Doublethink

Chief Minister Kalaignar, in his inimitable style, has exposed the doublethink of the Left parties, particularly the CPM and CPI. The way they conduct themselves in Tamil Nadu leaves much to be desired. One should not preach to others what he himself does not practice. They forget that they are ruling three States in the country, West Bengal, Kerala and Tripura.
 

A writ petition has been filed in the Madras High Court Bench in Madurai seeking an enquiry by the Central Bureau of Investigation (CBI) into two cases – one registered against the Dalits and the other against Caste Hindus – following a clash between the groups at Uthapuram near Madurai, over painting the wall of a village temple. In her petition, M.Rajammal, a resident of Uthapuram, alleged that no local police officers were harassing the Dalits by misusing the contents of one of the FIRs, which stated that around 300 unarmed Dalits were involved in the 2008 violence. The petition has been filed through advocate U.Nirmala Rani, who is the youngest of the three daughters of CPM leaders R.Umanath and Pappa Umanath.
 

It is ironic that the CPM, which stands for State autonomy, should be demanding a CBI probe. The late sagacious leader Jyoti Basu invariably attended state autonomy conference. In fact, the first communist government in the country, the EMS Namboodripad government in Kerala was dismissed by the Centre through such machinations in 1959 on the plea of breakdown of law and order in the state.
In West Bengal and Kerala whenever the opposition parties called for CBI probe, the immediate response of CPM Chief Ministers was to reject it.
 

The Centre ordered a CBI probe into the derailment of the Gyaneswari Express train on May 28, accepting a demand made by Railway Minister Mamata Banerjee. CBI (Central Bureau of Investigation) will probe the train crash, which has been blamed on Naxal sabotage, along with the West Bengal police’s Criminal Investigation Department and Railway Police. The Union Home Ministry has informed the West Bengal government’s Chief Secretary about its decision to order a CBI probe. Banerjee, whose Trinamool Congress won the municipal elections in the state, has welcomed the CBI probe. “I have good relations with the Home Minister (P Chidambaram). The truth should come out,” she said. Banerjee first refused to blame the Naxals and alleged a “political conspiracy” behind the Gyaneshwari Express train crash near Jhargram town, but later said she didn’t know who caused the mishap. Initial objections of the West Bengal government notwithstanding, the Union government decided to order the CBI probe as the incident had taken place on railway property and in such cases the concurrence of the state government was not required.
 

Hearing of the Nandigram carnage case which had begun in Calcutta High Court concluded. The Division Bench of the Chief Justice, S.S.Nijjar and Justice Pinaki Chandra Ghose has heard the case.  Appearing for the High Court Bar Association and the Incorporated Law Society Kashi Kanta Maitra replied to the Advocate-General’s submission on the Nandigram police firing on 14 March. He said this court had passed an order on 15 March directing the CBI to send a team of officers to Nandigram for collection of evidence. There was no direction in that order that the CBI should make the inquiry within seven days. But the CBI had actually submitted its report within seven days. Why and how had the CBI stopped its inquiry beyond seven days ? As the CBI had halted the inquiry the inquiry remained incomplete. Maitra prayed for an order directing the CBI to make further inquiry and complete the investigation and submit a full report.  He said the state government had filed an affidavit justifying the police firing in Nandigram. After filing this affidavit the Government had ordered an administrative inquiry into the Nandigram incident by the Divisional Commissioner, Burdwan. So the Divisional Commissioner was not expected to ignore the Government stand on the police firing and say something contrary to it. Sardar Amzad Ali, Kalyan Bandopadhyaya, Joymalya Bagchi and Idris Ali also replied to the AG’s submission on the police firing.
 

The police power of the State is a sovereign power and it can be exercised even when a new law has been framed in accordance with Article 21 (protection of life and personal liberty) of the Constitution to use force subject to Article 14 (equality before law) and Article 21 of the Constitution. The Advocate-General, Balai Ray, made this submission in the Nandigram carnage case before the Division Bench of the Chief Justice SS Nijjar and Justice Pinaki Chandra Ghose of Calcutta High Court.
 

