My Lords, Beware of delay tactics | Faraz Ahmad

My Lords, please don’t trust this untrustworthy Government of liars and fibbers.

Please remember how the Solicitor General of India Tushar Mehta had assured this apex court that statehood would be restored in the state of Jammu and Kashmir, minus Ladakh soon asking the court not to pass an order binding the Government. Jammu and Kashmir the only state in the history of independent India whose statehood was snatched and reduced to a Union Territory (UT) with one stroke of pen of this Government, continues to be ruled by the Centre from Delhi through the office of the Lieutenant Governor. To date the elected government of J&K remains crippled and powerless because despite its best efforts the BJP Government at the centre failed in its objective of politically undermining the demographically larger Kashmir valley and installing a BJP or BJP-led government in J&K. There is still no word from Prime Minister Narendra Modi or Union Home Miniter Amit Shah on when, if at all, statehood will be restored to Jammu and Kashmir. My hunch is, never under this regime. And the probability of the BJP-RSS regime going out of power ever in the foreseeable future looks virtually impossible. So, we can say goodbye to the only Muslim majority state in India ever being allowed to govern itself. And the role of the Lt. Governor under this Government is in any case, partisan and suspect. See how the Lt. Governor of Delhi, himself accused of leading in March, 2002, a mob of BJP men against social activist Medha Patkar’s peace initiative in Ahmedabad post mayhem and carnage of Muslims post-Godhra train burning of February, 2002, under Modi’s Gujarat regime was given a free rein to subvert and sabotage the AAP government in Delhi. V.K. Saxena was therefore consciously chosen to sabotage the AAP government in Delhi.

On May 11, 2023 the AAP government of Delhi sought the Supreme Court intervention over the LG’s constant interference in Delhi affairs. Law and Order and Land has all along been under the authority of the LG as representative of the state. A five-judge bench of the Supreme Court led by former Chief Justice D.Y. Chandrachud ruled unanimously that “The legislative power of NCT Delhi under Entry 41 would extend to IAS and it shall control them even if they are not recruited by the NCT Delhi. However, it would not extend to the services which comes under land, law and order and police. Lieutenant Governor (LG) shall be bound by the decision of NCT Delhi over services apart from land, police and law and order.”

Within days, on May 19 the Modi government enforced an Ordinance which later became an Act in August that year, overriding the apex court order that only Delhi’s elected government has authority over civil servants. The court also ruled that except for issues linked to land, police and public order, the lieutenant governor has “no independent decision-making powers” under the Constitution.

Appropriating all the powers from the elected government and depositing these with the LG, the Act stated, “Delhi being the capital of India has a unique status and certain distinguished features and there is need to promote the national interests without compromising the aspirations of the residents of Delhi. Article 1 of the Constitution defines the territory of India, comprising of States and Union territories and article 1 read with article 239 provides that the Union territories are to be governed solely by the President.”

Next, in the case of choosing the Election Commissioners again the Modi government defied the Supreme Court which had specifically directed that the committee to select the prospective election commissioner comprise of the Prime Minister, the Leader of Opposition and the Chief Justice of India or his nominee as the case may be. Immediately thereafter the Government passed the “The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023”, to replace the existing Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 and overturning the Supreme Court verdict.

That is why when this Government through the Solicitor General pressed upon the apex court bench to delay the passing of an order staying the Waqf Act till the final disposal of the case and sought some time to submit an affidavit to counter the arguments challenging the Act, it appeared as a deliberate, conscious delay tactic, while in the meantime discreetly have at least BJP ruled states implement its provisions concerning the government appropriation of “Waqf by User” properties. Much before this Act came, in 2023 the New Delhi Municipal Council (NDMC) pasted a notice on the Sunehri Bagh Masjid on the roundabout across Udyog Bhawan to demolish it. When the Masjid management approached the Delhi High Court, the NDMC denied any such intention, but a dargah right opposite it called the Sunehri Bagh dargah was demolished and a urinal now stands over it, used mainly by the security staff and other policemen on duty there. But while the Masjid has not yet been demolished, offering prayers there is prohibited and after sometime the government may go to court saying it is a mere traffic nuisance, the original argument for removing this 17th century mosque. Another masjid right across the gate of Parliament on Red Cross Road and Parliament Street roundabout where former President Fakhruddin Ali Ahmed is buried has also become out of bounds for those wanting to pray since no traffic is allowed to turn from Rafi Marg on to Red cross Road. Former NDA Minister Shahnawaz Husain used to regularly offer his prayers there. Another masjid right inside Krishi Bhawan is also out of bounds for the namazis after office hours, disclosed my driver who has to rush all the way to Janpath to offer his prayers when I spend my evenings at the Press Club.

The crux of the matter is that Justice Sanjeev Khanna is due to retire on May 13. His prospective successor Justice B.R. Gavai too has a small tenure of a few months due for retirement in November this year. By this time who will remember Waqf issue. All will be forgotten and this Government will then happily steamroll this Act.