Not Many Feel So Consciously About Leaving A Glorious Legacy For Future Generations In Legal Landscape !!
Normally, I hate to be part of any election campaigning. That’s the reason why I am always at a safe distance from anything remotely associated with election process, no matter what’s the nature of it. That’s because I prefer to be a neutral and an independent observer. It’s something which gets severely affected once you somehow, much against your wishes, get associated with election process related to one particular group or, for that matter, any individual. Keeping my approach in mind, I have maintained a respectable distance from ongoing ferocious campaigning pertaining to Allahabad High Court Bar Association Elections.
Having said that, a deep curiosity drew me towards an election meeting organized in favour of Devendra Kumar Tiwari, whom I recently met during a book-launching ceremony. Devendra Kumar Tiwari besides being an advocate is also a noted author of many specialized books on legal matters. Recently, he penned a book “Lawyer’s Referencer” for wannabe lawyers who wish to attain excellence inside the premises of High Court in an easy-going way! I attended the book-launching ceremony of this book and that’s the time when I first became aware of this author’s heartfelt progressive views! His keynote address delivered on this book-launching event was very moving one! It was not charisma of oratory, but, in reality, it was reflection of deep concerns for betterment of legal world. Precisely that’s the reason why I preferred to be part of the election meeting organized by Devendra Kumar Tiwari even as I was initially pretty reluctant within. I wanted to hear him more and that made me attend the meeting!!
Needless to say, the time I spent there, listening his election speech did not appear to have go down the drain! I noticed that there were many other speakers who also spoke about improving “Bench and Bar” relations in aftermath of elections but none sounded so genuine as Devendra Kumar Tiwari, contesting for prestigious post of “Secretary”. Unfortunately, the meeting was devoid of suitable decorum, being marred by lots of disturbances, which made it almost impossible to hear the speech with proper concentration. However, even amid such chaotic atmosphere, some of the speakers spoke very eloquently and, powerfully too, for the cause of lawyers reeling under tyranny of Judges, who are using “contempt proceedings” in mindless manner! It was a great experience to hear them, to notice their genuine sentiments for improvement of happenings inside the Bar.
What’s so unique about Devendra Tiwari is that he can speak at great length without any written note, yet at no stage he sounds out of tune or less authentic! That shows his genuine involvement with welfare of lawyers. On this occasion, he made important revelations. He was pretty unhappy that owing to fractured mindset of present generation of lawyers, the Bar is on verge of total collapse. It has got limited to vested interests of petty minds. That’s quite alarming since future generations would curse previous generations for leaving such a dark future for them, wherein nothing seemed inspiring! If that remains the case, parents will not prefer to see their child emerge as a lawyer since in their eyes it would be a sheer waste of costly education which they ensured for their child after bearing so much troubles!! That’s why Mr Devendra Tiwari so rightly pointed out that this generation needs to make “choices” in most judicious manner, keeping in mind the interest of future generations. He said that when he or the senior lawyers entered in this profession they had got a stable and strong bar in legacy. Today most of the institutions (like Board of Revenue) are facing identity crisis, having been weakened by corrupt powers in a systematic way. The same corrupt forces are deliberately eroding the influence of High Court, which can only be controlled when we have responsible people in Bar!
He sounded so true that representatives who get selected in aftermath of elections are reflection of thought-process exhibited by the lawyers. Hence, it’s futile to condemn their elected representatives inside the Bar after a certain period! After all, they got elected because of our own “flawed choices”. That’s the reason why we need to be highly conscious while making a choice! Allahabad Bar Association in the past has been associated with legal luminaries of great stature who went on to represent most important constitutional posts of this nation. R. S. Pathak, who belonged to this Bar, served as a Judge at International Court of Justice. Pt. Kanhaiya Lal Misra, belonging to this Bar, commanded huge respect to an extent, that whenever he appeared to argue in courts other than ones prevailing within Uttar Pradesh, the sitting judges used to stand up in admiration! No wonder it’s the responsibility of present generation of lawyers to add new dimensions in the stature of Allahabad Bar Association. That will remain a distant dream, if we keep making bad choices, taking into consideration flimsy aspects!
