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Law doesn’t always take the right course

Rakesh Bhatnagar | Monday, March 30, 2009
<a href='/authors/rakesh-bhatnagar' style='color:#731643;#000;'>Rakesh Bhatnagar</a>
Rakesh Bhatnagar

Law doesn’t always take the right course.

This was proved during the premiership of PV Narasimha Rao, who became famous for saying, among other things, that the law will take its own course. Except that Rao was ruling the country when Babri Masjid was demolished, leading to religious riots in some parts of the country, However, he didn’t face any charge of abetting communal activities.

Rao was busy defending himself in offences relating to misuse of power. The man who knew 19 languages wasn’t convicted of any of those alleged offences.

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When Shashi Tharoor wanted Indians to sing the national anthem as Americans do, by placing one hand on the chest, he received court summons because somebody’s patriotic feelings were hurt. The petitioner couldn’t bear this insult.

Painter MF Hussain, who was recently acquitted in several criminal cases filed against him in various courts in the country, was accused by petitioners of insulting mother India through his abstract art.

Hussain went into exile, because he thought it better than fending off the absurd allegations in court. However, the painter knew that the Constitution doesn’t permit blasphemy and guarantees free speech, expression and profession. His views prevailed and the court scrapped the charges.

There’s no dearth of people who are distanced from present -day politics and criminal law and who have faced the rigmarole of law. They might argue that the law didn’t take the right course initially. Its course was corrected by the superior court.

It’s an irony that not a single person whose sensibilities were vulnerable to MF’s art or Tharoor’s way of singing the national anthem felt aggrieved when Varun Gandhi, BJP candidate from Pilibhit, sought to damn Mahatma Gandhi’s preaching as a `stupid’ statement.

We know the Mahatma believed that when someone slaps you, don’t retaliate but offer your other cheek. This was vouched by Sanjay Dutt (SP’s Lucknow candidate) in Lage Raho Munnabhai. If Varun is facing legal action for trying to spew poison at Muslims, it’s because of the Election Commission that took serious note of his speeches and lodged a complaint against him. On his part, Varun forgot the meaning of ‘surrender’ or `arrest’ but remembered the Mahatma’s mantra of courting arrest.

This is why he tried to convey he was doing a favour by surrendering. If he hadn’t done so, he could have been arrested or the court could have issued non-bailable warrants. If he had continued to be elusive, the court would have opened proceedings to declare him an `absconder’.

However, none of the ‘spirited’ citizens who feel they should defend the ethos, values and traditions of this country has initiated any legal action against Varun.

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