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  Extra-constitutional means to defame Terror probes

Advani who tried to remain aloof from the whole issue and was in dilemma to own or disown Sadhvi Pragya Singh, now he has opened his mouth, when Pragya Singh alleged in her affidavit that she was , "physically and psychologically tortured and abused in obscene language "in custody. At this the heart of Advani melted and outrageously said, "barbaric treatment" meted out to a "spiritual person". Advani who had so far taken the "terror is terror" line, maintaining that the BJP has nothing to do with Pragya Singh and, if found guilty, she should be punished. The Prime Minister of India Mr. Manmohan Singh called Mr. L.K. Advani to allay the fear on investigation by ATS and sending the National Security Advisor Mr.M K Naryanan to meet the BJP leader on Friday to discuss the ongoing ATS probe where Intelligence Bureau ChiefMr. P C Haldar will also be present.To this Advani reportedly told the Prime Minister, "They are welcome. But no one can restrain me from reacting to such barbaric treatment to a sadhvi, sanaysin." It is yet to be seen what is going to happen after the 26th. November Religious meet in Delhi which was decided in Panipath Conclave.

All the accused under POTA in Godhra cases like Maulavi Umarji were similarly treated. Blind and boys of minor age were not spared.Their affivavites were not admitted or read.The tearsof the family members never moved the heart. Of course there is "No Remoarse". Though POTA review Panel recommended to drop the cases due to lack of evidences. The Supreme Court has also asked to drop the cases but the Godhra accused are still languishing in prison and never Advani or his comrades in arms expressed any concern for them. Now the MCOCA has been invoked on all ten accused as a part of an organised crime syndicate where the confession before the police is considered valid.. This MCOCA was made applicable in Delhi through a Home Ministry order of February 1, 200 by N.D.A. Govt.

What MCOCA can be?Death sentence or life term and a penalty of Rs 10 lakh,Special courts to try terrorism cases in time-bound manner,Bail provisions tougher than those in CrPC,Attachment of property bought by terror funds,Cops can intercept, record electronic & oral communication, Statements given to police admissible as evidence in court.

The ATS finding can be questioned. Even the Narco test is a human right violation. But, Justice Manmohan of Delhi High Court has upheld the validity of Narco analysis in view of "growing terrorism and heinous crime" and emphasising the Constitutional rights remain infringed and thorough and proper investigation be under taken.

Compensation are declared for the alleged accused arrested in Hyderabad bomb blast by Andhra Pradesh Govt. Will the same will be followed in Gujarat and other states?

What Mr. Advani and his colleagues should learn from this Malegaon Sadhvi episode that draconian laws, like POTA. MCOCA or GUJCOC can back fire. There should be a general consensus for judicial enquiry and criminal Justice and respect for human rights and democratic rights. The emergence of extra constitutional power based religious fundamentalism has to be contained to safeguard the multiculturalism tradition of our country. But Kandhmal is still on boiling pot. As per the Chief Minister of Orissa the normalcy is yet to be restored. All Orissa Bandh call has been given again this year on 25th. December. The tribal organisation headed by Kui Samaj has given a fresh call demanding the with drawl of Military force from Kandhmal. More over sordid tale of the gang rape of the nun which shocked the Nation is facing now public rape in the name of defaming Hinduism.

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