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Saturday 11 May 2019

TAKE A BOW, GENTLEMEN, YOU HAVE HIT ROCK BOTTOM.


   Even by the standards of our rapidly plummeting polity and social discourse the events of the last week have shocked all right ( and left) thinking people. We have known for some time that scatology is the only subject our politicians excel at, that the judiciary is headed only one way- downhill- and that our public institutions are increasingly headed by doormats who perform precisely that simple function- allow their masters to clean their feet on them and walk all over them. But last week we learnt that there are further depths to be plumbed.
   Our revered Prime Minister, who has been in this constant Atilla-the-Hun mode since he took office, has finally proved that Mr. Mani Shankar Aiyar was not far off the track when he had used the "N" word for him a couple of years ago. If language is the window to a man's soul then what Mr. Modi's language reveals is the utter heart of darkness: a bitter, malicious, vindictive, egoistical, narcissistic man who has only contempt for the living and damnation for the dead. Only such a man would have used the words he did for Rajiv Gandhi, mocking his death: " when Rajiv Gandhi died he was " Bhrashtachari no. 1." Of course, we should have expected nothing better from a man who spews hatred and invective as naturally as a spitting cobra spews venom. In the past he has referred to Mrs. Sonia Gandhi as a widow who ( impliedly) benefits from a state pension and as a Jersey cow, and to Sunanda Pushkar as a " fifty crore rupee girlfriend." Nothing is too crass, or obscene, or base for his tongue. He constantly derides the benefits of education ( " hard work" vs " Harvard" jibe), but just compare a speech of Mr. Modi with one by the man he has a pathological hatred of, Jawaharlal Nehru, and one can see what Mr. Modi has missed. The vicious manner in which he has of late been vilifying an ex- Prime Minister who died 28 years ago may show his desperation, but it also reveals that he is perhaps also delusional and has lost touch with reality. He has robbed the office of Prime Minister of all dignity and gravitas.
   Can the Election Commission of India crumble any further? is the question being asked this week. After sitting ( no doubt paralysed with fear) over election related complaints against Mr. Modi and Mr. Amit Shah for weeks, it has now absolved the former of any culpability in all the nine complaints against him, and Mr. Shah of those against him, for good measure. This is the final imprimatur of its partisanship and impotency. This is a Commission that finds a reference to a woman's underwear a bigger violation than the categorisation of a murdered Prime Minister as India's most corrupt man, even though he had been acquitted by both a High Court and the Supreme Court! Did Mr. Seshan and Mr. Lyngdoh labour so bravely so that the pygmies who succeeded them could drive this once great institution to the ground? Only Mr. Ashok Lavasa, according to some media reports, had the guts to recommend that the these complaints were justified and that FIRs should be registered against both. Mr. Shah and Modi . Mr. Lavasa holds out hope that when the real acche din return ( as they must) the institution can be revived and released from the clutches of time servers.
   The biggest scandal of the past week, however, has to be the murky goings on in the Supreme Court and its upending of all canons of justice and fair play in the " in-house" inquiry" into the sexual molestation charges against the CJI. The three judge panel has denied every legal right to the complainant, proceeded exparte against her, followed no procedure known to law, and hastily issued a report that raises more questions than it answers. It has taken the extraordinarily perverse decision to give a copy of its inquiry report to the accused( the CJI) but refused to furnish it to the complainant! The refusal to make it public, or to state the reasons for its finding exonerating the CJI of all charges, cannot but raise awkward suspicions and questions: Why did the 3 member panel conduct an "informal inquiry" instead of adopting the process laid down in POSH Act or the Vishakha judgement or even the ICC guidelines? Why did it refuse requests by eminent jurists( including Justice Chandrachud and even the Attorney General) to coopt an external member to the panel ? Did it examine the evidence ( thirty pieces of documentary evidence were submitted by the complainant, according to Mr. Prashant Bhushan in an interview to the QUINT) and the witnesses cited by her? Why did it not allow the complainant to cross-examine/ confront the CJI ? Did it examine the trail of persecution of the complainant and her family by the Court and the police after the incident? Did it look into the procedure followed by the court Registry while imposing the unusually disproportionate penalty of dismissal on her for availing just a half day's casual leave? Why were the enquiry proceedings not video-graphed? Why was she not given a copy of her statements to the committee? Civil society is by no means endorsing the veracity of the charges against the CJI: it is questioning the processes followed by the Court to inquire into them.
   More questions and misgivings will inevitably emerge with the passage of time, protests have already broken out across the country including Delhi, Kolkatta, Ahmedabad, Bangalore and Mumbai, politicians too will soon jump into the fray once election fever has abated. The Supreme Court cannot stifle these voices by imposing Section 144 CRPC and forcibly detaining those who protest its suspect conduct, as it did on the 7th of this month. It has to come clean with the facts and the strange processes it appears to have followed in this modern version of the Spanish Inquisition, it has to break the peculiar vow of Omerta its judges have taken to protect one of their own. Opacity cannot be a defence. A court's best defence is its reputation for fair play and its credibility; if it has to be protected by the police and the power of contempt instead, then its days are numbered. Judges do not define a court, the universal principles of justice, fair play and transparency do so; silence and opacity do not build judicial reputations, courage and conviction do. How our Supreme Court will respond to this existential challenge will determine whether it survives as a beacon of hope in these dark times or sinks into the morass which has already engulfed all our other public institutions. It has dug itself into a hole and should now stop digging any further.
   It has been a bad week for all of us. How much further can we sink as a country?

