If Google carries out its internal search survey the most interesting topic comes is “Democracy” and one who tries to pitch against Democracy, Article 19 is the follow-up. A sharp mind Legal personnel will understand the next follow-up reply post Article 19 but till that time, real interpretation starts, and Lawyers get busy with their cases.
A Country with huge complexity in regard to its various dimensions has helped Bharat in being saved centuries ago and now that same thing is creating a problem because of Article 19 and at the same time, it works freedom for all citizens. The real problem arises when Courts starts defining Democracy and Article 19 differently in each case and this is where the complexity becomes useless and anger. There is no doubt that Article 19 is inclusiveness for all Indian citizens and is an integral part of Democracy but as said in my earlier articles, this itself is now a burden on the growth of Indian Economy and also a challenge to accept this in the same equality.
The recent ongoing issues between a National Award and a Brilliant Actress Kangana Ranaut and Shiv Sena especially, Mr. Sanjay Raut, and thereafter the manner in which Demolition was done, Courts taking care of the ongoing case and Media side, and then the case of Shiv Sena ensuring to teach Arnab and Kangana lesson via Parliament method after failing Court’s method and then filing of NC against Kangana for Drug and Shiv Sena trying to somehow blockade Republic, FIR being filed against Kangana for stating Mumbai as POK but no FIR against Nasiruddin Shah and others for their statement against India. This Year 2020 in the month of June, July, August, and September particular have seen how the term Democracy and Article 19 is unequal in many ways. BMC who is known not work at all and if anyone claims BMC works in my view can be taken as an alien to Mumbai and such has been the adamancy of BMC that even after many firing from High Court to ensure no death due to potholes and else, BMC just ensuring to maintain its no working status and all this changed in 24 hours when they realized the importance of 24 hours and how 25th Hours they worked. In my view, the High Court and Central Government shall move an ordinance to give an award of at least reducing their adamancy and losing the status of not working. I am sure to make this change a lot of efforts have been made and it does wonder specially and un-specifically.
I still remember that posts riots of the Year 2002 till 2016, for around 14 years Media ensure going any length against Shri Narendra Modi, the present Prime Minister of India and that time the term “Democracy and Article 19” had a meaning to allow everyone to practice the term “Democracy and Article 19” and the another best example is of “Asaram Bapu”. I saw how at that time Arnab with Times Now then and all Media, Liberals, Bollywood and all came to the conclusion of him being an accused and his property was attached and all happened including name and shame and even at that time the term “Democracy and Article 19” was practice but suddenly for SSR case, the term “Democracy and Article 19” is getting new definition which means it is all about “Suits” and “who is accused” and “who are involved”. This is a real concern that Courts decides the restrictions, Limitation, boundaries of the term “Democracy and Article 19” to each case based on who is the person, who is appearing, who is the named person, position and this is just the killing of real aspect of “Law is Equal”. For ex., Delhi High Court has told not to run a media trial for Mr. Tharoor’s case but for Asaram Bapu it was allowed and now recently, the Bombay High Court called for State control Media and at further in another case stated that freedom of speech cannot be absolute. This different way of dealing in each case is just killing and in fact a way of discrimination of unequal. I hope there will be an end to this.
There is no doubt that BMC Demolishing was perfectly timed just before the Court hearing and instead of looking into this aspect, now the whole case has been turned into legal or illegal construction and BMC spending hefty amount in litigation costs for such an easy case is just an added proof of how valid the Demolition of Kangana Ranaut property was. I hope that whatever is the order in Kangana’s Demolition case, but the conduct of BMC was purely pre-planned and hence purely illegal and if this is not shut-down or negative remarks being made, then it will only open a door to BMC showing their more high-handedness in other matters and this will only pave a way for corruption.
The recent case of a journalist being arrest and no Bail being given whereas Shiv Sena freedom fighters beating a Navy person getting bail in same day is nothing short of a no surprise as stated that Law is a social element changes as per requirements and thereby meaning of term “Democracy and Article 19” also changes which is dangerous and no doubt since long LIBERALS are using this in their favour. Let me say that nothing will happen to Shiv Sena freedom fighters as no chargesheet will ever be filed and let me tell you that there are people who are in this business of doing such acts and getting bail as this is a brilliant unpatented business model and if Courts are not aware od this model then it is cruel joke on Indian Citizens.
There is no doubt that Arnab’s (Republic TV) three matters will go to Supreme Court and will surely be in his favour with subject to certain conditions and Kangana may close this matter for having its legal issues within itself.
At the end, I am of the view that Law shall not see the name of the person or the lawyer who is appearing but maintain the same precedent for all.