Indian Supreme Court Judges Adjudicating Kashmir Petitions Sound Like Cheerleaders For Article 370 Repeal!

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The aforementioned title sums up the impressions after watching live telecast of the ongoing court proceedings. A few observations are in order:

  • Judges in the classical mould were expected not to let anyone guess which way their mind is swaying; the judges in the instant case are no respecter of this old tradition. There appears to be an attempt to get their ‘attendance and views’ marked at the rulers darbar as fast as possible.
  • The old men’s club of senior advocates are given humungous time compared to senior women lawyers as also a senior advocate who self-confessedly belongs to the LGBT community. Why should more time be granted for arguments to male advocates with advanced age?
  • The Muslim lawyers from Kashmir were given very little time with a young lawyer being egged on to finish his short submissions fast; even as 20 minutes of court’s time was wasted while judges and Mr. Rajeev Dhavan talked about personal matters relating to libraries.
  • Two senior advocates, Kapil Sibal and Rajeev Dhavan were seen laughing and talking while a Kashmiri lawyer was arguing.
  • The comment made by the Attorney General for India that in case of a medical emergency, often a limb is amputated to preserve a life, alludes to Article 370 as a leg to be amputated. If this was an emergency treatment by rulers why was the aftercare of Kashmir needed in an ICU not provided for for full 4 years; this only entailed an immediate stay on the disintegration of J&K. In any case the analogy of limb vis-à-vis Kashmir is no different from that of a Shudra being compared to leg. It is Brahminical sophistry as old as Manusmriti.
  • Let us accept that Kashmir is the heart and brain of India (both literally and metaphorically) and the whole of India is represented by two arms, two legs, full abdomen and pelvis – to wit the major part of the body. In that situation would we dare cut the heart and brain? Then India itself would have died. In that situation then the Attorney General would have advocated a bypass surgery of heart and brain and not amputation of heart and brain solely for the selfish purpose that India survives.
  • The Attorney General’s comment merits outright condemnation since amputation for limbs was done to save lives about a 100 years back. Presently even in a malignant tumor of the leg of a child salvage surgery is done to preserve the limb even as the tumor mass is locally removed. Limb transplants from donor to recipient is also an alternative. Not just the Indian government but also the President of India failed to prevent the limb from being amputated. The Presidential Orders to the effect then were a fraud on the Constitution. If Mr. Venkataramani were to do a simple Google search with the words typed as ‘limbs salvage surgery’ he will get dozens of references on limbs salvage surgery. In fact if a student appearing for M.S. (Orthopaedic Surgery) were to give the answer as provided for by the Attorney General for India that student would never clear the M.S. examination. Clearly the Attorney General is spreading obscurantist ideas about surgery which has the mischief to mislead a generation of doctors.
  • The fact that the Supreme Court of India took up the Kashmir petitions which required immediate emergency treatment after 4 years is suspect. The Supreme Court should have immediately heard the petitions and given a stay on the Presidential Orders of 05.08.2019 & 06.08.2019 and the Jammu and Kashmir (Reorganisation) Act of 2019.
  • Remember the obiter dicta of Justice Sanjay Kishan Kaul then that if need be they can “turn the clock back”. Is the dream all but over?
  • Being dimwitted may I ask why we are going further with the formalities of the court proceedings when the judges have already opened their mind?
  • Though one does not expect justice from bourgeois institutions could one hope that the judiciary like the corporate press does not get labelled ‘godi’ judiciary?
  • The rulers of India have apparently forgotten the most important lesson from Ramayan even as they are building a Ram Temple in Ayodhya viz:

 “रघुकुल रीत सदा चली आई, प्राण जाए पर वचन न जाई”

(Raghukul’s custom has always been followed;

Life may extinguish but promise will not)

Come what may the promise made by the Indian State to the people of Kashmir in 1947 should never be renegaded – now or ever.

P.S. Sahni is a qualified orthopaedic surgeon and a member of PIL Watch Group.


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