15 comments:

  1. Thank God for someone with the courage to speak the truth. That it is a retired IAS officer is no surprise. No reflection on the author but it seems to me that civil servants suddenly find their consciences and backbones on their retirement day. While in service, they remain quiet, no matter that they may not like what they see happening. Yet they don't stop it, they don't speak against it and they don't resign. That is why the likes of Harsh Mandar are so rare and so precious. As I said, no reflection on the author and my apologies in advance. I am merely expressing the frustration and angst of the AAM AADMI - nothing to do with the party, I assure you. Just the Mango Man.

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    1. Resigning is running away, it takes equal, if not more, courage to fight the system from within! And a lot of us do so, quietly, because we are governed by service and conduct rules, as we should. Your angst is perhaps justified, your conclusions are not

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    2. It is becoming fashionable to question anything retired civil servants say as the product of a spine regenerated post-retirement. That civil servants are not permitted to publicly voice opinions while in service is either not publicly known, or glossed over. Yet, from time to time, adverse and dissenting notes of civil servants protesting a course of action they disagree with, do see the light of day - as happened most recently in the Rafale papers. For every one such dissent that comes into public knowledge, there are numerous others that lie buried in the files of government. So, to assume that just because serving officers do not and cannot make a song and dance about their dissenting views means they are spineless, is both unjustified and unfair. Finally, when retired civil servants are able to openly express their opinions as free citizens no longer restricted by the conditions of service, their motives are questioned. By stifling this voice, the public will be deprived of an informed point of view.

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    3. in mr avay shuklas case it is not sudden he has been taking up cudgels on behalf of decency, albeit some times irreverantly, and probity in public life for a very long time. all power to him!

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  2. Lets stick to facts and not shoot the messenger.

    All the issues Mr Shukla has raised are factually correct and deeply troubling for our nation.
    Its very sad how we just timidly observe injustice because it does not seem to affect us personally.
    Remember the famous words
    First they came for the socialists, and I did not speak out—because I was not a socialist.

    Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist.

    Then they came for the Jews, and I did not speak out—because I was not a Jew.

    Then they came for me—and there was no one left to speak for me.

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  3. spot on. thanks for reflecting the brutalisation that our society has gone through since and on account of Modi, the uncouth.

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  4. His speeches were unfit to b called so.He was taking classes to bursary n primary students making them repeat what he wants n incite mob frenzy.EC has no teeth to bite. SC supports EC like one patting the other.All fame of Indian Democracy is at stake.

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  5. To that first comment by Yawar I'd like to set the record straight as one of the many people in our HP Cadre who knew Avay and of his actions intimately: He was as straight, honest, non political (and brilliant) as anyone I've ever known. As mentioned, he like us all was bound by Conduct Rules not to publicly air his views, yet his written views for the record were the loudest and created consternation in the political and even bureaucratic circles of power when they wanted to do anything irregular (that he naturally and unfailingly opposed). He did far more good this way than by resigning. Sadly, he wouldn't even oblige his good friends (including me) with very easy official favors when his judgement and conscience wouldn't allow it.

