Rajat Sharma

My Opinion

Waqf issue : Who is trying to polarize Muslims?

AKB30 In a move aimed at polarization of Muslim votes ahead of Bihar assembly elections, opposition parties including Congress, RJD, AIMIM, Left and Prashant Kishor’s newly formed Jan Suraaj Party attended a rally organized by All India Muslim Personal Law Board to oppose the Waqf Amendment Bill. A call was given to all Muslims to “boycott” those political parties like JD(U), LJP, TDP, if they support the Bill in Parliament during voting. Muslims were asked not to accept “Saugaat-e-Modi” Eid gift hampers being distributed by BJP. At an iftar party hosted by Bihar CM Nitish Kumar, state minister Mohammed Zama Khan alleged that some Islamic clerics are trying to mislead Muslims on the Waqf issue. At the rally, most of the clerics warned that Muslims will “lose control over graves, mosques and madarsas” if the Waqf Bill was passed. The organizers announced that the next protest rally will be held in Vijaywada in Andhra Pradesh on March 29. The question is: why was this anti-Waqf Bill rally held in Patna? Those who participated did not hide their political motives. They clearly said that Islamic clerics opposing this law had gone there to “intimidate” Nitish Kumar and his allies Jitanram Manjhi and Chirag Paswan. They had gone to Patna to convey the threatening message that if these leaders did not oppose the Bill and snap ties with BJP, Muslims will not vote for them. More than 18 per cent of voters in Bihar are Muslims. There are 47 out of a total of 243 assembly seats where Muslim vote is the deciding factor. For Nitish Kumar, the combination of Maha Dalits and Muslims had been working successfully in Bihar over the years. Muslims had been supporting Nitish Kumar’s party despite his alliance with BJP. This is the reason why Nitish Kumar, Jitanram Manjhi and Chirag Paswan paid little attention to this threat. On the other hand, BJP leaders are trying to convince Muslims that the Waqf matter is an issue related to only a handful of rich Muslims, and poor Muslims have nothing to do with Waqf properties. The fire is raging from both sides and till the time elections are over in Bihar, this issue may continue to reverberate.

Punjab’s census on drug addiction : A welcome step

Punjab will hold its first-ever census on drug addiction. The state government will collect data on drug addiction, de-addiction centres and socio-economic status of those families affected. Rs 150 crore has been earmarked in the state budget presented in the Assembly. Finance Minister Harpal Singh Cheema, while presenting the budget, said, this will help the government to prepare an effective strategy to root out drug addiction. The state government will recruit 5,000 home guards to stop smuggling of drugs from Pakistan. Any action against drug mafia in Punjab is a welcome step. This should have been done long back. Last week, Home Minister Amit Shah made some disclosures about drug seizures. These are astonishing. He gave a comparison of drug seizures during UPA rule from 2004 to 2014, and during NDA rule from 2014 till 2025. He said, during Congress’ 10-year rule 25 lakh kilograms of drugs worth Rs 40,000 crore were seized, while in the last ten years, more than a crore kilograms of drugs worth Rs 1.5 lakh crore have been seized. Amit Shah said, this was possible because the investigation procedure has now changed during BJP rule. During Congress rule, Shah said, 3.36 lakh kg drugs were burnt, while during BJP rule, 31 lakh kg drugs were burnt. The Home Minister said, during Congress rule, 1.73 lakh cases were filed against drug peddlers, while in the last 10 years, 6.56 lakh cases were filed. It is not a matter of statistics. In the new policy being implemented by Amit Shah, drugs buyer is now considered a victim, while drugs peddler is considered a culprit. Earlier, people from whom drugs were seized, used to be arrested, but presently, those selling or supplying drugs are arrested. I think, this is a welcome change which should be applauded.

Why police delayed action in Judge’s cash case ?

