No Judge is ready to take investigation against Modi
Guru Prakash
There was an audio sting that came out in the later part of the 2013. The very nature of the sting is questionable on various grounds of authenticity. On examining the merits of the tape one is left astounded as to believe it or not at the very first instance. There can be found no substantive explanation after analysing the intent behind it but a desperate attempt to cast aspersions on the character of the protagonist and maligning the bonafide act of the regime pursuing it on the request of the father of the protagonist for the sake of security and safety. On a structural deconstruction of the whole saga, you come across a bureaucrat, a lady and the provincial regime performing its duty on the behest of a requisition. The father of the protagonist has specifically admitted this in front of the National Commission of Women that his daughter did not want any probe into the issue as there was no encroachment on her privacy. He had also told the commission that he had himself made the request to the Gujarat CM to take the steps in his daughter’s interest, due to personal and family reasons.
After being respectfully exonerated by the SIT and the Ahmadabad Court, the State Government of Gujarat stands absolved of the false and malicious charges of the unfortunate 2002 events. Acknowledging the sensitivity of the present matter, the State Government of Gujarat has already appointed a two member Commission of Inquiry headed by a retired Judge. The delivery of justice cannot be plagued for petty political motives. The UPA regime has entirely rededicated itself to target Narendra Modi as it cannot match itself on the administrative and governance fronts. The union cabinet approved of an inquiry commission to look into the so called Snoopgate scandal involving physical/electronic surveillance of an individual. The Commission of Inquiry Act, 1952 particularly states that there cannot be two simultaneous commissions looking into the same matter by the State and the Centre at the same point of time. This violation renders the act of the Union Government questionable. Coming to the legality of the commission, According to the Commission of Inquiry Act, 1952, the report of a Commission of Inquiry has to be tabled in Parliament within six months of its submission to the government, that too with the Action Taken Report (ATR). Hence, the timing of release of the report would be somewhere around the general elections. The whole perusal of the government at the centre understandably stinks of political vindictiveness. The intention of the government is malafide as they want the report to affect the mood of the electorate while exercising their franchisee. A lot of legal and practical complication awaits the Commission of Inquiry instituted by the Union Government to fulfill its appetite of political vendetta.
Another interesting facet to this story is that even after the announcement of the Commission of Inquiry, the Central Government has failed to name of judge heading the Commission to do the needful. Why would someone from the judiciary want to be involved in a meaningless investigation virtually leading to nothing.
Constitutionally speaking, the prevailing chain of events falls within the purview of the ‘Law and Order’ which is mentioned in State list. Hence the state authority is exclusively entitled to act and legislate in this direction. The Government at the Centre has time and again shown utter disregard to the fundamental law of the land through its various acts and omissions. The present encroachment of the Union Government is another brutal assault of the federal spirit of our Constitution.
Another factor be taken into consideration is the track record of the Government at the Centre and the Home Ministry in particular to investigate matters pertaining to issues of national significance. We have seen the omissions of the commissions appointed by the government in 2G spectrum and Coal block allocation cases. On introspecting upon the modus operandi adopted by the government with respect to its investigative mechanism, we are rendered utterly hopeless and helpless. The government has spared no opportunity to misuse its power in shielding the immoral and the corrupt as witnesses in the recent Adarsh report imbroglio. The present regime is devoid of any moral character and can go to any extent to prove its point however inimical and misleading it might be. Doubtlessly, the credibility of the Home Ministry is under the scanner because of its own nature of functioning in the recent past. It will be difficult to rely upon the ministry and its observation in the present case.
This episode displays the dictatorial aptitude of the Central Government and its bankruptcy of ideas and vision to politically tackle the Modi phenomena. The present commission is evident of UPA’s respect to the Constitution and its mandate. The recent electoral verdict shows that common man has reaffirmed his faith in the vision and the leadership of the ‘party with a difference’ led by Shri Narendra Modi. The autocratic Government at the Centre should soon realise that Narendra Modi represents the unstoppable force of the resurgent and aspiring nation and illegal obstacles like this is unwarranted.
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