THE RADICAL CONTENTS : Page No. HUMANIST Editorial : Vol. 81 Number 11, February 2018 Gujarat Assembly Elections: 4 A Win-Win Situation for All Mahi Pal Singh Monthly journal of the Indian Renaissance Institute Devoted to the development of the Renaissance Movement and to the promotion of human Articles and Features: rights, scientific temper, rational thinking and a Those Who Want Modi’s Removal on 7 humanist view of life. Any Terms Ignore the Fact that Founder Editor: He Is A Symptom, Not A Cause M.N. Roy Hartosh Singh Bal
Advisor: Dr. Narisetti Innaiah Modi: Foe or Friend of Corruption 10 Editor: Prabhakar Sinha Mahi Pal Singh Master of the Roster and Judicial Norms Editorial Board: 12 Ramesh Awasthi, Rekha Saraswat, N.D. Pancholi N.D. Pancholi, Dipavali Sen In order to protect one man, 14 Printer and Publisher: the Judicial system has singularly failed Satish Chandra Varma - Sr. Adv. Dushyant Dave Send articles and reports to: Murali Krishnan Mahi Pal Singh at E-21/5-6, Sector 3, Rohini, Delhi- 110085. (M) 09312206414, 09015020456, 07042548234 'Had the SIT not balked, 18 Modi would have been facing a trial' or E-mail them to: Prasanna D Zore [email protected] or [email protected] Who Wants Probity in Public Life? 22 Please send Subscription/Donation S.N. Shukla Cheques in favour of
The Radical Humanist to: Gandhi and Roy: The Interaction of 28 Satish Chandra Varma, Treasurer IRI, Ideologies in India A-1/103, Satyam Apartments, Vasundhra Dennis Dalto Enclave, Delhi- 110096. (M) 9811587576. Email ID: [email protected] Humanists' Section : Please Note: Authors will bear sole accountability Stalin’s Young Man: M.N. Roy and 32 for corroborating the facts that they give in their the Russian Revolution - 3 write-ups. Neither the IRI/the Publisher, nor the Editor of this journal will be responsible for Need of the Day is the Philosophy of testing the validity and authenticity of statements 35 & information cited by the authors. Also, Humanism sometimes some articles published in this journal Ramesh Korde may carry opinions not similar to the Radical Humanist philosophy; but they would be Aanvikshiki (Philosophy) - 1 entertained here if the need is felt to debate and 40 discuss them. Professor K. Venkateswarlu February 2018 THE RADICAL HUMANIST 3 Editorial : Gujarat Assembly Elections: A Win-Win Situation for All Mahi Pal Singh Although the Bharatiya Janata Party (BJP) desperately wants to make the Prime Minister has been able to retain power even after of the country, can be happy that he has at least remaining in power in the state for the last 22 one electoral success to boast of after a long years, Gujarat Legislative Assembly election list of failures and utter failures in the past 2017 results have not let down even the including the failure in the Himachal Pradesh Congress party. In fact, it is a win-win situation elections held simultaneously where the for all. The BJP can still be happy that it has Congress lost its government to the BJP by 22 retained power by winning 99 seats, although it to 46 seats. Those in the Congress who would has failed to reach anywhere near the declared like to give the credit of winning 77 seats in target of 150 seats in an assembly of 182 seats Gujarat to Rahul Gandhi should not undermine as declared by Amit Shah, the party president. the role of Hardik-Jignesh-Alpesh trio, who were It can also be happy that in spite of falling short against the anti-people policies and actions of of the tally of 115 seats it had in the outgoing the BJP government at the centre and in the assembly by 16, in terms of the vote percentage state and also campaigned vigorously against it has gained 1% above the previous tally it had the BJP in the Gujarat elections. in the 2012 elections despite the demonetisation The people of Gujarat can feel satisfied that of high currency notes of Rs. 1000 and 500 they have issued a strong warning to the BJP, denomination in November 2016 which had Amit Shah and Narendra Modi, their local boys, resulted in the closure of lakhs of businesses by reducing the number of their seats and giving and rendered crores of people jobless and the them a strong opposition in the Assembly, that implementation of Goods and Services Tax they cannot win the 2019 Parliamentary (GST) which has further deteriorated the elections merely on the basis of ‘Jumlebazi’ position of businessmen and traders. The BJP (‘slogan mongering’) and must really fulfil their has already declared its happiness that it now electoral promises to retain the support of the rules in 19 states, in more than even what Indira people. Gandhi did when she was at the height of her The other parties opposed to the BJP must popularity. be feeling happy that in spite of not losing power The Congress Party can be happy that it has in Gujarat, it is not invincible, as Amit Shah and won 77 seats, the highest in the last 22 years Narendra Modi would have us believe, as the and also increased its vote percentage by 2%, Gujarat elections also show that the BJP would 1% above the BJP. Mrs Sonia Gandhi, and all have lost the elections but for Narendra Modi’s the sycophants in the party who have to depend rhetoric of being a local boy and playing the on the Nehru-Gandhi family’s name for getting victim card of abuses at the hands of the popular votes simply because on their own they opposition and making it a question of the pride cannot win their own seats even as they have and honour of all the Gujarati people, instead of broken contact with the people completely, will pronouncing the word ‘vikas’ (‘development’) be happy that her son, Rahul Gandhi, who she even once in the whole election campaign with
4 THE RADICAL HUMANIST February 2018 which he had come to power in 2014. The Prime the Congress and also that in electoral politics Minister even brought in ‘Pakistan conspiracy the votes of one ally do not necessarily get to defeat his party in Gujarat’, a highly transferred to the other ally whereas the blame irresponsible remark made on the basis of one of the misdoings of one ally takes away the votes or two diplomats of Pakistan attending a party of even those voters who would otherwise vote at the residence of Mani Shankar Aiyar, a for the party. Such alliances are sometimes, former diplomat and leader of the Congress, in even if by the opponents, called ‘unholy’ which former Prime Minister Dr. Manmohan alliances and punished accordingly by the voters. Singh and many other guests were present. The actual hope of defeating the BJP in the It is also clear from these elections that in a next general elections in 2019 rests with the bipolar election other non-Congress secular state level parties, particularly where they have parties can defeat the BJP if even the Congress a bipolar contest against the BJP. In the run-up Party, which had been rejected badly by the to the general elections, there are going to be people earlier, can give a strong fight to the BJP state assembly elections in Madhya Pradesh, as it has done in Gujarat. The people are fed up Rajasthan and Karnataka. The BJP rules in the with the BJP and its indulgence in non issues first two and the Congress in the last one and like cow and beef, divisive agenda of Hindutva, there are no other parties worth the name. It anti Muslim and anti Scheduled Caste stance will thus be a direct bipolar election between manifested in various incidents, killing dissent the BJP and the Congress. In spite of all the in every form and calling all dissenters anti- infirmities, the Congress will be the beneficiary nationals, banning books, films and speeches of the discontent against the BJP and of the which do not subscribe to the Hindutva ideology anti-incumbency factor in Madhya Pradesh and of the RSS etc. instead of devoting their energies Rajasthan as it is the only opposition party in in governing the country in accordance with their both these states, and in Karnataka the fight slogan of ‘sabka saath, sabka vikas’. At the will be between the anti-incumbency against the same time people continue to be averse to the central government led by Narendra Modi and Congress because of its ‘corrupt’ tag, even after against the state government led by some of its leaders having