On instructions from the three-judge inhouse inquiry panel appointed by Supreme Court, a team of Delhi Police on Wednesday sealed the storeroom in Justice Yashwant Varma’s official residence, 12 days after half-burnt currency notes were found after a fire incident. The police team made a video of the storeroom before sealing it. When Delhi Police entered the judge’s residence and sealed the storeroom, one question that everyone asked was why police delayed in sealing the room. One must understand the compulsions of police in such matters. The hands of police are tied when matters relate to taking action against any judge. This curb was imposed by Justice Venkatachaliah in 1994, when it was clearly instructed that police can neither file an FIR against any judge, nor file a case. If the judge belongs to High Court, then police must take prior permission from the HC Chief Justice, and if the judge belonged to Supreme Court, permission must be sought from the Chief Justice of India. There are other curbs too in matters relating to judges. As per rules, police cannot arrest a judge, nor can it record a judge’s statement, or prepare a ‘panchnama’ (recovery list) or carry out a medical test, without the presence of his legal adviser, and that too, unless permission is given. To put it briefly, a police officer will have to think ten times before taking any action against a judge. The police officer has to take permission from the judiciary. When half-burnt currency notes were found from the judge’s residence on March 14, only a video of some burnt notes were shown. Police could not do anything else at the spot. Neither could it take any statement, nor could it prepare a ‘panchnama’. The action of sealing of store room was done by police only after it got instructions from the SC-appointed three-judge inquiry panel. This was done only to help the panel in its probe. How can police be blamed for this delay?

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“Saugat-e-Modi”: Is it for Muslim votes?

AKB30 In a major outreach to economically backward Muslims, BJP’s Minority Morcha has launched “Saugat-e-Modi” scheme, under which Eid gift packs will be given to 32 lakh Muslims through 32,000 mosques across the country. On Tuesday, these gift kits, containing besan, vermicelli, dates, dry fruits, sugar, salwar-suit fabric for men, kurta-pyjama fabric for men, were distributed in Delhi and Navi Mumbai. 100 needy persons will be identified with the help of each mosque committee for receiving the gift pack. At a time when iftar parties are being held by political parties during the month of Ramzan, BJP has opted to distribute these gift packs. Each office bearer of the Minority Morcha will identify 100 needy persons from a mosque with the help of the mosque committee and will deliver the “Saugaat-e-Modi” kit to them as a gift. Congress leader Imran Masood described this as a “lollypop for Muslims”, while other opposition leaders said this scheme has been launched with an eye on forthcoming Bihar assembly elections. All India Imam Association president Sajid Rashidi welcomed this scheme and hoped Muslims would at least get a closer look for once at BJP for their own benefit. I fail to understand what opposition leaders think when they say these gift packs are for securing Muslims votes. What do they think of Muslims? Will a Muslim come out to vote for BJP because of a packet of vermicelli, dates and dry fruits? If these leaders think so, then let all other parties distribute similar gift packs to poor Muslims on the eve of Eid. Why didn’t they think about this earlier? I think, everybody should welcome such gifts for the poor at the time of festivals. No need to politicize such moves.

Cash of the Judge: is it time for a relook at NJAC ?

The Chief Justice of Supreme Court on Wednesday declined to give an urgent hearing relating to a plea by a lawyer seeking direction to Delhi Police to file an FIR over the discovery of semi-burnt currency notes from the residence of Delhi High Court judge Yashwant Varma. The CJI told the petitioner-advocate to confirm from the Supreme Court Registry the date of hearing on his petition. Meanwhile, the three-judge inquiry panel, after visiting the storeroom of the judge’s residence on Tuesday, has decided to check phone call details of the judge. In Prayagraj, Allahabad High Court lawyers have gone on indefinite strike to protest transfer of Justice Varma to their high court. On an average, 10 to 15,000 cases are heard daily before 88 benches of the high court. Meanwhile, several retired judges have said, given the present collegium system, there is little possibility of any concrete solution emerging from this issue soon. Retired Justice S N Dhingra on India TV show demanded that the National Judicial Appointments Commission Act, that was struck down by the apex court in 2015, be revived. Legal experts say, no FIR can be filed by police unless the inhouse inquiry panel completes its work. The moot point is: there is still no clarify about who will investigate and prosecute a judge if any charge of corruption arises. Judiciary does not want to give these powers to police or CBI, and at the same time, it has no investigation agency of its own. Secondly, no matter howsoever serious the matter is, Supreme Court has no other alternative but to transfer the judge. When the NJAC Bill came before Parliament, the debate was only confined to appointment of judges, but the Act was turned down by the apex court. There was no discussion about whether the Bill should contain provisions on how to go ahead in matters of corruption in judiciary. Parliament will now have to consider this afresh and enact a law, but it would be better if the views of former Supreme Court judges are taken into consideration. Several retired judges feel that the NJAC law was a good one and the Supreme Court, instead of striking down the Act, could have stepped forward to correct any deficiencies it might have noticed in that law. Let bygones be bygones. A fresh thinking on this issue is required.