Ray said the condition prevailing in the area between 3 January and 14 March of that year was that of a “liberated zone.” No civil administration was permitted to function. Ordinary people were prevented from exercising their fundamental and civil rights. Police were prevented from investigating at least 6 cases of murder, 19 arsons and more than 30 cases of rioting and possession of illegal arms. Whenever the police approached they were prevented by violent crowds in some thousand. This fact has not been seriously disputed by any of the petitioners or deponents affirming separate affidavits.  The Advocate-General stated that maintenance of public order was a constitutional duty of the State. The State in exercise of its sovereign police power was entitled to use force subject to Article 14 and 21 of the Constitution. The source of substantive power of the police to use force which may lead to firing was available from the Code of Civil Procedure,1973, in particular Sections 129 to 131 of the CrPC. The extent of the use of force necessary can be ascertained from the empowerment of the Army to disperse unlawful assemblies when it is necessary. These sections contemplate on justified occasions for the police to fire to disperse unlawful assemblies which refuse to disperse even after the police command them to disperse. Ray further submitted that the Supreme Court has held that the CrPC, even if it violates Article 21 of the Constitution, is valid law.
 

The West Bengal Congress demanded a CBI probe into the killing of Akhil Bharatiya Gorkha League president Madan Tamang, who was stabbed to death in Darjeeling on May 21. Interacting with mediapersons, Pradesh Congress Committee (PCC) president Manas Bhunia said, ‘’The ABGL leader was killed in front of the state police officials. Nicole Tamang, the main accused in this connection, was later arrested. However, the CPI(M), police and CID allowed Tamang to escape from the custody. This is because the government wants to suppress the facts.’’ ‘’Besides, Inspector General of police (North Bengal) and Superintendent of police (Darjeeling) are involved in the fleeing of Tamang. We demand that showcause notices be served to them,’’ he added.  ‘’How will Chief Minister Buddhadeb Bhattacharjee, also the police minister, repose faith in his police department and its investigation agency? We urge him to seek a CBI enquiry into the ABGL leader murder case without any hesitation,’’ Bhunia added.  

The Calcutta high court ordered the CBI to initiate fresh investigations and register a murder case in the mysterious death of computer graphics teacher Rizwanur Rahman, over two years after he was found dead near a railway track. Setting aside the CBI investigation earlier ordered by a single bench, a division bench comprising Justices Bhaskar Bhattacharya and Prasenjit Mondal directed the CBI to treat as an FIR the complaint filed by Rukbanur Rahman, elder brother of Rizwanur, on September 21, 2007. The bench directed the investigating agency to conclude its investigation within four months.
 

Rizwanur’s mother Kishwar Jahan had alleged the involvement of the then police commissioner Prasun Mukherjee, deputy commissioner (Headquarters) Gyanwant Singh and deputy commissioner (Detective Department) Ajay Kumar in intimidating her son. All the three officers had been transferred out of the Kolkata police following the CBI report recommending departmental action. The division bench while directing the initiation of a murder case and fresh investigation by the CBI, noted the “allegations of the role of police in breaking the matrimonial tie of an adult couple.”
 

The court criticised the role of the West Bengal government observing that it was indecisive and vacillating in deciding on the course of action following huge uproar over the death.
After this the state instituted a judicial probe by a retired high court judge, which was withdrawn after the CBI probe was ordered by the Calcutta High Court on October 16, 2007.
 

The BJP supported the Trinamool Congress’ demand for a Central Bureau of Investigation (CBI) inquiry into the recent violence in Midnapore in West Bengal where, the Trinamool has charged, at least 11 persons were killed by CPI(M) supporters while the State Government has denied the allegation.  The BJP spokesperson, Jana Krishnamurthi, said the State Government should accept a CBI probe. ``If the West Bengal Government declines, it will only prove that it does not want the truth to come out.’’ He stressed that “if for nothing else, the State Government should allow this to vindicate its own stand.’’
 

On the Trinamool demand that President’s rule be imposed in the State where elections are due in March-April this year, the party said ``the Centre may want to intervene (to impose President’s rule) but lack of majority for the National Democratic Alliance in the Rajya Sabha was a dampener. The remedy for this lies with the Congress. If the Congress were to extend support to imposition of President’s rule, Article 356 of the Constitution could be brought into play (to dismiss the State Government).’’
 

Krishnamurthi went a step further to suggest that the Constitution Review Committee chaired by the former Chief Justice of the Supreme Court, M.N. Venkatachaliah, should provide for ``contingency measures’’ to the executive to allow it to impose President’s rule.  ``Any Government, headed by any party, has no business to remain in power if it cannot protect the lives of its citizens,’’ and since the State would face Assembly elections soon, his view was that the people should vote out the Left Front Government.
 

In Kerala, the opposition was demanding CBI probe into violence in Cannanore district where the CPM and RSS cadre were clashing violently. 

Is the CPM enacting a Trinamool Congress in Tamil Nadu?  

(05-09-10)                         r