an all-party meeting and a special session of Parliament. World leaders could have come to know of the mood of the nation and its people. It transpires that the centre has planned to have a training session for the delegates. Obviously they would be briefed of the government approach It would not be inclusive in nature. On the contrary a parliamentary meet would have explored all the avenues and would have wide implications helping Indian cause . (IPA Service)