B N Singh, a very conscious and experienced lawyer, who spoke on this occasion, in support of candidature of Devendra Kumar Tiwari, referred to extraordinary power vested in young minds of new lawyers. The young lawyers constitute a huge section of lawyers practicing at Allahabad High Court. Unless they make decisions, based on equity, it would not be possible to change the face of Bar. The young lawyers need to sharpen their fighting spirit in a right way, by marginalizing all those elements which misguide and mislead them. A better and a strong Bar Association is need of the hour. The young lawyers will play a pivotal role in ensuring its emergence! Hope these young minds do not act like a drop of lemon juice added into boiling milk! Let’s pray that right people get placed inside chambers of Allahabad Bar Association, who ensure that future generation can boast of illustrious legacy! I need to end this post by praising Shashikant Kuswaha, a promising young Advocate, who worked really hard to ensure that no mess prevailed during the meeting of lawyers! I also need to point out perfect coordination of the event done by Advocate Mr. Yogendra Jaiswal, who also happened to be quite young!
The book review can be be read here:
“The boast of heraldry, the pomp of power,
And all that beauty, all that wealth e’er gave,
Awaits alike the inevitable hour.
The paths of glory lead but to the grave.”
( Thomas Gray In ‘Elegy Written In A Country Churchyard’ )
When I was in school days these lines by poet Thomas Gray left an indelible impression on my mind’s landscape. I always wondered about its real purport. Now very recently when I heard about the tragic death of Mr. S.M.A. Kazmi, senior lawyer, Allahabad High Court, in a fatal road accident it not only left me in a state of deep shock but also made me realize the true purport of lines penned by Gray. In this world the only reality is death! Rest is illusion which looks real enough to keep humans trapped in life’s drama!
I met S M A Kazmi very shortly after Allahabad University granted me a law degree in year 2002. Although I was not pretty interested in getting enrolled as a lawyer at Allahabad High Court in prime of my life, I had to give way to destiny’s will of becoming part of Allahabad High Court- a High Court having a glorious legacy of delivering path-breaking judgements on par with global standards! I was fortunate that one of my childhood friends, Sampanna Kumar Srivastava, also a lawyer, and in those days a student leader associated with Communist Party, introduced me to Mr Kazmi in his chamber. I had by then carved a niche for myself in the world of media as a freelancer. Mr. Kazmi was a lawyer with a difference. He was a good orator besides being a good writer who enjoyed organizing literary gatherings. So he was quite happy in finding someone like me having similar mental orientations akin to his literary bent of mind.
In very short span of time I became one of his favourite juniors. I loved his penchant for perfectionism. His aggressive mannerism really threatened others but on me it had little impact. Like him I believed in working hard and, therefore, rarely felt short of his expectations. And that did not provide enough space to Mr. Kazmi to direct his anger towards me. He always believed that if one wishes to emerge as a good lawyer at High Court level then one must be ready to read enough besides being good at interpretation! It’s really saddening that emerging lawyers are merely interested in attaining riches than attaining right skills! As a result of that most of the lawyers fail to attain great heights in real sense!
That was not the case with Mr. Kazmi. He came from a teacher’s family with no previous legal history in his family. However, his legal journey which began in early 80s saw all glorious episodes which any lawyer wishes in his/her career. In prime of his age he became Advocate General of Uttar Pradesh, and later became politically active which yielded him ministerial birth. Every successful person has many adversaries in form of friends! He too had many such friends who said good words in his front but despised him at his back being always loaded with set of conspiracies. He warned me that I should not waste my energy in forming counter-strategies to negate such vicious network! The best way to defeat negative souls in your profession is to keep doing exceptional work. That sort of attitude demoralizes negative souls! At this point I come to remember words of Indira Gandhi that there are many who wish to take credit in aftermath of any successful endeavour, but competition is less when it comes to do some original work!
Anyway, relationship between juniors and seniors has plummeted to all-time low. However, the juniors associated with Mr. Kazmi had better experiences and not bitter experiences. The ones who worked hard always managed to strike a favourable chord with both his personal and professional life. He did not believe in carrying aura of bossism but ensured that his leniency does not get misused. I must admit that he helped me financially besides making me in tune with various shades of advocacy. His chamber was not a dull place! Besides dealing with complex cases, the young lawyers also got introduced with lifestyle mired in royalty. The weekends were reserved for having a good time at some famous restaurant. He believed in spending money with people around instead of using the money to ensure petty personal gains. That’s why he was sincerely involved with several charitable trusts operating in Allahabad.