Congress in Bihar: Pressure tactics for more seats ?

The absence of Congress leaders at RJD founder Lalu Prasad Yadav’s iftar party in Patna has become the talk of the town. Lalu had hosted an iftar party on Monday in which leaders of Muslim organisations, RJD and Left parties took part, but only one out of 19 Congress MLAs was present. Ruling JD(U) leaders claimed that this is clear indication of a major rift in RJD-led Maha Gathbandhan (grand alliance). They said, Congress may break away from the alliance anytime and announce that it would go alone in the Assembly polls. Rahul Gandhi had convened a meeting of Bihar Congress leaders in Delhi and most of them were out of town. At the meeting, Congress MPs and MLAs from Bihar were present along with party chief Mallikarjun Kharge, Rahul Gandhi, newly appointed state Congress chief Rajesh Kumar and Bihar incharge Krishna Allavaru. At the meeting, Rahul Gandhi said, Congress will fight the Bihar polls in alliance with RJD, but Congress would try to get more seats this time. It seems Rahul Gandhi wants Bihar Congress to get out of RJD’s shadow, but Congress leaders know that the party unit in Bihar is not in a position to fight elections on its own. Congress high command is now applying pressure tactics. While party leaders say, Congress will be part of alliance, it is demanding 70 seats in Bihar, which RJD may not be willing to give.

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Will Congress bring ‘Acche Din’ for Muslims by changing Constitution?

AKB30 Karnataka Deputy Chief Minister D K Shivakumar’s remark about changing the Constitution to accommodate four per cent reservation for Muslims in the state caused a huge uproar in Parliament. Ruling party BJP forced repeated adjournments in Lok Sabha and Rajya Sabha. Parliamentary Affairs Minister Kiren Rijiju demanded clarification from Congress saying such a remark was unacceptable. Rijiju said, it was the Muslim League before Independence which demanded reservation for Muslims and this led to the Partition of India. In Rajya Sabha, Leader of the House J P Nadda said, giving 4 pc reservation to Muslims in contracts goes against the principle of not granting quota on the basis of religion. He said, it was never advocated by Dr B R Ambedkar and Sardar Patel. Leader of Opposition Mallikarjun Kharge said, no such remark about changing Constitution was made by any of his party leaders. Later, Shivakumar denied making any comment regarding changing the Constitution and claimed that he was misquoted. Shivakumar said, “I casually said there will be so many changes after various judgments. Whatever reservation has given (to Muslims) is as per the quota for backward classes. I have never said that we will change Constitution”. What D K Shivakumar said earlier was, “Yes, I agree. Let us see what the court says. We have made a beginning. I know people will go to court. Let’s wait for ‘acchhe din’. ‘Achhe Din’ will come. There are many such changes. The Constitution will change. There are decisions that change the Constitution”. After listening to this, Shivakumar’s denial or clarification has no meaning. Nor is any clarification required from Congress. Shivakumar was asked a question about quota for Muslims and he clearly said, Constitution will change. The decision to give 4 pc reservation to Muslims in contracts is one which can bring changes in Constitution. Either he made this remark mistakenly or later he realized that he made a mistake. It is up to Shivakumar to decide. The moot point is that he had clearly spoken about changing the Constitution.

