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3-9 October 2014

RNI No. HARENG/2011/39319, Postal Regn. No. GRG/35/2012-2014

Vol. 4 No. 7  Pages 24  ` 10

{ Abhishek Behl / FG }

A Mockery of Justice?

write to us at letters@fridaygurgaon

T

he multiple loopholes in the Indian judicial system, coupled with centuries-old laws, have benefited the ‘powerful’ politicians immensely. Those facing corruption charges, or even those with criminal antecedents, are able to hoodwink the legal system and continue to rule the roost. They have done so now for years…some, for decades. It took almost 18 years to convict J Jayalalitha in a disproportionate assets case, while almost 17 years passed before Lalu Prasad Yadav was made accountable for the 'chara ghotala'. Across the country, including Haryana, there are several politicians against whom cases of corruption, crime, rape and other heinous charges have been framed. In a majority of the cases involving these politicians, the topmost lawyers are hired. This ensures that all legal ‘loopholes’ are taken advantage of, while the politicians work on exerting pressure on the investigating

Hight Court, Chandigarh agencies to get the cases dropped or delayed. They are not above influencing even the judiciary – allegedly right to the top. Within legal circles there is even talk of a 'cosy' relationship between top lawyers and the judiciary. Two cases that could have made a great impact on the politics and governance of Haryana involve, first, the five MLAs of the Haryana Janhit Congress (HJC), who had switched sides to the Congress in 2009 - ensuring that the Congress could form a government led by Bhupinder Singh Hooda. The shift in loyalty by the MLAs led to a prolonged legal battle against the Congress by Kuldip Bishnoi,

the leader of HJC. However, five years, the full tenure of the ruling Party, have passed, and the matter is still to be decided by the High Court! It amounts to a mockery not just of justice, but also the election process. Now, whether the Court upholds the switch or declares it illegal, there is little relevance left. Even if the Congress is found guilty, can all decisions of the ruling Party really be overturned? The second case, equally serious, and seemingly unrelated, involves the Gurgaon MLA and a Minister (sports) in the Hooda cabinet, Sukhbir Kataria. This case is not really unrelated, because it also pertains to the 2009 Assembly elections, and Kataria,

though having fought the polls as an Independent, went on to support the Congress. Multiple FIRs have been slapped against him, for facilitating ‘bogus’ voting by the use of ‘fake’ voter ID cards, to ensure his victory. Cases have been framed against Kataria under the sections of cheating, preparing and using fake documents and criminal conspiracy. While these cases have been filed against Kataria since 2009, it was only in the 2013, when the complainant Matdata Jagrookta Manch approached the Gurgaon court, that the first FIR was registered against the Minister. And despite the registration of many cases thereafter, there has been little progress, because the investigating agency, which is under the government, has failed to file a chargesheet, which would have made it possible for action to be taken against the Minister. OP Kataria, who has been spearheading the case against the Gurgaon MLA, had to recently approach the Punjab and Haryana High Court, arguing for action to be taken against senior police officials, for their ‘deliberately’ delaying the case. Though the High Court has reserved its

They're getting bolder { Barnali Dutta/FG }

write to us at letters@fridaygurgaon

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here are no two opinions that Gurgaon, dubbed as India’s Millennium City, has a cultural mix that is cosmopolitan in nature - be it the elite rich, the technocrats engaged by the IT giants, the middle class and even the skilled and unskilled labourers (including the daily wage earners and self-employed). And all of them have contributed to the growth of this City. By and large, they are a contended lot, despite the escalating prices of essential commodities and other hurdles faced by them for their sustenance. However, of late, certain unwelcome developments have upset the overall rhythm of life among some residents. A spate of kidnapping cases have created a fear psyche in their lives. These cases may impact the ‘lower’ classes for now, but the trend is ominous. This comes on top of the constant issues of a collapsing infrastructure and the growing ‘lawlessness’ of builders. While the police has denied Contd. on p 7 

order in this case, petitioner Kataria tells Friday Gurgaon that there will certainly be more pressure now on the police to act against those who violated all rules in the 2009 elections. "I am assured that more cases are likely to be registered for ‘bogus’ voting, and this case will also reach a conclusion soon," asserts Kataria. Till last count almost 32,000 ‘bogus’ votes have been cancelled and removed from the voter list by the Gurgaon administration. Kataria says that the filing of further FIRs (8 already filed) will send a strong message that such practices would result in strong legal action. While he is upbeat about the future of the case, the RTI activist admits that the fight against influential and powerful politicians in the country is very difficult, and till someone is in power it is very difficult to oppose him – because the system is primed to help the very people who are subverting it! The main problem in bringing the wrongdoers to book is that the police and administration, combined with an archaic judicial system, come together to ensure that someone with Contd. on p 6 

For Voters: Helplines:

0124 2321808 for Gurgaon assembly area;

0124 2222040 for Badshahpur assembly area

email: www.ceoharyana.nic.in To get information on booth location, SMS: VOTEHRY (space) Voter ID number to 9954699899

Friday gurgaon 3 9 october, 2014  

..be the change you want to see

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