been acquitted in Siddharamaiah of the Congress. The outcome cases like the 2G spectrum allocation. People of the elections of these three states in 2018 have also not accepted Rahul Gandhi, the last will be very crucial and will project to a large dynast of the Nehru-Gandhi family in politics, extent the outcome of the general elections in as a capable and deserving leader to lead the 2019. For the Congress, and also for Rahul country although he is being projected as the Gandhi, the results of elections in these three Prime Ministerial candidate of the Congress. states will determine whether they will survive In fact, even Akhilesh Yadav, the previous Chief or perish politically, almost completely. Minister of U.P. whose Samajvadi Party lost to After the very hard fought, and won the BJP in the last Assembly elections very badly, marginally, the election in Gujarat left many has declared his intentions to contest the next bruises on the face and heart of the BJP. The Parliamentary elections alone because he seems BJP leadership may deny this fact but they to have realised that contesting the last know it well that it will have to make an all out Assembly elections jointly with the Congress effort to win these three states and it will surely was a wrong decision as allying with the Rahul try to polarise the elections on communal lines led Congress brought along with it the burden to get the support of the Hindu majority and of all the wrong doings, including corruption, of Amit Shah has already fired the first salvo by
February 2018 THE RADICAL HUMANIST 5 calling the Karnataka government an ‘anti- people form their own impressions about the Hindu’ government. The Rajasthan, Gujarat country as a whole on the basis of what they and Madhya Pradesh governments of the BJP see in the election campaign also. In an effort have already bowed before some self- to tarnish the image of their opponents for appointed custodians of history and culture, like electoral benefits, they should not tarnish the the BJP and the RSS people, in Rajasthan and image of the country because that would be viewing an electoral benefit in it, are not truly an unpardonable act of anti-nationalism allowing the screening of the fictional film and a set-back for democracy in the country. ‘Padmavat’ based on the Hindi epic of the Communal politics is in the DNA of the BJP same name by Malik Mohammad Jayasi, politicians which they have inherited from their which is being opposed by them. One hopes parental body, the Rashtriya Swayamsevak that the politicians, particularly of the BJP, do Sangh (RSS). So, to expect that they will shun not create a new record of sinking low in this kind of politics even if it divides the society electoral campaigning in these elections after and country will be too much to expect from what they did in Gujarat. All parties must them because it will be like signing their own remember that the elections in the biggest death warrant so far as their kind of politics is democracy are watched the world over and concerned. An Appeal For Donations For Republishing books written by M.N. Roy & other Humanist Literature
Indian Renaissance Institute has embarked upon republishing/reprinting the large amount of books & other material written by M.N. Roy as most of them have gone out of print, though requests for these books continue to pour in into our office. Connected humanist literature will also be published. Following books, at the first instance, require immediate publication: ‘New Humanism’; ‘Beyond Communism’; ‘Politics, Power and Parties’; ‘Historical Role of Islam’; ‘India’s Message’; ‘Men I Met’; ‘New Orientation’; ‘Materialism’; ‘Science & Philosophy’; ‘Revolution and Counter-revolution in China’; ‘India in Transition; Reason, Romanticism and Revolution’; ‘Russian Revolution’; Selected Works – Four Volumes(1917- 1922), (1923-1927), (1927-1932) and (1932-1936); ‘Memoirs’ (Covers period 1915-1923). We request readers and sympathizers to donate generously for the above project as this literature will go long way in enriching the humanist and renaissance movement in the country. Cheques/Bank drafts may be sent in the name of ‘Indian Renaissance Institute’ to: Satish Chandra Varma, Treasurer IRI, A-1/103, Satyam Apartments, Vasundhra Enclave, Delhi- 110096. (M) 9811587576. Email ID:
6 THE RADICAL HUMANIST February 2018 Articles and Features: Those Who Want Modi’s Removal on Any Terms Ignore the Fact that He Is A Symptom, Not A Cause Hartosh Singh Bal If Modi is to lose power at some point—however unlikely it may still seem—to a Congress that seems to have learnt nothing since 2014, we would only be strengthening the RSS and what it represents. More than three years ago, when Modi swept machine that he controls and oversees. But it into power, the number of critics was few, and would have amounted to little without the work those willing to take a clear public stand even of two organisations—the Congress and the fewer. After the shocking murder of the senior RSS. journalist Gauri Lankesh this past September, it By 2014, the Congress had become a was clear from the nature and extent of the mockery of what the name represented before ensuing protests that this had changed the advent of Indira Gandhi. Unchallenged dramatically. During a protest at the Press Club within, the Nehru-Gandhis left in the party in Delhi, people were practically fighting for the seemed to have neither the ability nor the microphone, wanting to be seen to be protesting. appetite for electoral politics. They ran the After hearing Sitaram Yechury, D Raja, government by proxy, weakening the already Rajdeep Sardesai and Barkha Dutt, I had had timid image of Prime Minister Manmohan Singh. enough. When I later expressed my Their sporadic and wilful interventions left the discomfort—given that I had earlier written that impression that no one was really in charge, and “the path away from Modi cannot lead us back cabinet ministers from the party or its allies ran to the Congress”—a friend asked me, “Where their ministries as businesses pursuing personal would this neti, neti lead?” It is a fair question, enrichment. From the 1980s onwards, no new but journalists are diagnosticians—solutions prominent party leader with mass support must come from elsewhere. I had then stated, emerged. Instead, the party was staffed by “The danger of the current liberal consensus is lawyers, technocrats and managers who were that it seeks to speak against a new comfortable in Delhi and nowhere else. Their establishment without looking within. The rise to prominence was not guided by a sense compromises and corruption that liberals of ethics or principles, and it was only boosted participated in during the UPA’s rule are what by a starring role in the massacres of the Sikhs led us to Modi in the first place.” This is even in 1984. The party had become a patronage more evident today. network. Modi may no longer command the awe that This corrupt Congress leadership permeated he did in 2014, and we are seeing the beginnings the business and intellectual life of the republic. of an opposition forming around the Congress, In the interaction between corporates and the but in wishing an end to Modi’s regime, it is Congress, it was difficult to tell where business necessary to begin with some understanding of ended and politics began. This part has been why he became prime minister in the first place. well-documented, but much the same was true Of course, he is a man who has built up a mass of academics, journalists and civil-society appeal, backed by a well-organised publicity activists. The universities had become places
