Somnath Chatterjee: Thoughts Bereft of Reality:

Posted on Friday, July 29, 2005 at - Post Comment

The speaker of the Lok Sabha Shri Somnath Chatterjee has again spoken against Judiciary. This time on the issue of IMDT Act.

It may be known that recently the Supreme Court in a landmark judgment had scrapped the 23 year old IMDT Act which provides for detection of foreigners in Assam, their trial by a tribunal if there is a complaint and more important is the fact that the onus to prove the accused a foreigner lies on the complainant as per the provisions of this Act.

On the contrary the Act which is applicable on the foreigners in rest of the country is the Foreigners’ Act according to which the onus in identification lies not on the complainant but on the accused.

As per the verdict of the Supreme Court the IMDT Act has failed to check the illegal migration of Bangladeshis in the country. The tribunals are taking long time to decide and that too with ineffective results. Compared to this the Foreigners’ Act has been more successful in identification and deportation. The best example has been cited of West Bengal. Further the Supreme Court says that there should be one law for the whole of the country.

The Speaker who recently got more publicity for his unwarranted criticism of the Supreme Court has floated the following arguments in favour of his views in this case against the apex court.

1. “ But how did they(Supreme Court)arrive at the conclusion that lakhs of foreigners are getting in from Bangladesh? What’s the basis of their assessment? I am troubled by these questions because the judgment does not solve the problem.”

2. The manner in which influx is to be dealt with is for the executive’s consideration. The Foreigners’ Act has to be implemented in a particular manner. Can the court scrutinize it on day to day basis? They can’t do it. It is a matter concerning the executive.”

3. The Court’s order is binding, the (IMDT) law is gone. But what the law should be, needs to be left to the Parliament.”

Hon’ble Speaker must know that not only the Supreme Court but the whole country knows that illegal migrants from Bangladesh have permeated not only Assam and West Bengal but the whole of the country. Even the places like Bombay and Delhi are not left untouched, not to talk about UP, Bihar, Jharkhand , Orissa etc. One can safely say that if Bangladesh decides to have a spy network in India it will not have to spent any amount. Only the contacts with the  Bangladeshi maids working in the households of Delhi will be sufficient to overthrow the thrown. He may also be reminded that one of the cause of origin of Assam agitation in early 80s was the population of illegal Bangladeshi in Assam . It is not that the problem is specific to Assam only, the public of West Bengal too is fed up with the dwindling opportunities due to domination of Bangladeshis in Calcutta and around. Even the CM West Bengal, who speaks truth unlike his fellow comrades, has spoken of the illegal migration of Bangladeshi and the ill  effect of that on the society and the economy.

If the danger is not perceived by the Speaker then either he is a blind to the truth or has no concern about nation’s interest. And so his question about SC’s cognizance of the illegal Bangladeshis in Assam has only political overtones bereft of reality.

The Supreme Court is not questioning the right of the executive to implement a law. Of course even the Foreigners’ Act shall be implemented by the Supreme Court. The real question is that the apex court has the power to exercise its constitutional responsibility of Judicial review. The Act formed in 1882 has proved to be irrelevant and a failure in checking the illegal migration. It could not realize its objectives. The realities of the later years have proved that. Secondly the Act was illegal as how can there be different laws to deal with the same foreigners( read Bangladeshis) in different parts of the country( In this case Assam and West Bengal).

The concept of appeasement and thereby having political mileage has brought the country to such a stage that the real countrymen are suffering and the foreigners are having a field day.

Again the Foreigners’ Act shall be implemented by the executive but the apex court can’t shirk its constitutional responsibilities by giving direction from time to time if the same is not enforced properly.

Hon’ble Speaker must realize that though the law making power lies with the Parliament but any law which violates the letter and spirit of the constitution shall not be legal. In such situations the Supreme Court may always intervene through its constitutional power of Judicial Review. As a speaker of the house at least he may advice the political parties not to be carried away by the political consideration to the extent that it goes against the national interest. He may advice them to make only those laws which are not only legal but also in the best interest of the country and its countrymen. Done so the status of Shri Chatterjee shall be enhanced and not get lowered. Please think and act only in the national interest Mr.Speaker.   

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Its one of those rare times when a rat dominates cats

Posted by Anonymous on Saturday, July 30, 2005 at - Link

Chatterjee is stupid little rat without much original thought.

He is arrogant, low level, creep fertilized by Congress and Marxists.