[WSMDiscuss] "India": Accelerated Slide Down the Hole: Poised to Mark a New Low: The Regime Moves to Oust Mahua Moitra from Parliament

[Sukla Sen]

So, now even within the Parliament one can't speak out - if it's not to the
liking of the regime.

As regards outside, two fresh examples:

I/II. <
https://indianexpress.com/article/opinion/editorials/anti-national-online-content-mha-circular-it-act-7181760/
>

II. <
https://www.newsclick.in/Govt-Raids-on-Newsclick-Our-Voice-Can%E2%80%99t-be-Muzzled?amp
>

In any case, Moitra just springs back!

<<You cannot bully me into silence with threats of privilege motions
You cannot abuse high office, retire,  & then hide under cover of  Article
121
Sexual harassment is not “discharge of duties”>>
(Ref.: <https://twitter.com/MahuaMoitra/status/1359532131962134529?s=19>.)

The regime, along with its adjutants, has shed all sense of shame and lost
balance too.

Evidently, a "privilege motion" would only go to further highlight how an
incumbent CJI, who created a record of sorts by being the first, and as yet
the only, one - in that category, to be charged with sexual harassment, got
rewarded with a nomination to the Rajya Sabha and high order state security
cover, soon after his retirement.
Even if there's no broadcasting/recording and reporting is gagged.

<<A 35-year-old woman had accused Gogoi of sexual harassment in April 2019.
The former junior court assistant submitted an affidavit to 22 judges of
the Supreme Court outlining how the then CJI had sexually harassed her, and
how she was further victimised and dismissed from her post.>>
(Ref.: <
https://www.thequint.com/neon/gender/mahua-moitra-speech-in-parliament-cji-ranjan-gogoi-sexual-harassment
>.)

Also relevant:

I/IV.
<<Resisting the CJI’s overtures proved to be costly to her career and her
family, she claimed. She was transferred thrice to different wings of the
Supreme Court before being dismissed on December 21 on a flimsy charge of
abstention from work without approval, following a sham departmental
inquiry in which she was not given the right to defend herself through her
nominee. Worse, the inquiry was held in her absence, as she had fainted
outside the inquiry room and needed to be hospitalised. She was suddenly
found unfit to continue in her job although her successive annual
confidential reports earlier found her “good” or “very good”. Her husband
and brother-in-law, both of whom are head constables in the Delhi Police,
were suspended on December 28 in connection with a criminal case involving
a residential colony dispute dating back to 2012 that had been mutually
resolved.

On January 11, a police officer accompanied her to the Chief Justice’s
residence apparently for a “compromise” where, she alleged, Justice Gogoi’s
wife asked her to apologise by prostrating on the floor and rubbing her
nose at her feet. Her differently abled brother-in-law, whom the CJI
appointed in his discretionary quota, too suffered dismissal without
reasons on January 14. As if these were not enough, she suffered further
humiliation when a complainant, Naveen Kumar, alleged to the Delhi Police
that he had paid her Rs.50,000 in 2017 in return for a job in the Supreme
Court and that she had cheated him.

On March 10, she alleged that the Delhi Police forcibly brought them from
Rajasthan where they had gone, tortured her and her family members at the
Tilak Marg police station, New Delhi, in connection with this criminal
complaint. She has submitted video evidence of this incident at the police
station and the audio record of the conversation between the police
officials and her relatives. After spending a day in police custody, she
also spent a day in judicial custody before securing bail. The Delhi Police
has since sought cancellation of her bail before the Delhi High Court.>>

(Ref.: <https://frontline.thehindu.com/the-nation/article27056334.ece>.)

II/IV.
<<The Supreme Court has reinstated in service a woman staffer who had
raised sexual misconduct allegations against former Chief Justice of India
Ranjan Gogoi. Highly placed sources told The Indian Express that she had
joined duty and proceeded on leave. All her arrears too have been cleared,
the sources said.

The woman, who joined the Supreme Court in May 2014, had claimed
victimisation for resisting unwelcome advances when she was posted at the
residence office of former CJI Gogoi in October 2018. She claimed she was
later transferred and then terminated from service.>>

(Ref.: <
https://indianexpress.com/article/india/supreme-court-ranjan-gogoi-cji-sexual-misconduct-6228834/
>.)

III/IV. <
https://www.indialegallive.com/top-news-of-the-day/news/four-months-retirement-ex-cji-gogoi-nominated-rajya-sabha/
>.

IV. <
https://indianexpress.com/article/india/ex-cji-gogoi-gets-z-vip-security-cover-7158025/
>.

Points to be noted:

I. Criticising or even ridiculing a *former* judge doesn't attract the
charge of *contempt of court*.

II. Even otherwise, an allegation made on the floor of the Parliament
enjoys immunity from both "contempt" and "defamation".

III. A. What Mahua Moitra had said ought not to attract either, even if
independently repeated outside.
B. She simply put plain facts - already available in the public domain and
even discussed, together and presented.

IV. A. The move simply marks yet another low point in the journey of this
regime down the path of de facto authoritarianism.
B. Most likely, would also the degeneration of the judicial order.

V. This contemplated move to expel her from the Parliament, for speaking
truth to the power, is both a grave threat - as is very obvious, and an
opportunity - opportunity to mobilise against the threat.
Hope we can gather that collective wisdom.

<<The BJP on Wednesday initiated a privilege motion against Trinamool
Congress MP Mahua Moitra over her remarks in the Lok Sabha concerning a
former Chief Justice of India. While the TMC MP's remarks were expunged
from the record, the BJP is now seeking her dismissal from the Parliament.
PP Chowdhary, BJP MP from Rajasthan's Pali and a former Minister of State
for Law moved the privilege motion against Mahua Moitra. The request was
followed in Lok Sabha by BJP MP Nishikant Dubey demanding the cancellation
of Moitra's membership of the Lower House.
On Monday, Parliamentary Affairs Minister Prahlad Joshi had condemned Mahua
Moitra's remarks but did not express any intention of moving a privilege
motion against her. Reports suggest that the government reconsidered its
stance after Moitra posted clips of her speech in the Lok Sabha on social
media.>>
(Ref.: <
https://www.indiatoday.in/india/story/centre-moves-privilege-motion-seeks-removal-of-trinamool-mp-mahua-moitra-for-remarks-over-ex-cji-1767974-2021-02-10
>.)

The speech is here, there and everywhere: <https://youtu.be/npH4SrZ11zY>.
Here's the tweet: <https://t.co/ODFn2pd2Z1>.

Sukla


-- 
Peace Is Doable
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