February 2018 THE RADICAL HUMANIST 7 with eminences close to the Congress or the Shortly after, the global downturn in the Left (strangely no one seemed uncomfortable economy began to be felt in India, but the free with this odd intellectual partnership)—with their play of the god market continued to gain new best work well in the past. These institutions adherents. These adherents were more than were busy creating fiefdoms which employed happy to buy into a new narrative of grievances their mediocre students. Espousing ideas that that were responsible for their economic once animated the Congress, the academics woes—the same Congress which they had no were happy conflating these ideas with the husk problem voting for in 2009, when the economy that now survived; a confusion that was was booming, had now transformed into a beneficial to them and the party. In much the corrupt anti-Hindu formation. Though the same way, many journalists had moulded Congress had given good grounds for shaping themselves to this patronage network. As long such a narrative on corruption, it is unlikely it as they had a patron in the party, their ideological would have taken hold if the economic downturn bent mattered little. had not occurred. Perhaps the sin least highlighted is the role of Through the period from 2004 to 2009 the RSS civil-society activists. It is impossible to speak continued its steady growth, working quietly on of crony capitalism of that time without also the ground where it did not have political addressing the question of crony civil-activism. patronage, and overtly in states such as Madhya The industrialists who worked closely with the Pradesh, where it did. The organisation was United Progressive Alliance were good at what ready to repeat the template established in states they did, but much of what they achieved, for where it had the patronage in the rest of the better or worse, came about because of their country when the opportunity became available, proximity to power. Much the same can be said as is the case now. Once the global economic of civil-rights activists who worked with the UPA downturn hit and the Congress began to implode, through mechanisms such as the National the RSS seized its chance. Advisory Council. Whether they like it or not, Praveen Donthi highlighted this turn of events such an association does not just work one in his profile of Ajit Doval in The Caravan’s way—the change they brought in this fashion, September 2017 issue. While discussing a two- sometimes commendable, has also left them day seminar on “black money,” which was tainted by their association with a corrupt organised in April 2011 by the Vivekananda India regime. Foundation—a think tank affiliated with the Through this period the political focus was on RSS—Donthi writes: the BJP, which, headed by ageing politicians such The attendees included Doval and as LK Advani, seemed to lack the ability to take Gurumurthy, the god-man Baba Ramdev, the on the Congress. By 2009, it seemed India was social activist Anna Hazare, the anti-corruption living out a paradox—a 2007 CSDS survey campaigner Arvind Kejriwal, the politician showed that religiosity had increased Subramanian Swamy, the retired police officer “considerably” over the preceding five years, Kiran Bedi and the RSS pracharak KN but this did not seem to find an echo in greater Govindacharya. Soon afterwards, Hazare and support for the political Hinduism or Hindutva Ramdev began much-publicised fasts against of the BJP. At the time, it seemed to me that the corruption, accusing the ruling government of BJP’s failure to harvest souls was a result of ”the having abetted it. These sparked a massive free play of the God Market [babas and deras] protest movement that proved disastrous for the and a fast expanding economy.” government, and provided the BJP, the RSS’s
8 THE RADICAL HUMANIST February 2018 electoral offspring, with a crucial platform for Congress is already battling on RSS turf. If the its successful 2014 election campaign. alternative to Modi is to be a Congress even During this election campaign, while the focus further weakened than it was during 2009–2014, was on the corrupt Congress, the RSS clearly even less emboldened, it will only give us another enunciated its aims, evident to those used to the round of disenchantment with Congress rule language in which the Sangh expresses itself. harnessed by an ever-stronger RSS. It would The changes in the curriculum, the emphasis be followed by another BJP government, with on the “civilizational consciousness of India,” a leader perhaps as much to the right of Modi, the omission of Jawaharlal Nehru, BR as Modi was to that of Vajpayee. Ambedkar, Bhagat Singh, Maulana Azad from In such an atmosphere, the self-styled those prominent in the freedom struggle were liberals—from columnists and academicians to all apparent in the 2014 BJP manifesto. civil-society activists—backing the current Today, those who want Modi’s removal ignore version of the Congress or Rahul Gandhi are the fact that he is a symptom, not a cause. His really not arguing for an end to the dangers Modi removal, without confronting the changes the represents. They are largely battling for a return RSS has wrought, means nothing. If he is to of the privileges they lost in 2014, and doing lose power at some point—however unlikely it nothing that the RSS would not relish. It would may still seem—to a Congress that seems to be tragic for the rest of us if this were to happen, have learnt nothing since 2014, we would only perhaps no less tragic than the return of Modi be strengthening the RSS and what it represents. in 2019. The ever-expanding size of Rahul Gandhi’s tilaks Hartosh Singh Bal is the political editor during the Gujarat campaign, his inability to at The Caravan, and is the author of Waters speak of the rights of religious minorities (leave Close Over Us: A Journey Along the alone voice the term “Muslim”), and his failure Narmada. He was formerly the political editor to articulate an alternate economic vision or face at Open magazine. up to its sins of the past indicate that the Courtesy Caravan, 8 January 2018. Power Hedged by Safeguards It is useless to trust in the virtue of some individual or set of individuals. There must be power, either that of governments, or even ordinary criminals. But if human life is to be, for the mass of mankind, anything better than a dull misery punctuated with moments of sharp horror, there must be as little naked power as possible. The exercise of power, if it is to be something better than the infliction of wanton torture, must be hedged round by safeguards of aw and custom, permitted only after due deliberation, and entrusted to men who are closely supervised in the interests of those who are subjected to them. Bertrand Russel in Power
February 2018 THE RADICAL HUMANIST 9 Modi: Foe or Friend of Corruption Prabhakar Sinha Narendra Modi has been projecting himself a fact that there is no Leader of the Opposition as a crusader against black money and since no party has the required number in the corruption, but the record of his conduct Lok Sabha to claim that post. When someone contradicts him .While he was the Chief filed a writ in the apex court for a direction Minister of Gujarat in 2003, the Lok Ayukt of to the government to appoint the Lok Pal, his the state had resigned and the office of the government submitted that the appointment Lok Ayukt fell vacant .As the Chairman of the could not be made as there was no Leader of committee empowered to appoint the Lok Opposition , who was one of the members of Ayukt, a crusader against corruption was the selection committee .The government also expected to fill the vacancy at the earliest and informed the court that a bill to amend the much sooner than any other Chief Minister ; relevant Act had been introduced to replace but he went on evading the appointment till 2011 the expression Leader of Opposition by the thus leaving the state without a Watchdog Leader of the largest party .The court directed against his administration for 8 years the government to make the appointment .Exasperated by his persistence to evade the despite there being no Leader of Opposition. appointment of the Lok Ayukt, in 2011 the Several months have passed but the Chief Justice of Gujarat High Court (who was appointment has not been made till date. a member of the Selection Committee) recommended Justice R.A. Mehta for the Modi was legally right in challenging the appointment. The Governor appointed him. appointment of Lok Ayukt without the Modi challenged the appointment in the High recommendation of of the selection committee Court, but lost. He appealed to the Supreme , the courts rejected his plea in view of his Court against the judgment of