Tuesday, March 26, 2013

Nayak Nahi(n) Khal Nayak hai yeh

Sanju has sufferred a lot in this 20 years.  He could not get bank loans. People did not make movies with him earlier.  His parents entertained jawans. He acted as Mahatma Gandhi.  So Mr. Governor please pardon him. Thus plead eminent voices.  When asked defend those voices it is pardon procedure that is outside the realm of criminal procedure. Whatever the SC upholded and sentenced is correct.  Quote these eminent voices, articles and sections on why Governor can commute the 5 years sentence (yeah these are not plead to commute death to life imprisonment, but 5 years to 1.5years).  Use of articles, quotation of constituationality versus Criminality etc makes me to feel that otherwise narrow-emotional, not-strongly reasoned plea to get some sort of legitimization.  When confronted with voice by likes of Mahesh Jethmalani that Governor does not have constitutional power but that might probably reside with the President, jumps these eminient voices stating that these are technicalities.  If so even the attempt to give gyaan in first paragraph of plea is also technicality statement, why would a pleader quote whether the addressee has powers or not under some section?

Now lets come to sufferings, no loans, good parents, character play etc.  Many have questioned them.  Can these eminent voices plea for getting extra property from govt, for the civil suit winner, which s/he could not enjoy his/her property for the 30 years during the trial period and justice was delivered excurciatingly 30 years later and all through this period the winner who is legitimate title holder went through all hard ship and could not enjoy his/her property?  So during this 20 years where 18.5 years Sanju bhai was freely roaming where he is indeed the convict but the burden was more on the prosecution, why would these voices raise to his support? May be their heart bleed for those who are culprits/convicts.  This is wrong understanding of what Jesus Christ stood for (when he roamed in this earth with physical body) and stands for eternally.  Jesus's heart bleeds even for wrong doer and not only for wrong doers.  Oh..yeah he had to go to court to get permission to travel abroad...if that is the case, oh! eminient voices, even those who undergo similar criminal cases who finally found not guilty faced more such hardships why we could not hear such eminent voices then is a mystery.  Loans and Movies issues are faced by every actors at all time; if not this criminal case there would have been definitely phases in his career where he would have been waiting for roles.  None were having peak movie counts throughout one's carrier there were ups and downs in everyones carrier in movies.  Is this a reason for sentence commutation?  Bank loans are rejected even to those who want to pursue higher studies are they not higher degree sufferers than a convicted criminal?

So far the pardoning procedures have used only the circumstances of the crime, mentality of the individual etc for pardoning and not their parents' affluence and deeds.  It is pardoning procedures oh eminent voices not half-baked understanding of karma theory of hinduism.

Munnabhai was not charitable cause act.  Shivaji Ganesan and many stars of erstwhile have done acts for our jawans and others, leave alone the pardoning procedure, even the income tax department did not write off their legitimate to-be-paid tax, why should Governors and President has to do it on such film(s)y ground?! 

Also these eminent voices quote sanskrit shlokas that mean "merely application of shastra (procedures/techincalities) without dharma (charitable/equitable) view is incorrect".  But oh! the voices who bear the name of that who won the life from procedure of death by view of charity/equity of almighty, who else knows better that "dharmo rakshati rakshitaha (charity/equitable view saves one who saves it)".  There is no guarantee given in scriptures that dharma will save those who go against it.  Even in such trial situations dharma and almighty commute only death to life and not allow one to go scot free.  I dont think Sanju bhai was trying to save swa dharma/sanatana dharma when he allowed people to use his place for safe-guarding deadly mass killing weapons; when he thought of procurring some of them (contrary to the proportion of stated threat to swa (self) or family), when he would have to go to the same group for getting bullets for such weapons, when he still had contact with the same group 10 years later which indicates that he knew what they did and how henious they are, when he did not even once, till now condemn (leave condemnation, hasn't even distanced himself) from the kingpin of those groups.  So he was going against Dharma (charity/equity/virtuosity) so Dharma will not save him.

I am not saying he is not guity but with all these ordeals that he has undergone in the past 20 years he should be pardoned on compasionate ground - say these voices.  Mercy should be showered if you want to have pound of flesh from the heart you act like shylock whereas I want to suggest to have mercy like Portia of Merchant of venice - thus sing like bard (pun intended).  They miss point the ordeal was not that Sanjay was suffering in jail, nor that the quality of mercy has to be showered on an ailing long term served inmate, the mercy seeking is for a convict who purchased AK56 for his family & self defence from those who did deadliest terror act, who served only 1.5 years of the total 5 years, who was roaming free and even continued in contact of those terrorists atleast in one occassion years later, who never condemned the attack or the terrorists.  Is this the person to whom the mercy, oh lord thee seek to bequeath? It does not seem Portia seeking mercy to be showered on Antonio, rather it seems Portia under the influence of some potion seeking mercy for Shylock from Antonio to hand over his heart to Shylock.  Such Portias would be part of merchant of death(maut ka saudagar) and not merchant of venice  (well if you make any connection between venice's country, merchant of death in hindi, i am not here to say anything about it).  Such mercy will not be twice blessed as the 16th century bard said it would be twice cursed, rather.  This quality of mercy would rather be stained and would never be "not strained". Such mercy will droppeth like thunderbolt from hell and not as gentle rain.

Finally tells those voices had you guys given me the cases of other more deserving (such as 70 years woman whose house was used by those very group to keep arms which is not known to her), i would surely talk about them, I dont go with celebrity status, such statements looks OK for a guy like me to say but for a retired supreme court judge, jurists (who talk more about corruption), etc hastingly jumping for a defence of a convict of higher crime, without taking the cases of lesser crime and more deserving candidates and when confronted with such facts candenscendingly saying that will support them as well doesn't hold well with their eminence.

But what to say "paiygaL arasaaLum pozhudhu pinam thinnum saaththirangaL (when ghosts rule the world shastras will eat corpus)".  So anything can happen in our country now.  God Bless India.