Friday, February 17, 2017

Kind Attention: Tamil Nadu MLAs

Tamil Nadu Governor must insist that the following judgment by Justice Amitava Roy in the Disproportionate Assets case must be read out (alongwith Tamil translation) in the Assembly tomorrow before voting is held.

Amitava Roy, J.
A few disquieting thoughts that have lingered and
languished in distressed silence in mentation demand
expression at the parting with a pulpit touch. Hence, this

2. The attendant facts and circumstances encountered as
above, demonstrate a deep rooted conspiratorial design to amass
vast assets without any compunction and hold the same
through shell entities to cover up the sinister trail of such illicit
acquisitions and deceive and delude the process of law. Novelty
in the outrages and the magnitude of the nefarious gains as
demonstrated by the revelations in the case are, to say the least,

3. A growing impression in contemporary existence seems
to acknowledge, the all pervading pestilent presence of
corruption almost in every walk of life, as if to rest reconciled to
the octopoid stranglehold of this malaise with helpless awe. The
common day experiences indeed do introduce one with unfailing
regularity, the variegated cancerous concoctions of corruption
with fearless impunity gnawing into the frame and fabric of the
nation’s essentia. Emboldened by the lucrative yields of such
malignant materialism, the perpetrators of this malady have
tightened their noose on the societal psyche. Individual and
collective pursuits with curative interventions at all levels are
thus indispensable to deliver the civil order from the
asphyxiating snare of this escalating venality.

4. In the above alarming backdrop of coeval actuality,
judicial adjudication of a charge based on an anti-corruption law
motivated by the impelling necessities of time, has to be
informed with the desired responsibility and the legislative vision
therefor. Any interpretation of the provisions of such law has to
be essentially purposive, in furtherance of its mission and not in
retrogression thereof. Innovative nuances of evidential
inadequacies, processual infirmities and interpretational
subtleties, artfully advanced in defence, otherwise intangible and
inconsequential, ought to be conscientiously cast aside with
moral maturity and singular sensitivity to uphold the statutory
sanctity, lest the coveted cause of justice is a causality.

5. Corruption is a vice of insatiable avarice for selfaggrandizement
by the unscrupulous, taking unfair advantage of
their power and authority and those in public office also, in
breach of the institutional norms, mostly backed by minatory
loyalists. Both the corrupt and the corrupter are indictable and
answerable to the society and the country as a whole. This is
more particularly in re the peoples’ representatives in public life
committed by the oath of the office to dedicate oneself to the
unqualified welfare of the laity, by faithfully and conscientiously
discharging their duties attached thereto in accordance with the
Constitution, free from fear or favour or affection or ill-will. A
self-serving conduct in defiance of such solemn undertaking in
infringement of the community’s confidence reposed in them is
therefore a betrayal of the promise of allegiance to the
Constitution and a condemnable sacrilege. Not only such a
character is an anathema to the preambulor promise of justice,
liberty, equality, fraternal dignity, unity and integrity of the
country, which expectantly ought to animate the life and spirit of
every citizen of this country, but also is an unpardonable
onslaught on the constitutional religion that forms the bedrock
of our democratic polity.

6. This pernicious menace stemming from moral
debasement of the culpables, apart from destroying the sinews
of the nation’s structural and moral set-up, forges an unfair
advantage of the dishonest over the principled, widening as well
the divide between the haves and have nots. Not only this has a
demoralising bearing on those who are ethical, honest, upright
and enterprising, it is visibly antithetical to the quintessential
spirit of the fundamental duty of every citizen to strive towards
excellence in all spheres of individual and collective activity to
raise the nation to higher levels of endeavour and achievement.
This virulent affliction triggers an imbalance in the society’s
existential stratas and stalls constructive progress in the overall
well-being of the nation, besides disrupting its dynamics of fiscal
governance. It encourages defiance of the rule of law and the
propensities for easy materialistic harvests, whereby the
society’s soul stands defiled, devalued and denigrated.

7. Such is the militant dominance of this sprawling evil,
that majority of the sensible, rational and discreet constituents
of the society imbued with moral values and groomed with
disciplinal ethos find themselves in minority, besides estranged
and resigned by practical compulsions and are left dejected and
disillusioned. A collective, committed and courageous
turnaround is thus the present day imperative to free the civil
order from the suffocative throttle of this deadly affliction.

8. Every citizen has to be a partner in this sacrosanct
mission, if we aspire for a stable, just and ideal social order as
envisioned by our forefathers and fondly cherished by the
numerous self-effacing crusaders of a free and independent
Bharat, pledging their countless sacrifices and selfless
commitments for such cause.

FEBRUARY 14, 2017

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