the High Court evasion to have an anti-corruption body looking but lost there also However, Justice Mehta, into the conduct of his government though it who was regarded as a judge with an criticised Governor Kamala Beniwal for making unimpeachable character declined to join. the appointment without the committee’s Taking advantage of his refusual, Modi recommendation. The same consideration amended* the Lok Ayukt Act to replace the appears to have weighed with the Supreme Chief Justice of the High Court by a judge of Court in directing the government to appoint the the High Court .The other members of the Lok Pal without the Leader of Opposition. The committee were the Speaker of the Vidhan court must have been aware that the proposed Sabha, a Minister of his cabinet and the Leader amendment to the Lok Pal Act could have been of the Opposition. made by an ordinance to remove the difficulty, Thus, he made sure that he would be in a but it was not done when promulgating majority and would be appointing a person ordinances again and again to serve the vested suitable for himself .The self proclaimed and interests - (his own or his benefactors) is a way acclaimed crusader repeated the same feat as of life with Modi. Prime Minister by evading the appointment of the Lok Pal on the ground that one of the According to the information obtained under members of the Selection Committee i.e. the RTI Act,2005 and released to the media at a Leader of the Opposition, is not available .It is press conference by the Congress, Modi made
10 THE RADICAL HUMANIST February 2018 a scandalous 100 journeys between 2003 and between Rs 2000.00 to Rs 25000.00 as fine and 2007 (as C.M.) in chartered planes costing more may be jailed for up to 6 months than 16 crore .The state government did not 3. The government would not be bound to meet the cost of these trips in luxurious private act on the report filed by the Lok Ayukt planes .The journeys were made by planes 4. The government will have the power to owned by rich businessmen , who also kept him exclude any functionary from the jurisdiction of company .Out of these 100 trips ,96 were in India the Lok Ayu and the four were to China, Japan, South Korea and Switzerland .These facts were not P.S. Before the Modi devotees, fellow contradicted . travellers and apologists begin their chorus of calling other politicians corrupt to divert attention, If with this track record a person is I would like to clarify that any politician who considered honest and a crusader against deals in black money to manage elections and corruption, honest men would be asking for some the party, gives false account of his election other word to describe themselves to avoid being expenses and takes money not accounted for is bracketed with Modi. corrupt to the core .So, to me none of this tribe is clean. * The salient features of the new Lok Ayukt Modi has been singled out for his claim to be Act of the self proclaimed Crusader: clean and a crusader against corruption and black 1. The Lok Ayukt has to seek government money. permission before acting on a complaint. 2. If the complaint is found to be frivolous, Prabhakar Sinha is a former national the complainant may be fined any amount President of PUCL.
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February 2018 THE RADICAL HUMANIST 11 Master of the Roster and Judicial Norms N.D. Pancholi Allocation of cases to several benches by Commission to investigate allegations against the the Chief Justice of India whether in the Gandhian institutions for using their charitable Supreme Court or in the High Court by the organizations for political purposes and thus respective Chief Justices has always been a charged them for misusing of funds. These sensitive issue. Though the Chief Justice is institutions included Gandhi Peace Foundation, supposed to be the master of the roster, i.e., he Sarv Sewa Sangh, Association of Voluntary has prerogative in allocation of cases to Organizations, Citizens For Democracy etc.etc. particular benches of the court but that cannot These organizations were in the forefront during be done in arbitrary and selective manner. JP movement (1973-75). They were also very Certain precedents and rules have been evolved active in opposing the ‘emergency’ which was under which particular benches are fixed to hear imposed in June 1975. It was obvious that the particular types of cases and there cannot be motive of the then Congress government in departure from this practice. A well established establishing the Kudal Commission was to precedent has further been evolved that if a punish and victimize these organizations for their matter is being heard by a particular bench, it role in the JP Movement. The Kudal cannot be transferred to any other bench by Commission started issuing notices to these the Chief Justice so long as that particular bench organizations on baseless allegations. The is hearing that matter. Important and sensitive organizations had engaged senior advocate S.C. cases which may have serious repercussions in Malik for their defence. S.C. Malik was a very eroding democratic values and abridging reputed lawyer, was a ‘Royist’, and had done fundamental rights, have to be assigned to the many landmark cases. During the emergency senior judges. While allocating cases settled he was the first one to take up cases on behalf judicial discipline and decorum has to be of the detenues, including the case of Kuldip maintained by the respective Chief Justices. Nayar whose detention was soon quashed by However it appears that the present Chief the High Court of Delhi. Malik had the rare Justice of India has been flouting these well distinction of being the advocate in the judicial established judicial norms and allocating cases history of independent India who, on behalf of in selective manner and even not listing the the combined opposition, had cross-examined cases before those benches which had earlier the sitting President of India, namely Mr. V.V. been hearing and dealing with such cases. The Giri in the proceedings in the Supreme Court senior four judges of the Supreme Court have as Giri’s election was challenged therein. rightly said that unless this institution, i.e., the Kudal Commission started issuing notices to Supreme Court, is preserved and it maintains the said Gandhian institutions and the same were its equanimity, democracy will not survive in challenged in the High Court of Delhi. As per this country. Flouting such settled judicial roster, the cases came to be heard by the court norms always creates tensions and heartburning of Justice T.P.S. Chawla who started issuing –not only to the litigants but also to the judges stay orders against the various notices of the who are entitled to hear such cases. In this Kudal Commission. While these cases were connection I remember one interesting episode. being heard by Justice Chawla, one fine morning When Mrs. Indira Gandhi came to power in we found that the cases were listed before the 1980, her government constituted Kudal bench of the Chief Justice. We were all
