Wednesday, 8 April 2015

Condemned undefended and unheard


I was condemned by both Houses of Parliament for my statements on Gandhi and Subhas Chandra Bose, without giving me a hearing and an opportunity to defend myself. The rules of natural justice, and elementary decency, require that no one should be condemned unheard.. But I suppose that I did not deserve even that.

 I am presently in America, and was here when I came to know of the resolutions against me. So I sent emails to three of the top lawyers of India, who are practising in the Supreme Court, requesting them to file writ petitions in the Supreme Court on my behalf, challenging these resolutions on the ground that they violate my fundamental rights under Articles 14, 19(1)(a) and 21 of the Constitution.

 They violate Article 14 because it has been held by the Supreme Court in Maneka Gandhi vs.Union of India,A.I.R. 1978 S.C.597 that violation of natural justice is violation of Article 14. They violate Article 19(1)(a) because that provision gives me freedom of speech. And they violate Article 21 because Article 21 has been interpreted by the Supreme Court to include the right to one's reputation.

 The first of these three lawyers ( I am not disclosing their names ) sent this reply to me :

" I am sorry I cannot file this case as I am strongly of the view that you were totally wrong in saying what you said about Mahatma Gandhi. He rightly felt that Indians could not fight the mighty British through armed revolutionaries as they could be easily crushed by the British Army.He therefore developed the novel technique of Satyagraha which would by its force create a world opinion in favour of Indian independence.I have never accepted to argue a case in which my client was morally very wrong.Though I have always held you in high esteem as a crusader against corruption I am sorry I shall not be able to help you in this case. ".

 The second lawyer replied by refusing my request without giving any reason. The third did not even reply to my email. There was a fourth top lawyer of India whom i did not approach as he had already condemned me by tweeting against me on the issue.

 I then decided that since lawyers seemed to be unwilling to defend me, I should defend myself, and seek a post decisional hearing from Parliament. So I obtained the email ids of the  Chairman of the Rajya Sabha, Mr. Hamid Ansari, and the Speaker of the Lok Sabha, Ms. Sumitra Mahajan, and sent them emails requesting for a hearing by both Houses. Neither Mr. Ansari nor Ms.Mahajan showed me the courtesy of a reply.

 Will no one defend me ? And will I not even be allowed to defend myself ?