Misuse of Law Endangers Democracy

Stressing fair investigation, the court reminded the prosecution that investigation must be like Caesar’s wife above board. These observations by Justice Bhuyan remind us of another observation by the Supreme Court several years back that the CBI has become a ‘caged parrot’ of the government.

Written by

Ejaz Ahmed Aslam

Published on

September 17, 2024

It is very unfortunate that the present dispensation in India, off and on, is seen to be misusing the law of the land to serve its political interests. Its vindictiveness can be seen especially in the case of AAP government of Delhi. AAP minister Manish Sisodia was thrown behind bars for about 18 months. Then it was the turn of the outspoken parliamentarian Sanjay Singh, who was in jail for six months. Modi government is extremely vindictive against the Chief Minister of Delhi Arvind Kejriwal. It has let loose the law enforcing agencies like CBI, ED, etc. against Kejriwal. Kejriwal was behind bars for the last six months. Previously he was granted a month-long parole by the Supreme Court so that he could take part in election activities. It was widely appreciated. Kejriwal was arrested by the ED on March 24 and by the CBI on June 26. Now he has been granted interim bail in the ED case. The Supreme Court judge, Justice Bhuyan has observed: “It is in public interest that CBI must not only be above board but must also be seen to be so.”

Stressing fair investigation, the court reminded the prosecution that investigation must be like Caesar’s wife above board. These observations by Justice Bhuyan remind us of another observation by the Supreme Court several years back that the CBI has become a ‘caged parrot’ of the government.

The Modi government is not only vindictive but also accused of carelessness in dealing with opposition parties’ governments. It is also accused of not allowing the democratically elected governments to function freely. This reminds us of the so-called Bhima Koregaon conspiracy case. All the accused in that case were accused of hatching a conspiracy of murdering PM Modi. In spite of elapse of six long years even up to now the proceedings have not started. Most of the accused are highly respected and renowned social and human rights activists. Most of them have been gradually granted bail by high courts. The allegations are very serious of a conspiracy to kill PM of the country. But no proceedings and no progress. One can understand that the allegations are false. The case was launched to tarnish the image of human rights activists and to defame them. One 81 years old accused Stain Swamy hailed from Kerala and he spent his whole life in serving Adivasis and tribals in Jharkhand. He breathed his last in a Maharashtra jail, away from his people.

Take another case of glaring injustice related to JNU research scholar Umar Khalid. He is languishing in Tihar Jail and has completed four full years. It is horrendous injustice that this honest young man should have spent his youthful years in a jail. It is a terrible injustice to a young scholar and activist that he has wasted best years of his life without charges and without trial. PM Modi is famous for his speeches which stress the rule of law, fairness in government policies and respect for human rights. But these are just empty words and amount to false oratory.

If the rulers don’t act fairly and justly, what the suffers can do. It is high time the judiciary adopts a proactive policy and acts positively before the country descends into anarchy and lawlessness. Even a small illegal act on the part of the high-ups and rulers encourages common people to indulge in greater lawlessness. This leads to widespread lawlessness and finally leads to death of democracy.