Cash for Judge : Judiciary needs a foolproof system to punish the guilty

The three-member probe panel formed by Chief Justice of India visited the official residence of Justice Yashwant Varma in Delhi on Tuesday morning to conduct an on-the-spot investigation into the fire incident in which a huge pile of cash was reportedly found burnt on the day of Holi. The committee members are, Punjab and Haryana High Court Chief Justice Sheel Nagu, Himachal Pradesh High Court Chief Justice GS Sandhawalia, and Karnataka High Court judge Justice Anu Sivaraman. The Supreme Court collegium has recommended transfer of Justice Varma to Allahabad High Court, triggering protest by the HC Bar Association there. In Rajya Sabha, Chairman Jagdeep Dhankhar had a meeting with Leader of the House J P Nadda and Leader of Opposition Mallikarjun Kharge and said that it would be better to wait for the probe panel report, but at the same parties, all parties should sit together to ensure that the reputation of judiciary is not harmed. Already questions are being raised in public on the issue of transparency in judiciary. Dhankhar pointed out that Parliament, and assemblies of 16 states, had enacted the National Judicial Accountability Commission law which was struck down by the Supreme Court by a 4:1 judgement in 2015. Most of the political parties are of the opinion that accountability of judges must be fixed. Normally, when cash is found, the matter is handed over either to the police or CBI, which have the expertise to probe such matters. But former CJI Chandrachud has cited compulsions in the name of ensuring independence of judiciary. Matters related to judges are not handed over to police. Neither the Supreme Court nor the High Court is an investigation agency. Court officers were sent to take the statement of Delhi Fire Services chief after the incident. Firemen had noticed burnt currency notes after the fire was brought under control and they had made a video of it. What the Fire Services has said in its statement is alarming. The last sentence in the statement says, “After bringing fire under control, 4-5 half-burnt stacks were found which contained Indian currency notes”. There is no scope for any doubt after this. But the question is, where did the half-burnt currency notes vanish? Were there any other stack containing unburnt currency notes? Who took away those unburnt currency notes? Why didn’t Delhi Police seal the site after currency notes were found? All such questions need answers. There is no doubt that the Supreme Court collegium did everything in a transparent manner in the matter of Justice Yashwant Varma. All documents and videos were uploaded on its website. The question now is, why was Justice Varma transferred to Allahabad HC after all this? Why was the judge facing charges of having a pile of cash, with prima facie evidence available, not suspended? It was former CJI Y V Chandrachud who answered this question. He pointed out that the court has no powers other than transferring a judge. There is no other method of giving punishment to judges. After the inquiry is over and if the judge is found guilty, the CJI can ask Justice Varma to resign. If the judge refuses to resign, the CJI can recommended his impeachment. The impeachment process is lengthy. The moot point is, there is need for change in the method to deal with such cases. Indian judiciary needs a proper system for preventing corruption, carrying out investigation and giving punishment. Let us hope, some solid solution will emerge from this case.

Kunal Kamra’s abusive remarks : Let courts decide

Mumbai Police has issued summons to standup comedian Kunal Kamra to appear before the investigating officer in Khar police station in connection with his “gaddar” remark against Maharashtra deputy CM Eknath Shinde. Kamra has sought a week’s time. Meanwhile Kamra’s studio has been closed indefinitely while a team of BMC went to the studio and demolished “illegal” portions with gas cutter and hammer. All 12 Shiv Sainiks arrested for vandalizing the studio have come out on bail. Shiv Sena (UBT) has come out openly in support of Kamra. Kunal Kamra has said that he was ready to tender apology if asked to do so by court. Kunal Kamra had described Eknath Shinde as “gaddar”, “Chor”. Uddhav Thackeray and Sanjay Raut have hurled the same abuses against Eknath Shinde hundreds of times. Uddhav had gone to the extent of naming Shinde as “Khokha Chor”, and Shinde has also described Uddhav Thackeray as ‘Asli Gaddar”, “Dhokeybaaz”. Both these leaders have no right to take umbrage over such abuses. It is true that Kunal Kamra has crossed the limits of decency several times in his shows, but there are laws and courts to deal with such incidents. If Kunal Kamra misused freedom of expression, then the complaint should have been lodged in court, but how can anybody allow Shinde’s supporters to take law into their own hands? Being a part of the ruling alliance in Maharashtra does not give Shinde’s supporters the licence to indulge in vandalism. It would be better if we leave it to the courts to decide about a comedian’s remarks. If those who are supposed to run the government break laws, then anarchy will prevail.

