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Published : July 29, 2015 | Author : bhanwaradityajadon
Category : Miscellaneous | Total Views : 1491 | Rating :

have done LLB from Campus law center, university of Delhi , LLM from Indian Law institute, supreme court , New Delhi,CS(F) from ICSI, new Delhi, PGD in IPR from Indian Law institute, New Delhi, Practicing in Supreme Court, Delhi High Court, M.P.High Court, bench at Gwalior, CAT, Consumer Commissions and other Tribunals including M.P. Revenue Board at Gwalior.

Blowing A Whistle - A Paper Tiger

‘you cannot hold me back’- this was an answer of shiv, my friend on a telephonic conversion. Probably, someone must have threatened him to keep at bay from the illegal activities of the sand mafia mushrooming in the vicinities of the Chambal ravines but he was more reluctant than ever. During my quizzing, he argued that he was duty bound morally to unveil the unholy nexus causing sand being mined illegally. Little did I know that during recent yester years, his real brother succumbed to his injuries inflicted by the sand mafia of the Chambal ravines. For some time I kept listening to him but then pointed that apart from his moral duties, he has a family, totally dependent on him but he remained unmoved by my otherwise convincing contentions. Looking at him, I sensed something unusual could be round the corner and that unusual happening was encountered by myself on the next morning when I woke up only to be realized that shiv has left for the heavenly abode and an hour later, I was at the side of the funeral pyre on which his pious body was laid. I wondered as to what use my advocacy is, if I failed to convince shiv. I regretted and doubted my ability to bring out convincing arguments.

As I went deep into melancholic drain, I recounted the instances of encounters with shiv where he used to chant convincing contentions which were sufficient to move many and I was no exception to it. He idolized Sh. Arvind Kejriwal, the present Chief Minister of Delhi and a prestigious Magsaysay Awardee. He also recounted the struggle which laid behind passing of the Right to Information Act, 2005 but he was either not as planned as the Delhi’s Chief Minister or as lucky as the later. One must not forget that Mr Kejriwal destiny is decided by his act of blowing a whistle.

Although I was at the funeral, but my neurons were becoming increasingly restive as to what propel such instances and why, every now and then, the law and the law makers succumb to the corrupt bourgeoisie and law itself becomes the proletariat in the hands of corruption. It was this neurological dilemma that initiated a questionnaire within myself and my expressions became the slave of my cognitive faculties who were not probably concerned with the occasion but were more concerned as to why such things were still had-in-glove with the so-called civic society.

Is the Whistle blower an Informer?

In the ravines of Chambal, a mukhber (informer) as locally called, is increasingly being used as synonym to the Whistle Blower. Not many people know that informer is premised on the edifice laid in the betrayal whereas the whistle blower is founded on the principle of social well-being. In fact, the term Whistle blower was propounded by Ralph Nader, a civic activist in the United Sates, in 1970 with an intention to make Whistle Blower, a totally dichotomous to the pejorative connotations as enshrined in the word informer.

I wonder if shiv wasn’t an informer, why he was targeted and why not the so called civic attributes within ourselves not able to protect the people who die for the social cause. Probably, this kind of genocide across the globe is perpetrating the messages that these people who are getting murdered are informers and not whistle blowers. In order to prove the contrary, the governments across the world has to make a vigorous endeavor so that the general public may epitomizes the government as a protector and not as a colluder conspiring with the corrupt aggressor(s).

Are laws enough to protect?

I am recalled of a landmark instance whereby one of the prominent whistle Blower, Satyendra Dubey, was murdered in 2003.In the letter to the, then, Prime minister of India, he requested that his name should not be revealed. This request was mocked to an extent that not just his name but the whole letter and the contents thereto became the gossip of the common man and the person was killed shortly thereafter making a deterrent effect on all those people who might have intended to tread on the same path.

In the aftermath of the murder of Satyendra Dubey, the Hon’ble Supreme Court held that an identity of the Whistle Blower shall not be revealed and the very decision could have inculcated a notion in the kith and kin of Satyendra Dubey that why such law wasn’t in force prior to 2003. It is here I feel incumbent to convey that even the decision of Supreme Court could not have saved Satyendra Dubey as the funeral pyre right in front of my eyes is contemporary to what have already been evidenced in 2003.

The irony is that although the aforesaid incident propelled the legislative wheel to come out with a law protecting the people uprooting corruption but even after the Whistle Blower bill transforming into an act on 9th May, 2014, it is still being awaited to see the light of the day.

Why Judiciary remains a mute spectator?

As far as I recall, it was only after the horrendous incidence of brutality in 2003, the Hon’ble Supreme Court was set in motion but the said propelling was obstructed by the hurdles created by the law itself. The Hon’ble Supreme Court issued an order vide which the Central vigilance commission was bestowed as the nodal agency to receive public-interest disclosures through government resolution. I wonder if the judiciary started in this fashion, what went wrong post facto as the Court refused to frame guidelines asserting that Judiciary does not have the mandate to make laws, it can only interpret it.

As I was engrossed with the questionnaire patronized by my neurological genre, I noticed some smoke, quite apparently, was flowing out of the funeral pyre which was eventually marked by people bidding their terminal good bye to my friend, shiv.

Challenging the invincible is the most onerous task but downsizing the impact of invincibility at times becomes so apparently inevitable that the person challenging the invincible corrupt bourgeoisie may not sense the danger while treading on the path of truth in order to uproot the corruption.

However, a Government should understand that it is not the Government but the general masses who are the bourgeoisie in the real sense and any kind of red-tapism, favoritism and corruption will not render the Government to usurp the powers of the General public to its advantage at the detriment of the People.


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