12 THE RADICAL HUMANIST February 2018 surprised as it was very unusual and was against keep this case with you for hearing, in that case the norms. When the hearing started in the court I shall file contempt of court petition against you of Justice Chawla, the conversation between in the court of Justice Chawla.” Malik came the Chief Justice and S.C. Malik took place out of the court in anger. somewhat in the following manner, coupled with Soon we came to know that the Chief Justice heated exchanges: had sent the case back to the court of Justice Malik to the Chief Justice: How this case Chawla. has been listed before your Lordship? It was I asked Malik as to how he could threaten being heard by the Court of Justice Chawla! the contempt proceedings against the Chief Chief Justice: I have assigned this case to Justice! And what if Justice Chawla declined my court. to issue contempt notice to the Chief Justice – Malik: How can you do it? It is against the a fellow judge of the court? Malik replied with well settled precedents. confidence, “If the Chief Justice had not sent Chief Justice: I have the power to do it. It is the case back, I would have filed contempt for me to decide the allocation of the cases. petition against the Chief Justice and I am sure Malik, in heated voice: You cannot do it. You that Justice Chawla would have issued have committed the contempt of the court of contempt notice to the Chief Justice.” And he Justice Chawla by taking away this case from added with a smile, “Chief Justice knew this.” his roster. You have to send the case back to Thus the Chief Justice was wise enough to the said court. avoid the confrontation. Chief Justice: I will not. I am acting under (N.D. Pancholi is an advocate in the Delhi my prerogative. High court and Vice President of PUCL Malik, shouting at the Chief Justice: “If you national) Articles/Reports for The Radical Humanist Dear Friends, Please mail your articles/reports for publication in the RH to: [email protected], or [email protected] or post them to: E-21/5-6, Sector- 3, Rohini, Delhi- 110085. Please send your digital passport size photograph and your brief resume if it is being sent for the first time to the RH. A note whether it has also been published elsewhere or is being sent exclusively for the RH should also be attached with it. - Mahi Pal Singh, Editor, The Radical Humanist Swami Vivekananda on sectarianism, bigotry and fanaticism “Sectarianism, bigotry and its horrible descendant, fanaticism, have long possessed this beautiful Earth. They have filled the earth with violence, drenched it often and often with human blood, destroyed civilization, and sent whole nations to despair.” Swami Vivekananda Chicago, Sept 11, 1893.
February 2018 THE RADICAL HUMANIST 13 November 25, 2017 Interview: In order to protect one man, the Judicial system has singularly failed - Sr. Adv. Dushyant Dave Murali Krishnan The controversy surrounding the death of disappointing. judge BH Loya has been raging on social Two years ago, you had written a letter media the past week. The allegation that to then Chief Justice HL Dattu opposing former Bombay High Court Chief Justice Mohit elevation of Justice Mohit Shah to Shah offered bribe to judge Loya to decide Supreme Court? The media had refused Sohrabuddin encounter case in favour of BJP to carry it back then. Do you see a repeat leader Amit Shah, has shaken the legal of the pattern? fraternity. Today, the Media is thoroughly compromised. Two years ago, Senior Advocate Dushyant That is the biggest challenge. However, I don’t Dave had written a letter to then Chief Justice blame them completely. There is an atmosphere of India, HL Dattu opposing Justice Mohit of fear today in the country. Shah’s elevation to the Supreme Court. Bar & The difficulty in India is that media is Bench’s Murali Krishnan spoke to Dave about controlled by rich business houses and those his views on the controversy, the recent episode business houses have a lot to hide. They have relating to Medical college bribery scam and lot of skeletons in their cupboards. As a result, more. Below are the excerpts. the media controlled by them is automatically forced to remain silent. Was the news about Justice Mohit Shah surprising? Justice Mohit Shah has refused to speak I have stopped getting surprised at the on this issue. indiscretions on the part of judges. But yes, it is I have no doubt about the fact that Justice extremely shocking. Mohit Shah has not only done great damage to himself and to the institution of judiciary but also Do you think such alleged infractions on to the cause of justice. the part of judges have become more Judicial system has singularly failed, in order frequent in the last five to ten years? to protect one man – Amit Shah. We are not a There is no doubt about the fact that judiciary fragile nation with a fragile judiciary. We have is a great institution. It has great judges even a very good judiciary. Yes, we do have today. However, the difficulty is that there is a aberrations like ADM Jabalpur but otherwise minority in the judicial system, which is our judiciary has always come forward to transgressing its limits and indulging in protect the rule of law and to ensure that misconduct and that is giving judiciary an fundamental rights of citizens are protected. extremely bad name. But what about the rights of the brother of But what saddens me most is that the Sohrabuddin? Does he not have rights? Let us majority of good judges remain silent and are assume that Sohrabuddin and his friend had not willing to rise against this epidemic which is criminal antecedents. What was the fault of his setting in. I would say that is extremely wife, who was murdered in extremely shocking
14 THE RADICAL HUMANIST February 2018 circumstances? gone completely haywire. The first judge, who The State has an obligation to investigate so was hearing the matter, was transferred under that nobody does this. The Supreme Court has very suspicious circumstances by Chief Justice repeatedly said that fake encounters have to Mohit Shah. This was done despite clear stop. If we are going to allow the police to direction by the Supreme court that the same become our accuser, prosecutor and judge, what judge should conduct the trial from beginning to is going to happen in this country? Nobody will end. be safe. It was a direction to the administrative I must say with great regret that Justice committee of the Bombay High Court. This Mohit Shah has actively abetted in what has directive is binding on the High Court under happened. His role and the role of lawyers, who Articles 141 and 144. By not complying with were guiding the case, need to be independently the direction, the administrative committee of investigated. He was not acting alone. He was High Court has committed contempt of court. under the guidance of many lawyers. It is high If they felt that the learned judge wanted a time that somebody goes into it and re-opens voluntary transfer, they should have moved the the whole thing. Supreme Court and taken Supreme Court’s permission. That is the least they could have There are lots of allegations about lower done. They did not do that. judiciary being compromised, especially in The second judge who heard the case was States like Gujarat. What are your thoughts, Mr. Loya. He passed repeated orders directing especially in the light of the recent reports Amit Shah to appear before the court. Since, it on Judge Loya’s death? is a criminal case, the accused cannot skip the Let us not blame the lower judiciary alone. hearing unless he is expressly exempted. Let us try and understand the facts of this case. And then Mr. Loya passed away. We don’t The fact of the matter is that three people were know how he died. But there is no doubt that killed – Sohrabuddin, his wife Kausar Bi and his death has happened in extremely suspicious Sohrabuddin’s friend Prajapati. The Supreme circumstances. It needs an immediate Court appointed an SIT to investigate the case. investigation at the highest level. The SIT comprised of officers of the Gujarat What is disgusting is that the administrative police including the present Acting DGP Geeta committee of the Bombay High Court including Johri. They gave a report to the Supreme Court the then Chief Justice did not immediately hold admitting that the killings were fake an enquiry into the death of one of their own. If encounters. you fail your own subordinate judiciary, you have This was at a time when Narendra Modi no right to become High Court judges. You have was the Home Minister of Gujarat and Amit an absolute duty towards them and you have Shah was the Deputy Home Minister. failed in that duty miserably. I would say it is The Supreme Court then transferred that not an innocent failure, they have failed case to CBI because it felt that Gujarat police deliberately and with mala fide. will not be able to do justice. It just does not end there. The accused are CBI, therefore, investigated and filed a discharged. Why is it that the CBI has not filed charge sheet. A prima facie case was made an appeal against the discharge? I have read out against Amit Shah and other accused the order of discharge and I can say that it can including top police officers. be shred into pieces in seconds. It is completely However, after 2014 elections things have untenable.
