Coming straight to the nub of the matter, it is indisputable and unquestionable that urban Naxals who are either professors or lawyers or in any other profession cannot be allowed to disintegrate India by secretly colluding with foreign powers as we have been seeing happening actually in our country since last many decades! Supreme Court is hundred percent right when it says that every Indian has a right to dissent! But it must be added here that right to dissent does not and cannot include under any circumstances the right to disintegrate India by doing all those acts which directly threaten the unity and integrity of India and harm in any manner the supreme national interests of our country which cannot be allowed to be compromised under any circumstances! I am sure Supreme Court too will never permit anyone to say that right to dissent includes the right to disintegrate India!
No court not even Supreme Court of India, no government not even Central Government, no law, no Constitution, no Farooq Abdullah, no Mehbooba Sayeed, no Sanjeev Sirohi or anyone else can be above the unity and integrity of India under any circumstances! This alone explains why the freedom of speech and expression under Article 19 of our Constitution is also subject to certain restrictions and very rightly so! National interests must always reign supreme and not the vested political interests of any political leader or anyone else just because they threaten to envelope India in “a never ending internal war” if their anti-national demands are not met by Centre! Also if few parties boycott elections that will not sound the death knell of democracy in our country because there are other parties who will immediately fill the void left by them! But Centre must never surrender national interests in front of them and just like Pakistan has merged PoK with Pakistan must waste no time in ensuring the “full, firm and final” merger of the whole of Jammu and Kashmir with India! Centre must start treating J&K as an integral part of India and abolish all such laws which have only served to alienate the people of J&K from India! The former CJI JS Khehar had very rightly said while he was CJI that, “How can one nation have two laws, two Constitutions, two flags and two sets of rules?” But most unfortunately this is what has been allowed in our country since last more than 70 years which under no circumstances can ever be justified!
Needless to say, police have dismissed the allegation of left-leaning intellectuals that arrests represented an attempt to curb dissent. “The material gathered from others based upon which the five accused persons named herein above are arrested, clearly show that they were involved in selecting and encouraging cadres to go underground in ‘struggle area’, mobilising and distributing money, facilitating selection and purchase of arms, deciding the rates of such arms and suggesting the routes and ways of smuggling such arms into India for its onward distribution amongst the cadres,” ACP Shivaji Panditrao Pawar of Pune Police said in an affidavit. He also revealed that, “Some of them have suggested training and laying of booby-traps and directional mines. They are also found to be providing strategic inputs in furtherance of the objective of armed rebellion as per the strategic document of the banned terrorist organization, named CPI(Maoist).” It will not be an exaggeration if I say that if what has been stated in the affidavit by ACP Shivaji Panditrao Pawar of Pune Police is actually true then these so called “left-leaning intellectuals” are more dangerous than Naxalites themselves because they are directly responsible for ensuring that Naxalites are provided help in all possible manner to kill innocents and to overthrow democracy from our country which is their real objective! How can any good and patriotic citizen of India ever support such anti-national acts under any circumstances?
Truth be told, while seeking custodial interrogation of the five, the Pune Police said that, “The house arrest merely restricts the physical movement of the accused but he can always ensure, not only destruction of evidence elsewhere, but can alert other potential accused while sitting in his home.” Pune Police also pointed out that, “The arrest of accused persons is also for the reason that they are required for custodial interrogation and prevented from not only destroying further evidence, but giving the leads to other accused persons to whom the investigating agencies could have reached.” Pune Police certainly has a valid point and all courts from bottom to top must always bear this in mind before ruling on such a sensitive case which has a direct bearing on the unity and integrity of India!
It also cannot be lost on us that submitting video and other alleged incriminating material in sealed cover for perusal of the court, the Pune Police said the five ‘activists’ were arrested as evidence pointed to the fact that they “were part of the criminal conspiracy and their role was not merely peripheral. Pune Police also pointed out that, “They were found to be playing a very vital role in the criminal offences committed and/or planned by others.” How can all this be lightly dismissed?
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.