CONVICTION OF LALOO: JUSTICE DELAYED IS JUSTICE DENIED

  It would have been in the interest of jurisprudence if the judgment in fodder scam case 20A/96 that prolonged for long 17 years be pronounced after Durga Puja vacation or few days before. Timing of the judgment in fodder scam case 20A/96 by special Ranchi CBI court deprived shri Laloo Prasad from filing bail petition and appeal in the higher court of law immediately after judgment. Conviction of Laloo Prasad has unseated him from Lok sabha and deprived him from contesting elections for the next 11 years in light of the recent Supreme Court decision. It is being widely projected by various sources that Laoo's conviction will act as deterrent to other politicians indulged in corrupt practices. For the moment it appears that all was well in this country except Laloo Prasad and now with the fall of Laloo, domination of those miniscule proportion of the people who never allowed the heaven fall on the earth but felt tough challenges during last 35 years will succeed in holding the heaven over their high heads with some more ease. Attitude of the elite society proves beyond doubt the great importance of Laloo Prasad in Indian politics. It is not that the courts are always right. There are instances where a convict getting punishments like death or life imprisonment by lower courts are declared innocent by higher courts. If a person likes to avail all the constitutional provisions of justice in case he/she feels that justice done to him/her needs to be reconsidered in higher courts, it may be improper to infringe his/her position bestowed by the people exercising their most important right in a democracy i.e. voting and when they know while voting that the person is being tried in fodder scam. The Laloo Prasad is being tried for last 17 years and this delay has definitely affected Laloo Prasad's political career. And if he is acquitted by the higher courts of law then is there any mechanism to compensate his big loss ?. If the judiciary cannot provide justice without delay, it does not appear proper to deprive a person's status achieved by democratic measure. Dr Bhimrao Ambedkar is one of the most revered personalities of this country. But construction of a grand Ambedkar Park by Mayavati faced enormous resistances on one pretext or another. Building of several parks across the country in the name of Nehru never felt any resistance. Even huge parks in the name of Indira Gandhi, Rajiv Gandhi and Sanjay Gandhi in the national capital, Delhi were built peacefully. Although many provisions for bringing equality and social justice were made in the Indian constitution but lower castes experienced worst kind of inequality and social injustice even after constitutional protection in independent India. The productive castes of the country were tortured and humiliated by well entrenched upper castes who often tried to maintain status quo. Actions leading to equality and social justice were vehemently opposed by them. They never realized their social responsibilities. The fall of congress government in 1977 due to excesses done to the common men during emergency and emergence of backward class leaders in Bihar and Uttar Pradesh as a consequence changed the political scenario in these two states completely. The struggle for social justice became the fulcrum of politics in these states because vast majority of deprived people rallied behind the emerging backward leaders. Social justice became the buzz word for all political parties. But the Congress party was finally rejected as new political formations with backward leadership were trusted by vast majority of backward class people. Laloo Prasad, Nitish Kumar, Sushil Modi, and Ram Vilas Paswan became well known political faces of Bihar who in spite of political alliances and differences changed the social and political dynamics of the state. All banked upon social justice for their political survival and all met with political success. The potential of backward class voters were so high that they were major forces behind ruling and opposition parties both. Laloo Prasad emerged as the first powerful backward force of Bihar who brought both prestige and power to the common people in the state. Culture of silence was broken and voiceless started to open their mouth against injustice and exploitation. Common people rose against exploitation in spite of their massacre in the hands of reactionary upper caste exploiters. Laloo's contribution cannot be dismissed by ill-informed motivated intelligentsia whose fraternities generally fail to make their presence to polling booths to exercise their franchise by standing in a queue along with common voters. The present Chief Minister of Bihar could not undertake land reform exercise as suggested by the Bandopadhyay Committee, instituted by him, due to covert vociferous opposition by feudal repressive forces who love to be landlords but refuge to work in fields. They hate doing menial work. If Nitish Kumar could undertake land reform exercise in Bihar, it will be the biggest achievement of his government and will change the face of Bihar forever. Political parties do not like to divulge their source of income to an ordinary citizen through RTI. An ordinary citizen cannot get information from an NGO or a private company/industry. It appears that only public institutions which are shrinking day by day under influence of corporatization need to divulge their functioning. It appears that political parties, NGOs and private industries have no social responsibilities hence society has no business to know about them. Welfare state is gradually abdicating its responsibility towards the common people. From where an honest person will get 10 crore rupees if he wishes to contest an election. The state must find foolproof answer to these questions if corruption has to take a back seat in the country. (Posted on 6^th October, 2013, 5:00 P.M. )