He was not happy with my decision to distance from legal profession for he was quite satisfied with my progress. He saw in me the rare attributes which had now gone missing. That’s why he lamented that people who should be really part of legal institutions are the ones engaged in different profession and the ones who are not supposed to be lawyers are the ones dominating the show at various legal institutions! Legal profession is now in grip of mediocre minds! He understood my temperament well, and, therefore, did not compel me to remain engaged in active advocacy. However, I did not wish to hurt his sentiments and, therefore, to honour his sentiments I remained part of Allahabad High Court via my legal reporting! I assured him that great values I intercepted at his chamber would always stay with me for rest of the life.
Indeed, right now when his death has left me in deep pain, side-by-side there exists a deep sense of satisfaction encircled by great mental peace within! I added a new dimensions in the values I inherited at his chamber. Happily, my friends never forgot that I was one of the juniors of Mr Kazmi! Their remembrance of my association with Mr Kazmi keeps me in right state of mind, enabling me to pursue different legal tasks with greater concentration and greater degree of perfection. Mr Kazmi believed that hard work never goes in vain and that has ensured I remain above short cuts to attain success! Yes, he had many flaw in his personality, like any soul trapped in earthly life, but the greater truth is that they took a backseat when contrasted against his noble virtues! His soul might have ascended to higher world, but for mine eyes he would always remain as real as any living person! May his soul rest in peace!
प्रेम के शुद्ध स्वरूप को आज के युग में वर्णन करना या उसकी तलाश करना बेमानी सा लगता है। प्रेम कहानियो के नाम पर आज हम को दिल दहला देने वाली दास्ताने मिलती है। जहा प्रेम अपने अगले चरण तक पहुचता है मसलन शादी तक वहा भी वो यथार्थ के कडुवे सागर में विलीन हो जाता है। प्रेम या तो रुपहले परदे पे भला लगता है या तो मुंगेरीलाल की तरह मन के लैंडस्केप पर हसींन लगता है। इसके परे प्रेम एक वीभत्स अफ़साना सा है। जहा तथाकथित प्रेम मिला वहा भी तमाशा हुआ और जहा नहीं मिला वहा भी जिंदगानिया बर्बाद हुई। बहुत साल पहले मुंबई स्टेशन पर एक लड़की को ट्रैन से उतरते ही उसके प्रेमी ने चाक़ू घोप कर हत्या कर दी। इधर बीच कई खतरनाक ट्रेंड उभरे है प्रेमिका को सबक सिखाने के और उनमे से एक है तेज़ाब फ़ेंक देने का। पता नहीं प्रेम का ये कौन सा सिद्धांत है कि प्रेमिका को प्रेम के नाम पे दिल दहला देने वाले तरीको से प्रताड़ित किया जाए !!
भारतीय सरकार ने एक कठोर कदम उठाते हुए इंडियन पेनल कोड में 326 A & 326 B दो नए प्रावधानों को जोड़ा जिसके तहत १० साल या उससे ऊपर तक के सजा की व्यवस्था है। ऐसे हादसों के शिकार लोगो को दो लाख रुपये तक के मुआवज़े का प्रावधान किया जो कि अपर्याप्त सा लगता है। ऐसी घटनाएं ना किसी वर्ग विशेष तक सीमित है और ना ही ये किसी एक देश का मामला है। पाकिस्तान में एक संभ्रांत वर्ग (एलीट क्लास) से ताल्लुक रखने वाली एक महिला को उसके राजनीतिज्ञ पति ने तेज़ाब से इसलिए जला दिया क्योकि उसने तलाक माँगने की जुर्रत की। अब एक ही तरीका बचता है और वो है कि इनसे जुड़े कानूनों का सख्ती से पालन किया जाए, मुआवज़े की राशि बढ़ाई जाए और उसे पेंशन के समान किया जाए ताकि मेडिकल खर्च आसानी से वहन हो सके और ऐसे हादसों के शिकार लोगो को एक बेहतर स्पेस मिले जीवन जीने के लिए।
ये एक मार्मिक कविता पढ़ने को मिली जो पर्याप्त है ये बताने को कि ऐसे हादसों के शिकार लोगो पर क्या गुजरती है ! ये कविता मुझे सोशल मीडिया पे पहले पहल धीरेन्द्र पाण्डेय के मार्फ़त पढ़ने को मिली लेकिन यही कविता एसिड हमलो के प्रति जागरूकता प्रदान करने हेतु बनायी गयी फेसबुक पेज पर भी प्रमुखता से पढ़ने को मिली।
चलो, फेंक दिया
सो फेंक दिया….
