December 09, 2004
(Writer is senior criminal lawyer
from Thane, Maharashtra, India and he is also engaged in freelance writing
for almost two decades having an authority on scores of issues.
He can be contacted at
every passing day, the situation in
is shaping up from bad to worst. Hardly a day passes in an incident of
kidnapping of some government official, or a businessman, or a doctor, or
an important personality in the society does not take place. In fact, it
has become an order of the day.
which is riddled with illiteracy and poverty has completely fallen in the
hands of goons and private armies maintained by them. The failure of the
public machinery is apparent almost in all parts of
Neither the police, nor the jail officials have control over the situation
within the spheres of their jurisdictions. It is the likes of Pappu Yadavs,
Shahabuddins, etc. who virtually run the parallel governments in their
respective fiefdoms. One wonders, whether any such ‘public machinery’, be
it revenue and / or public exists in Bihar.
background, the observations made by the division bench of Patna High
Court while entertaining a PIL filed by the doctor’s association, assumes
great significance. Given the scenario, the bench was compelled to issue
notices to the state home secretary on Tuesday and seeking from him a
report about the affairs of the state.
government has found itself in a such predicament that it associated with
a man, who himself is facing prosecution of several corruption cases and
the one, who is primarily responsible for the complete mess in India’s one
of the most backward and underdeveloped state.
his style, Bihar supremo Laloo Prasad Yadav , is behaving in such a
manner, that the state is his personal property. Though technically
speaking his wife is the chief minister of the state, it is RJD chief who
rules the roost.
no denial of the fact that notwithstanding his ‘tainted image’ (of which
he has no remorse at all) he holds terrific sway over the millions of
illiterate subjects of the state. He is fully capitalizing their
illiteracy to his own advantage to usurp the power, as he is aware that no
amount of collation of the opposition parties in Bihar can keep him at
the BJP had a relatively better presence in
in the past, however in the May 2004, Lok Sabha elections, it lost
more than dozen seats in the state for various reasons. Party’s recent
Patna rally held on the back drop of
conclave drew significant crowd, the BJP is unlikely to find any allay for
the forthcoming assembly poll, unless it would harp on the realistic
issues, rather than ‘Hindudtva’.
Gandhi on her part, is fully exploiting Laloo’s repeated and deliberate
diatribe against the BJP to suit her own ends, so that the BJP can be kept
in check. Although the RJD being an allay, is an asset of the UPA at this
juncture, the nose-diving law and order situation in
is bound turn it as a ‘liability’ sooner or later.
there does not exist any legal mechanism in our country, which can keep
the persons like Laloo Prasad Yadav not only in check, but also away from
the power. Regrettably, the media (more so the electronic one) is
pampering him beyond the tolerable limits and is making mockery of itself.
assembly polls just three months away in
the situation is bound to turn from bad to worst. As on the date, the
situation is indeed conducive for invoking Article 356 of Constitution of
India for the dismissal of the Rabri Devi government and for promulgating
a Center’s rule in
provision lies in the Para 1 of this Article, that the Center either on
the receipt of a report from the Governor of the State or ‘otherwise, can
invoke the promulgate Center’s rule when the government of the State can
not be carried on with the provision of the Constitution of India. Suffice
to say that Center need not wait for the Governor’s report, as a word
‘otherwise’ is already incorporated.
Chief Justice of Patna high court, who has powers to administer an oath
office and secrecy to the governor designate, himself opines (along with
his pusine brother judge) that law and order situation in Bihar is
completely broken down, the Center need not wait for Governor’s report.
The High Court observations about the law and order in Bihar
do have the same merits as that of governor’s report.
question is will Sonia dare to do so ? Though it’s answer at the moment is
negative, given her complete dependency on Laloo Prasad Yadav for the
survival of UPA government at Center, given the shape of things to turn up
in future, she will have to think of some drastic measures including
Article 356, not only in the interest of the country, but also in the
interests of the people of Bihar as well.
a limit, to which Laloo’s tantrums can be tolerated by Sonia. Should she
dare to show him his ‘right’ place, she would be regarded as a
‘stateswoman’, like her mother-in-law. Or else, she will have to share the
blame hobnobbing with one of the shameful characters of Indian politics in
post – emergency era, for her own political survival. It is a testing
time for Sonia Gandhi as well.
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