February 2018 THE RADICAL HUMANIST 15 Today, CBI is running after every opposition judges in courts 2, 3, 4 and 5 are being completely leader, maybe justifiably, I have no grievance overlooked when it comes to such cases. about that. But they have an equal duty to file The Supreme Court has ruled that CJI is the an appeal against that discharge [in Sohrabuddin master of the roster. Let us accept that. case] forthwith to the High Court. However, the allocation of matters has to be Further, Harsh Mandar filed an appeal to the fair and reasonable. Supreme Court. The Supreme Court was We have a great institution, a great judiciary. justified in dismissing the same because it felt I respect my judges a lot. I hope that judges that Mandar lacked the locus to file an appeal. would correct themselves as quickly as possible. But at that stage the Supreme Court could have perhaps asked the CBI, which was appearing Do you think certain judgments by the before the Supreme Court, to file an appeal. Supreme Court are helping perpetuate This was a case, which should have been this aura and immunity which the judges brought to a logical end. It cannot be terminated have granted to themselves? In Kamini at the discharge stage. This was not a case for Jaiswal’s case, Supreme Court placed discharge. reliance on DC Saxena case and came Judicial system should swing into action down heavily upon you for forum immediately and take remedial and corrective shopping? measures by using extraordinary powers under I have my own views about that. First and Article 142 so as to correct this injustice. A life foremost, there was no disrespect meant to the has been lost, we don’t know for what reason, CJI. If you read the petition filed by Kamini but justice has been the biggest victim. Jaiswal and Prashant Bhushan, you will find that What message are we sending to the the first ground taken by them was to protect subordinate judiciary? Which judge will risk his the integrity and independence of judiciary. This life today? Subordinate judges work in the most was because there is a possibility that the CBI trying conditions. They are vulnerable from all had deliberately filed false FIRs to put pressure quarters – criminals, police, rich people, on the Supreme Court judges. politicians. They are under tremendous pressure Since the matters with respect to which FIR and are facing tremendous challenges. It is, was filed were matters which were being heard therefore, imperative that the higher judiciary by the Hon’ble CJI, it was a very fair request does something. made that the matter should not be dealt with I really hope and pray that at least the by the CJI on administrative or judicial side. administrative committee of Bombay High I had made that request and I am not Court – because I don’t expect anything to be ashamed of it. It was, in fact, made to protect done by the Supreme Court in today’s the CJI and insulate him so that nobody would environment – does something in the matter raise a finger against him in future. immediately before people lose complete faith Justice Chelameswar’s order, referring the in the judicial system. matter to five senior-most judges, was an extremely fair order. Why should it go to judges Why do you think the Supreme court will whom CJI had decided? That has raised more not act? questions than answering them. I don’t think that will happen in today’s The prayer was to have an SIT probe under environment. Every politically sensitive matter is a former CJI. What was wrong about that handled by certain Benches. The senior-most prayer? Supreme Court should have lapped up
16 THE RADICAL HUMANIST February 2018 the opportunity and hit out at the CBI for its stood up in the court and said, ”Prashant approach. Bhushan and Kamini Jaiswal should The judiciary should have come clean withdraw the petition and apologise to the abreast instead of seriously misunderstanding court.” I think that was a dark moment in the us. Neither Kamini Jaiswal nor Prashant history of Supreme Court. Bhushan nor me meant any disrespect to the When Mr. Venugopal was appointed AG, I Hon’ble CJI. had spoken to you about how it was a very good choice. We wanted and expected Mr. What is your take on the stance adopted Venugopal to be like Motilal Setalvad and HM by the Bar on the issue? Seervai and not like Niren De. A. The Bar also equally misunderstood the I love judiciary. It is not that I want to issue and lost the opportunity to guide the judges. criticise judiciary. But unless we are critical The Bar should have guided the judges and said from within, we cannot improve judiciary. How that CBI is misconducting itself and trying to long will we tolerate corrupt judges? There portray a terrible image of this court. It was a have been dozens of them in Supreme Court. golden opportunity for the Bar to insulate the Nobody can deny that. Even CJI Bharucha had judiciary from the executive pressure but the said so. Bar lost that opportunity. Speaking up against it calls for great I have great regard for Mr. Suri and others sacrifice. Today I am being criticised by virtually but they should have put it to the General Body everybody. Fair enough, I am willing to stand where they could have been counselled by the up and face that criticism. It calls for sacrificing General Body to adopt the right course. But one’s practice and I am willing to do it. one gathers the feeling that they did it, perhaps I have to look at the institution and at the at the instance of the judges, which is a really future generation of lawyers and judges. What sad feeling. This is a great Bar and it is a great are we going to give them if this kind of dismal opportunity which we have lost. state of affairs is allowed to continue without raising questions? Are we not entitled to raise Last question. You might be the only questions and are judges not expected to answer Senior Advocate at the Supreme Court who them? speaks up even if it is against judges. Why I have come to realise that good judges or do you think the Senior Bar maintains maybe all judges protect each other under the silence on issues which directly affect the false notion that if they talk about it in open, Bar and the Bench? judiciary’s name will be tarnished. But that is To stand and speak up calls for inviting not true. Judiciary’s name is getting tarnished unpopularity and very few people are willing to even otherwise by these few errant judges. do that. Judiciary’s name will shine if good judges stand I must tell you that I am deeply disappointed up and try and take corrective measures. by Mr. Fali Nariman, Mr. Soli Sorabjee and the Importantly, good lawyers should also do it Attorney General, Mr. KK Venugopal. without worrying about their briefs. We have They have not understood the matter relating all grown up and studied law worshiping the likes to filing of FIR by CBI which pointed fingers at of Nariman, Sorabjee and Venugopal. And when the CJI, and have gone ahead and expressed they fail us, then I feel they have failed the their opinions. institution and the younger generation of lawyers It was a matter of great regret that the AG like me. It hurts me personally.