अब कसूर भी बता दो मेरा
तुम्हारा इजहार था
मेरा इन्कार था
बस इतनी सी बात पर
फूंक दिया तुमने
गलती शायद मेरी थी
प्यार तुम्हारा देख न सकी
इतना पाक प्यार था
कि उसको मैं समझ ना सकी….
अब अपनी गलती मानती हूँ
क्या अब तुम … अपनाओगे मुझको?
क्या अब अपना … बनाओगे मुझको?
क्या अब … सहलाओगे मेरे चहरे को?
जिन पर अब फफोले हैं
मेरी आंखों में आंखें डालकर देखोगे?
जो अब अन्दर धस चुकी हैं
जिनकी पलकें सारी जल चुकी हैं
चलाओगे अपनी उंगलियाँ मेरे गालों पर?
जिन पर पड़े छालों से अब पानी निकलता है
हाँ, शायद तुम कर लोगे….
तुम्हारा प्यार तो सच्चा है ना?
अच्छा! एक बात तो बताओ
ये ख्याल ‘तेजाब’ का कहाँ से आया?
क्या किसी ने तुम्हें बताया?
या जेहन में तुम्हारे खुद ही आया?
अब कैसा महसूस करते हो तुम मुझे जलाकर?
या पहले से ज्यादा
और भी मर्दाना…???
तुम्हें पता है
सिर्फ मेरा चेहरा जला है
जिस्म अभी पूरा बाकी है
एक सलाह दूँ!
एक तेजाब का तालाब बनवाओ
फिर इसमें मुझसे छलाँग लगवाओ
जब पूरी जल जाऊँगी मैं
फिर शायद तुम्हारा प्यार मुझमें
और गहरा और सच्चा होगा….
एक दुआ है….
अगले जन्म में
मैं तुम्हारी बेटी बनूँ
और मुझे तुम जैसा
आशिक फिर मिले
शायद तुम फिर समझ पाओगे
तुम्हारी इस हरकत से
मुझे और मेरे परिवार को
कितना दर्द सहना पड़ा है।
तुमने मेरा पूरा जीवन
बर्बाद कर दिया है।
Source Attributed To Poem: The Facebook Page Named “Stop Acid Attacks” Informs That This Poem Is Outburst Of Girl Who Became Victim Of Acid Attack!
Law Commission India On Acid Attacks
Any close observer of the happenings in modern India would easily confirm that secular governments have unleashed a sort of war against Hindu saints. They have been framed in number of heinous crimes right from sexual crimes to crimes against national security. The paid media ensures that one-sided coverage gets highlighted not only within Indian landscape but also in International arena. In such matters wherein Hindu saints are involved, a striking feature is that news coverage is full of lies and twisted truths spread by secular press. None of the mainstream media dares to reveal both sides of the story in an impartial way.
One important reason is that most of the Indian media houses are in some way controlled by hidden powers in Western nations. How can we then expect truth to make its presence felt? After all, the mainstream media which harps about involvement of Sadhvi Pragya in blasts never found it important enough to report in same candid fashion about severe violation of rights of prisoners, about inhuman treatment meted out to her inside the jail! The same media is so hyper-sensitive about rights of Devyani who made mockery of India’s honour in West but yet she is being portrayed as if she committed no crime at all! That’s because she is part of the system. But anybody who dared to expose the misdeeds of government was branded as criminal in a well-planned manner!
