India must be the only country where every building is illegal in some way or the other.
Media is aghast at the brazen use of power to demolish the house of Kangana Ranawat [spelled (Ranaut)] by Maharashtra Government in Mumbai. But there is nothing surprising. The word draconian falls short to explain the powers given to Municipal Authorities and the brazen corruption. It must be kept in mind that the most corrupt offices and officers are most loyal to political masters. More on that but first try to understand the practical legal situation about building laws in India.
Here I am using the world ‘illegal’ rather loosely and not strict sense. Therefore it includes enchroachment, irregular, unauthorised, condonable, compundable and all other terms used in Building laws to denote what is not permissible in law.
Sanjay Baru was Media Advisor to the Prime Minister of India between 2004-2008 and has written about his tenure in Prime Minister’s Office in his book “Accidental Prime Minister – The Making and Unmaking of Manmohan Singh.” He has also written about the Prime Minister’s residence 7 Lok Kalyan Marg, New Delhi. (At the time of Baru it was called 7 Race Course Road.) Entry to PMO is narrated by Baru in these words:
“I went to meet Dr Singh on Monday at the prime minister’s sprawling official residence, 7 Race Course Road—7 RCR as it is popularly called—at the edge of Lutyens’ Delhi and bordering diplomatic enclave. After Rajiv Gandhi’s assassination, the security around the PM’s official residence has become so elaborate that entering it is quite an ordeal. The Special Protection Group (SPG), an elite security unit protecting the PM, which was created in 1985 after Indira Gandhi’s assassination, allows in only such visitors whose names have been provided to them by the personal secretary to the PM. After driving through the first gate of the outer compound, visitors alight near the second gate. Only ministers, authorized officials and foreign dignitaries are allowed to drive through the second gate, and get into SPG vehicles that will take them a couple of hundred yards down the road to the PMO. Those less privileged must first walk into a visitors’ room, deposit their mobile phones and be screened by security. Only then are they ferried by the SPG in its fleet of Maruti cars to the Prime Minister’s Office.”
Do you notice the illegalities visible from this very paragraph? I will explain it, but notice this paragraph:
Last week it was riots in Bangluru over a perceived provocation. Yesterday it was Sweden. In the Swedish city of Malmo over 300 people had gathered and threw objects at the police and burnt car tyres, setting vehicles on fire. It is not the first and it would not be last. In 2010 a school was burnt down after Muslim immigrants were denied entry. In 2017 riots erupted just because President of USA referred to the migrant problem of Sweden.
Migrant problem of Sweden:
Sweden has taken in a large number of Muslim migrants from Syria and Iraq, the two countries torn by civil war. But it appears migrants could not leave the war behind and carry it with their minds. Rising crime graph of Sweden is another cause of concern especially in respect to crime against women. This has upset the native population as well.
Murder speaks for itself. There is nothing more vocal then a murder. Human body talks even after death. Liver tells time of death. Muscles tell time of death through rigormotis. Injury marks on body and bones also tell one or more stories. But there must be somebody to read that story.The question of nature of injury on the neck has been picked up by the media and is actively discussed on TV but why Mumbai Police is not doing anything about it?
The crime investigation in India is governed by a law which is more than hundred years old. In every other country a matter of death is subject to investigation by a coroner who is the specialist in forensic medicine and also specialist in human body and it’s possible cause of extinguishment. In India every death is subject to investigation by a magistrate who can seek help of a forensic expert though the magistrate himself has bare little knowledge of forensic medicine. Both systems have its own flaws and advantages but let us focus on Magisterial Inquiry.
In case of Sushant the Mumbai Police filed ADR or ‘Accidental Death Report”. The report is part of it’s daily journal of activities and a copy of it’s extract is sent to (Judicial) magistrate. The law and procedure is obsolete now it should be in a transparent computer data base but that has not happened. After getting the report the Judicial Magistrate is free to apply mind and direct the police to act in a certain manner. But unfortunately they ‘never’ apply mind. Reports just pile up and filed. The lethargy and insensitivity of system is so appalling that it can not be put in words.
Shiv Sena is the ruling party in Maharashtra in alliance with Congress and NCP. It owns a news paper cum website called Saamna. Today Sanjay Raut, it’s editor has written a long editorial opposing CBI investigation in the case of death of Sushant Singh Rajput. This article can be accessed here but it is in Marathi. If you know Sanskrit you may be able to read it. But here is an extract from that article translated with the help of google:
Sushant Singh Rajput seems to have committed suicide. There is no basis for what is often said to be murder. The propaganda that the gutter letters and news channels wanting to burn honey on a hot tawa was completely false. Maharashtra has a government under the leadership of Uddhav Thackeray. They used to do it anyway. Opposition groups called for the beleagured PM to resign, but he refused to give up. What the head of that news channel did, ‘gossiping!’ Arnab Goswami is the head of ‘Republic’ news channel. They refer to political leaders, chief ministers in plain language, use defamatory language, make threats. This is what he did in the case of Sonia Gandhi and now people have seen Maharashtra Chief Minister Uddhav Thackeray in a single language, challenging him. Seeing all this, Shri. Sharad Pawar called me and said, “Uddhav Thackeray is being mentioned in a single language on a news channel. This is not correct. He is the Chief Minister of Maharashtra. The Chief Minister is not just an individual, he is an institution, “he said. Finally, he asked, “So what does the government do?” Pawar’s opinion is that of an experienced leader. This picture of journalism is not good. A news channel hurled insults at the Chief Minister of Maharashtra and it is tolerated. That news channel is supported by political parties in Maharashtra. Sushant Singh’s pretext and the main conspiracy to discredit the government on that occasion. It continues.”
The article is 1705 words long. It has allegations against a journalist while the writer himself is a journalist? However I will leave that for Arnab to defend. For the benefit of readers, every unnatural death is presumed murder and is subject to magisterial enquiry. By now Police should have closed the inquest awaiting report of Magistrate. Why it is playing on both sides?
The editorial has following reasons to dispute the investigation by CBI: Continue reading →