Implications of the SC verdict on the Loya Death petition
As I had mentioned earlier in the reply to Murali, the Supreme Court (SC) has a difficult problem on its hands.To accept the petition put forth on the suspicious circumstances of Justice Loya would
1) amount to an open declaration of war with the Modi/Shah combine as it directly questions their legitimacy as rulers of India. If the core assertion underpinning the petition is indeed correct - then the lives of the justices would be in grave danger and
2) call into question the viability of the traditional law-enforcement based information chain used by the courts at every level. With police officers all over India wondering whether the court trusts their inputs at all, the courts would lose their ability to work together with law enforcement. This would create a systemic jamming that would prove very difficult to clear.
This set the stage - more/less - for dismissing the petition on technical grounds. The technical grounds would eventually provide the petitioners a way to re-submit the issue for judicial review after a time, but if there were enough words in there that suggested that the SC was not favorably disposed to a review - the Modi/Shah combine might be befuddled into thinking that there is no need to murder more Judges.
This would at least stem the really bad bleeding for now.
This would not undo the damage caused by the situation to the college of judges. The damage done to the trust inside the institution is quite frankly staggering. I am not sure how this will ever be cured.
The SC would have also have to deal with a massive public perception that it was in the pocket of the Modi/Shah combine.
This latter part would be almost as damaging as an open declaration of war with the Modi/Shah regime as it would effectively create a state of Emergency in the country.
With the Modi/Shah political machine able to operate outside of any judicial challenge, its power would become absolute. It would secure unto itself all means necessary to perpetuate its control over the national space and to free itself from any legal challenges in the future.
This would create a government within a government, a "deeper state" within the "deep state" - one which was completely beholden to the interests of the Modi/Shah combine.
That is pretty much what the Emergency of 1975 that Mrs Gandhi declared achieved. Mrs Gandhi used the parliament and constitutional mechanisms which have their own time limits engineered into them, but Modi/Shah seem to have preferred to use this extra constitutional mechanism which do not have a time limit engineered into them.
As things stand - the writ of Habeas Corpus no longer applies to any conduct by the Modi/Shah machinery - they can kill anyone and never be held to account by the court.
The Supreme Court was given a choice - and it chose to throw India under the bus to save itself. I can't see how this is a good idea.
There is no way to sugar coat this - so I won't bother - but democracy in India is now dead. You don't have to bother with elections, the outcome will always be only what Modi/Shah want.
India has entered the night - and I do not know what if anything will remain of India when day finally comes.
posted by maverick @ 6:30 AM
4 Comments:
motive - to what purpose was the supposed killing of the legal juror?
if you can't come up with a modi/khan motive then all you have is a stupid conspiracy theory like the clinton's political assistant vince foster suicide/murder.
whutever the clintons maybe, they are no killers/assassins.
neither is modi.
putin otoh..............
Juror? - No no no this is a Judge - a CBI Judge at that. (equiv to a Federal Judge in the US). There is no jury trial in criminal matters in India.
The witnesses were liquidated long before the Judge was.
It could be a conspiracy theory - but there a large number of policemen in jail who have confessed to murdering people on behalf of the Modi/Shah combine including a former DCP.
There are also phone recording from the intelligence bureau of Shah giving order to these policemen.
The former head of police intelligence is one of the people actively campaigning to have Modi/Shah brought to justice.
It appears to all be connected to a cycle of violence surrounding control over a lucrative piece of real estate, but then spiraled quickly into a political battle between Modi and his detractors in the Gujarat BJP and RSS.
If you go deep into the history of the Gujarat politics, this kind of politicized battle over real estate is common. What is uncommon is for elements of the police to take part in that battle to such a degree. That happened here because there two powerful benefactors which encouraged it - one of them was very rich, the other was a relative of a police officer.
The relative basically vouched for these two guys. This has been a roller coaster ride for them, first they rose in prominence, then they went to jail, then Modi reinstated them and now they have been rewarded.
You may want to read this to get a perspective on the Sohrabuddin murder case.
https://en.wikipedia.org/wiki/D._G._Vanzara
Most of what we know about the murders of Haren Pandya (Modi's competitor in the Gujarat State BJP unit) and the Sohrabuddin Shaikh murder case comes from these police officers interviews when they were in jail.
If you look at the case in detail, you see a lot of witnesses being killed off (Sohrabuddin's wife for example) and investigating officers turn out to be working for Modi/Shah. A number of colleagues serving alongside the investigating officers have publicly indicated and deposed before courts about the criminal behavior of their colleagues.
So this is not a "juror" being killed or simple "witness tampering" that you might see in a mob trial in the US. This is something completely different - at the scale of Giovanni Falcone murder.
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