February 2018 THE RADICAL HUMANIST 17 ‘Had the SIT not balked, Modi would have been facing a trial’ Prasanna D Zore ‘I don’t think there is a need to order a fresh investigation into the complaint against Modi & Co. As the amicus curiae Raju Ramachandran said in his report to the Supreme Court, the existing material is more than sufficient to prosecute Modi and other high- ups of his regime,’ Manoj Mitta, author of the book The Fiction Of Fact-Finding: Modi and Godhra tells Rediff.com’s Prasanna D Zore. In his recent interview to ANI, Gujarat Chief independence of the judiciary will be tested Minister Narendra Modi claimed that there is more than ever before,” believes Mitta, a senior not ‘even a grain of truth’ in the allegations editor at The Times of India. leveled against him for his role in the post What leads you to write such diligently Godhra riots of February-March 2002. researched books that take on the might Senior journalist Manoj Mitta’s book The of the establishment? Fiction Of Fact-Finding: Modi and Godhra First, it was When a Tree Shook Delhi makes a serious, sincere and scholarly attempt that exposed the lame fact-finding to ferret out the gaps in the Supreme Court- techniques that various inquiry appointed Special Investigation Team that, Mitta commissions employed to protect powerful feels, “was far from effective”, resulting in Modi Congress politicians involved in the anti- getting off the hook for his alleged complicity in Sikh carnage that followed then prime the Gujarat riots of 2002. minister Indira Gandhi’s assassination, and Mitta’s book argues that the SIT was not now with The Fiction Of Fact-Finding: Modi sincere enough to get to the bottom of the matter, and Godhra that exposes similar attempts but avers ‘the existing material is more than by the Special Investigation Team that let sufficient to prosecute Modi and other high-ups Modi get away? of his regime’. Both books grew organically from my “Had the SIT not balked at asking questions journalistic engagement with the process of fact- on issues of far greater consequence, Modi finding. The engagement was deep and would have most likely been facing a trial, as sustained. recommended by another Supreme Court My concern though was not only with the appointee, amicus curiae Raju Ramachandran,” mass crimes that had been committed in 1984 says Mitta. and 2002. Nor was I content with just grasping In this candid interview with Rediff.com’s the findings handed by various state agencies. Prasanna D Zore over e-mail, Mitta answers My priority has actually been on tracking a range of questions surrounding the SIT how exactly those conclusions had been arrived investigation and his hopes that the Gujarat high at, whether the findings really matched the court or the Supreme Court “will make amends testimonies and other evidence recorded by and reject the SIT’s finding that there was not those very courts and commissions. enough prosecutable evidence against Modi and As a human rights journalist, I have strived others.” to expose impunity and institutional bias, the dirty “In the prevailing political environment, the tricks played by police and judicial authorities
18 THE RADICAL HUMANIST February 2018 to shield the political and administrative high- book is, in fact, about Raghavan’s own ups accountable for the mass crimes. indictment for the security lapses leading to Did you receive any threats from people Rajiv Gandhi’s assassination in 1991. who thought these books could harm But as this indictment had glossed over the careers? gravity of the evidence on record, it allowed No, I have not received any threats. After the Vajpayee government to resurrect his career the publication of the Gujarat book (The Fiction in 1999 when he was given the coveted post of Of Fact-Finding: Modi and Godhra), I did CBI director. face hostility, though it was not from any of the This in turn paved the way for the crucial persons directly accountable for the violence post-retirement assignment from the Supreme or the cover-up. Court entrusting Gujarat carnage cases to him. Do you think the SIT deliberately let Are you suggesting through the title of Modi off the hook by not asking him your Gujarat book that the entire fact- questions that could have possibly nailed finding conducted by the SIT under the his complicity in the riots? leadership of its chairman R K Raghavan The gaps and contradictions in the SIT report was a sham? pointed out by my book do establish that this The Supreme Court’s intervention in Gujarat Supreme Court-appointed team deliberately let 2002 (investigations by appointing the SIT) Modi off the hook. made a dent in India’s record of impunity in The deficiencies in the investigation were communal violence cases. It led to convictions most glaring in the SIT’s failure to ask obvious in some of the most egregious cases, most follow-up questions. notably being of Modi’s minister Maya Kodnani The SIT refrained from pinning him down for her complicity in the Naroda Patiya on any of the dodgy claims made by Modi when massacre. his testimony was recorded in 2010. But when it came to the complaint directly Take his claim on the very first post Godhra related to Modi, along with 60 others of his massacre, which took place at Gulberg Society regime for the entire Gujarat carnage, the in Ahmedabad on February 28, 2002. Though Supreme Court’s monitoring of the SIT the massacre had been all over by 3.45 pm, Modi investigation proved to be far from effective. claimed that he had come to know of it only The saving grace is that it yielded rich after 8.30 pm, which was a gap of five hours. material laying bare, however unwittingly, The SIT did not challenge this incongruity despite the lengths to which the SIT had gone despite recording a list of meetings Modi had to shield Modi. held with police officers through the day, The oxymoronic title of my book is indeed apparently to track the violence real time as he inspired by the travesty of fact-finding on Zakia was both the chief minister and home minister Jafri’s complaint. of Gujarat. Modi recently reiterated in an interview What purpose would you ascribe to the to ANI that there was ‘no grain of truth’ in SIT letting Narendra Modi get away? the allegations about his complicity in the The book dwells on the controversies related post Godhra riots? to the flawed composition of the SIT, beginning He also admitted in that interview that he with the unsuitability of R K Raghavan as its had stopped taking questions from the media chairman. about the riots way back in 2007. One of the biggest revelations made by the This is disingenuous because, in the wake
February 2018 THE RADICAL HUMANIST 19 of all the details that have come to light through place of SIT chief R K Raghavan? the SIT investigation, Modi has much more to Listing out the questions that had been explain now than ever before. deliberately left out by the SIT would make little The recording of his testimony put him on sense without going into the context of each of the spot on why he had not intervened in the them. Gulberg Society massacre and why in his In my book, you will find both the questions address to Doordarshan the same evening he and their context. And in this interview, I have had denounced only the Muslim perpetrators of already cited the example of unasked questions Godhra and not the Hindu perpetrators of post in the context of the Gulberg Society massacre. Godhra violence. Such follow-up questions could have pinned Hence his claim to the SIT that, despite the down Modi, much in the manner in which he succession of meetings he had held with the had recently been forced by a tightening of the police, he had no clue to the massacre of 69 electoral system to admit for the first time that Muslims in Gulberg Society for as long as five he had a wife. hours. My book