What I am trying to ascertain that we have given way to era wherein propaganda has become more powerful than version close to truth. One of the most important job of media is to reveal the real picture but exactly opposite has taken place: Media has become carrier of falsehood and distorted versions. It’s main agenda has become to shield dubious powers in rule. Like a prostitute it keep changing its loyalty or, in other words, it generally speaks the language of rulers! Remember the arrest of Kanchi Shankaracharya Swami Jayendra Saraswati in year 2004 in most humiliating manner for allegedly playing a role in murder of Sankararaman, manager of the Sri Varadarajaswamy Temple. The then Chief Minister of Tamil Nadu,J Jayalalithaa, in an attempt to appear more secular than others and to give an impression that no one is above law ensured his arrest! The Kanchi seers were charged with” criminal conspiracy, misleading the court by giving false information, criminal trespass and supply of funds to carry out the criminal activity.”
The head of a 1,000-year-old Brahmin monastic order was presented as petty criminal in mainstream media and even before case was put to trial he was portrayed as accused. Let’s remember that Kanchi Kamakoti Peetham is one of the oldest Hindu mutts in the country and Shankarcharyas belonging to this mutt command a great respect among Hindu communities across the globe. In fact, Swami Jayendra Saraswati is a highly respected figure having profound knowledge of Hindu scriptures. He like his predecessors provided new heights to this mutt established in 9th century by Sri Adi Shankaracharya, enjoying similar status the way Vatican enjoys amid Christians. However, clash of interests between J Jayalalithaa and DMK chief Karunanidhi, who represented anti- Brahminical movments, ensured that this highly revered pontiff got disgraced.
Prominent media analysts of that period conveyed the impression that “police would not have acted unless they had sufficient evidence.” Ironically, the prosecution at that time was supremely confidant about involvement of Kanchi seers in abetting murder of Sankararaman, claiming that it had “incriminating evidence”. The investigating officer Prem Kumar came out with version that made mutt head appear guilty: “We have strong evidence about the involvement of Sri Jayendra Saraswathi in Sankararaman’s murder. There has been animosity between the two for the past four years and further investigation is on to corroborate the evidence collected on the involvement of the Kanchi Acharya.” The allegations had deepened with revelations of Tamil magazine Nakkeeran. Amid these bizarre turn of events, the case got transferred to Pondicherry to ensure fair trial. To make the matters worse for Kanchi mutt head, even allegations of sexual exploitation surfaced. (The Hindu)
However, the truth had the last laugh when verdict delivered by a special court in Pondicherry acquitted all the accused involved in this sensational murder. The verdict was delivered on November 27, 2013 after nine years of suspense and drama of all sorts. They were acquitted of all the charges which included “criminal conspiracy, misleading the court by giving false information, criminal trespass and supply of funds to carry out the criminal activity.” The main witnesses failed to corroborate the prosecution’s theory. More than 80 witnesses went against the story presented by the prosecution.
Well, it’s true that Kanchi seers got acquitted but in the process it caused irreparable damage to the reputation of an institution, which represented the collective psyche of Hindus. This “collective psyche” of Hindus made its presence felt again the way Kanchi Mutt Head responded to this verdict: ” Dharma has prevailed. Truth has won. That is what matters…I have been trained by my Guru to bear everything. There is no question of situation being tough. Times were challenging because we were facing completely new set of situations. ..There are several invaders who vandalized our temples. Today when you see the disfigured temples you remember the invaders and their acts of vandalism. What was perpetrated on the mutt has been termed as an act of vandalism by several people.” (Kanchi Sathya Org)
It’s really saddening that moments allegations against Hindu saints surfaces, the whole mainstream media goes berserk and paints them in wrong colours, forgetting that its main task is to report the incident and not to conduct trials. Worse, when the allegations are found false and saints get acquitted the same news item does not get prominence. Acquittal is never important than false stories planted by vested interests. No wonder acquittal of Kanchi’s Shankracharya did not get the same coverage. After all, it strengthens cause of Hindus, which is antithetical to secular spirit of this nation. The mainstream media is more interested in propaganda than emergence of truth.
The secular forces always convey the impression that no one is above law. And so will they dare to arrest Shahi Imam Syed Ahmad Bukhari against whom so many cases have been registered? Will they dare to bring in open and convict Christian missionaries involved in conversion of tribals in remote corners of India? That will never take place. The law exists only for Hindu saints. It’s an instrument of oppression for Hindus and all that which represents self-pride of Hindus. It’s there to support propaganda and not to sustain truth.