    Example: While in charge of the government fleet of cars in the mid 1980s I wanted to buy shiny new ones when many new ministers were appointed. I needed Avay's clearance as in charge of finance and given our friendship (and that the ministers and secretaries all wanted the same thing) I confidently walked into his office to get this with a spring in my step and my section officer in tow. He flatly turned me down as this being a waste of government resources, and I walked out with my tail between my legs and my section officer giggling uncontrollably at my surprised discomfiture. An hour later Avay joined me and other IAS friends for lunch, and they all laughed at my expense as I expressed my hurt and (half seriously) sulked about his refusal.

    Of course, all this is trivial compared to the many courageous stands he took against his political bosses, e.g., in not awarding contracts or licenses when he felt they were unjustified or against the rules. He'd have made the best Chief Secretary but the top political leadership was ambivalent about him - wanting him for his brilliance, efficiency and good implementation of policy, but wary about his aversion to doing political favors. Because Avay was so unbending in his honesty and discharge of official duties that I'd jokingly call him Sunky, and he was sporting enough to laugh about this though he was four years my senior (that's quite a bit in our hierarchy bound system!) And a good common IPS friend of ours in this context joked that he'd write Avay had suicidal tendencies (career wise) in his CID report to the government!

    In sum, no sir, Avay is the last person you can accuse of finding his voice only after retirement.

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  6. I am not from civil service. I liked the comments and I don't believe in shooting the messenger . I think the write up should also point out the uncivil comments ( to say the least) made by opposition leaders .Thanks

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  7. We expect decorum from the PM, but i surely expect the same from the PM aspirants, all of them. Next, why should we not expect decorum from all our law makers? We should. So i too would say that Avay Shukla is being selective and hence a politically motivated piece.

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  8. A frank, objective and matter of fact article. We need more such forthright people of courage to set our nation back on the democratic path.
    I was previledged to meet Mr. Avey Shukla on several occasions in Shimla and also shared a podium with him when we presented a case for basin level catchment area treatment in the World bank auditorium in New Delhi.
    Keep up the good work Sir and do call upon me for any national cause any time.
    dd

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  11. A man's Himalayan frustration is manifested unequivocally in this, as seen in all your other rubbish pieces. The imperial ghost of elitism is ineradicable from your bloodstream. Don't forget your link with India's English ghost, the bureaucracy, the most corrupt that could create only a class of yours at the cost of laymen. For 40 years you were subservient to the ruling class with privilege of proximity to the corridor of power, which you have lost now. People of this country elected and reelected a government for ruling them. You are yet to come to terms with the reality. You seem to have thought India would be ruled only by the progeny of English Sahibs or English educated self-proclaimed intellectuals, with pipe-blowers around. Have you thought this country would be ruled only by a band of robbers and lazy bureaucrats who built their estates with favours of ruling class?
    Now you are abusing an elected reader and finding everything in dark. You will continue to feel fallen in dark, because people are not going to listen to the ghosts of imperialism and clumsy mindset of activists carrying the burden of deep despair now. Have you forgotten Indira Gandhi's rule? Have you forgotten India's three generations, who died empty stomach after independence? There was a time, basic bank account and basic telephone line were symbols of luxury. There was a finance minister, might be your fan, who made owner of basic telephone line file IT return. By the time, it was a decade of liberalisation.
    Have you forgotten the genocide in Kashmir valley and Delhi? You are only six months to 70 year now, too early to suffer a memory loss. But hypocrites seldom have memories and eyesight. So you are naturally supposed to have lost both.
    Who are you trying to impress upon by abusing an elected politician? Dont forget your own words of hate, while looking at others. Here are politicians who called Vajpayee "a liar" and Modi the "merchant of death". Don't believe people have forgotten everything. No.
    The more you try to fool the people with your verbosity, more will add to your frustration. People will vote for someone they feel electable and they like, not according to what misinterpreted lies person like you propagate. Be happy with your Faustian soliloquy.

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