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AKB

Waqf Bill : Are Maulanas misguiding Muslims?

AKBAll India Muslim Personal Law Board, along with other Islamic clerics, has given a call to Muslims to assemble at Delhi’s Jantar Mantar on March 13. The timing is significant. Hindus will celebrate Holika Dahan on this day, a day before Holi. Top Muslim leaders like Safullah Rahmani, Obaidullah Azmi, Maulana Kalbe Jawwad, AIMIM chief Asaduddin Owaisi and Imran Masood have been telling Muslims that if the Waqf Act was amended, the community will lose most of the Waqf properties like madrasa, kabristan land, etc. The government will take over these properties, they say. But few Muslims know that Waqf amendment bill has nothing to do with the properties of Muslim commoners. Muslims believe what Owaisi and Rahmani are saying only because they have not read the provisions of the bill. The Centre says, the bill has been brought to regulate only Waqf properties. Waqf boards shall remain as they are. The only difference will be, waqf boards will not have the power to acquire whichever land they claim. The bill also has provisions to prevent misappropriation of waqf properties by waqf boards and women will have representation in waqf boards. The path will now be open to remove illegal acquisition of land by waqf boards. Till now, waqf boards had a monopoly. This will come to an end. The government says, the new law will provide the right to challenge the decision of waqf boards in courts. And now the main question arises: How will the Muslim community lose its mosques? How will Muslims lose their control over madrasas and kabristan land? The ground reality is, some individuals have been controlling billions of rupees worth waqf properties, and they have been earning crores of rupees from these properties. This game will now end. That is why these individuals are worried and they are trying to incite their Muslim brethren. This matter relates to waqf boards only, but these leaders are reminding Muslims about Babri mosque, Gyanvapi mosque and Sambhal Jama Masjid.

Bageshwar Baba: Why RJD has a problem with him?

Bageshwar Dham chief Dhirendra Shastri has angered RJD and Congress leaders in Bihar because of his pro-Hindutva remarks. In an interview to India TV, Dhirendra Shastri said, he has come to Bihar for only five days, but if these parties start a campaign against him, he will stay put in Bihar by setting up a ‘math’ (monastery). Shastri said, he will continue his mission to make Bharat a Hindu Rashtra. RJD MLA Mukesh Roshan demanded that Shastri be arrested and jailed. One thing is clear. RJD leaders in Bihar are worried over the presence of Bageshwar Dham chief, who is campaigning for Hindu unity. RJD leaders find these remarks as similar to ‘bantenge toh katenge’ slogan. That is why some of these leaders are demanding that the Baba be thrown into jail. I know Acharya Dhirendra Shastri. He is not among those who can be easily cowed down. People’s support is his strength. If these leaders continue to needle him, the Baba will stay put in Bihar and opposition parties like RJD and Congress will find it problematic.

Nitish Kumar Ko Gussa Kyun Aata Hai?

Bihar chief minister Nitish Kumar lost his cool in Vidhan Parishad on Thursday, when a lady RJD MLA, during question hour, spoke about the poor conditions of education in govt schools. The CM suddenly stood up and told the lady MLA that her party is “a party of illiterates that did nothing for education in Bihar when it was in power.” Pointing towards Rabri Devi, the CM said, “when her husband went to jail, he made his wife the CM”. Lalu Yadav’s son and RJD leader Tejashwi Yadav criticized Nitish Kumar for making such a remark against his mother. He said, it reflects the level of frustration in the mind of the CM. Tejashwi Yadav is right. Nitish Kumar has been making disparaging remarks nowadays. I know Nitish Kumar personally since decades. This is not his normal behaviour. Nitish Kumar always speaks in a dignified and polite manner. But now, I notice a fundamental change in his behaviour. He flares up easily, and at times crosses the limits of decency. I am not only surprised. I feel bad.

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