has brought out several such implausible claims which he would be hard- pressed to justify. In what way would you say the hushing up of Rajiv Gandhi’s or his government’s complicity in the 1984 anti-Sikh carnage different from the SIT’s hushing up of facts to protect Narendra Modi’s complicity in the massacres that took place in Gujarat in the wake of the burning of the Sabarmati Express? The cover-up of political and State complicity in the 1984 carnage was even more blatant. Back then, the notion of accountability was much less developed. The NHRC (National Human Rights Commission), which served as a catalyst in dealing with the 2002 carnage, had come into existence nine years after the 1984 massacre. Luckily for Rajiv Gandhi, the judicial activism Had the SIT not balked at asking questions had not evolved enough yet for the Supreme on issues of far greater consequence, Modi Court to intervene in politically motivated mass would have most likely been facing a trial, as crimes. recommended by another Supreme Court What could be the ten most crucial appointee, amicus curiae Raju Ramachandran. questions (or for that matter any number Now, that the SIT as well as a magisterial of questions) you would have asked — court in Ahmedabad has given a clean chit which you say in your book that the to Narendra Modi, what legal recourse do Supreme Court-appointed SIT did not — Zakia Jafri and all those wanting to prove the Gujarat chief minister if you were in Narendra Modi and his government’s
20 THE RADICAL HUMANIST February 2018 complicity in the post Godhra massacres This expectation of accountability was, have, apart from appealing against the however, belied by the subsequent bench headed magistrate’s order in a higher court? by Justice D K Jain as it proved to be lax in The matter is now before the Gujarat high various ways in its monitoring of the SIT court. investigation. Given the wide range of unasked questions The final nail in the coffin was the Supreme and the wealth of material on record, I hope Court’s sudden decision in September 2011 to that the high court or at least the Supreme Court cease the monitoring of the investigation, will make amends and reject the SIT’s finding thereby emboldening the SIT to ride roughshod that there was not enough prosecutable evidence over Ramachandran’s recommendation to against Modi and others. initiate criminal proceedings against Modi and In the prevailing political environment, the others. independence of the judiciary will be tested Do you fear the establishment will more than ever before. hound you — as you have mentioned in the Is there a legal provision in the book that your e-mail was hacked into and Constitution by which the entire fact- the SIT’s closure report alleged that you finding exercise conducted into the post- helped IPS officer Sanjiv Bhatt in filing an Godhra killings can be redone and affidavit in court against the Gujarat chief Narendra Modi summoned again by a new minister — if Narendra Modi were to investigation team? become India’s prime minister? I don’t think there is a need to order a fresh Well, any attempt to hound me would be an investigation into the complaint against Modi & opportunity for me to question the veracity of Co. the SIT’s observation against me. As Ramachandran said in his report to the For, the very e-mail annexed by the SIT Supreme Court, the existing material is more shows that when Bhatt had sent me his draft than sufficient to prosecute Modi and other high- affidavit, the only addition I suggested was all ups of his regime. of one sentence, explaining his compulsion for Could the Supreme Court have perhaps approaching the Supreme Court. forced the SIT to ask questions that Yet, in a bid to malign an independent mattered? journalist breathing down its neck, the SIT When a bench headed by Justice Arijit claimed that I had advised Bhatt ‘to incorporate Pasayat referred Zakia Jafri’s complaint to the a few more paragraphs drafted’ by me. SIT in April 2009, it appeared to have pushed This distortion by the SIT has been picked the envelope of accountability as Accused No up by Modi trolls to divert attention from the 1 named by the complainant (Zakia Jafri) was issues raised by my book. none other than Chief Minister Narendra Modi. Courtesy Rediff.com, April 23, 2014 The Radical Humanist on Website ‘The Radical Humanist’ is now available at http://www.lohiatoday.com/ on Periodicals page, thanks to Manohar Ravela who administers the site on Ram Manohar Lohia, the great socialist leader of India. - Mahi Pal Singh
February 2018 THE RADICAL HUMANIST 21 Who Wants Probity in Public Life? S.N. Shukla Lord Krishna said in Bhagwad Gita that validity of the 1997 Rules. Thereafter, Type VI whatever important persons do others follow; bungalows were again allotted to subsequent whatever standards they set other people act Chief Ministers even against these Rules without accordingly. However, the shameful spectacle recovering additional cost of construction and of prime public property being grabbed by rulers rent as per the amended Rules and several themselves for personal/party purpose in UP and Crores rupees were spent on their furnishing Rajasthan is a case of fence eating the field. contrary to prohibition in the Rules. The first six Chief Ministers of UP were men Thereupon, Lok Prahari, of which late Shri of high ideals. They believed in simple living and D. N. Mithal’s son late Shri Anirudh Mithal, high thinking and set an example for this. They former GM Railways, was also a member, filed never used their official position for personal its first PIL Writ Petition (Civil) No. 657 of 2004 gain or self-aggrandizement. In fact, late Shri in the Supreme Court challenging the validity of Chandra Bhanu Gupta declined official the 1997 Rules and for recovery of cost of residence. He lived in his own simple house in additional construction, furnishings and rent as Pandariba, Lucknow. He also refused use of per the Rules. The main ground taken in the staff car and installation of an A.C. at his said writ petition was that Section 4 (1) of the residence at Government expense. UP Ministers ( Salaries, allowances and Though 5 Kalidas Marg is the official Miscellaneous Provisions ) Act,1981 provides Residence of the Chief Minister, yet since 1990s for allotment of only one government residence successive Chief Ministers got a house allotted to the Chief Minister and that too only till 15 for their residence in addition to the official days after his demitting the office. As a result residence. Not only this, he/she got the allotted of persistent efforts and perseverance for 12 house richly furnished at Government expense. years of the petitioner organization’s General All this with an eye to provide for himself/herself Secretary, who drafted and conducted the with a free furnished residence at Government petition in person, the said WP was finally expense, even after laying down the reins of allowed by the Apex Court on 1.8.2016 directing office. that “the concerned respondents shall In July 1996 Janhit Sangthan, a registered handover possession of the bungalows society of retired senior civil servants, through occupied by them within two months from its Secretary late Shri D.N. Mithal, former today and the respondent-government shall Secretary of UP Vidhan Sabha, filed a writ also recover appropriate rent from the petition no. 1313 (M/S) of 1996 in the High Court occupants of the said bungalows for the at Lucknow against allotment of bungalows to period during which they were in successive ex-Chief Ministers and ineligible unauthorized occupation of the said organizations without any rules to this effect. bungalows”. To cover up this lacuna the state government However, unlike the Government and High framed non-statutory ex-Chief Ministers Court of Uttarakhand who took prompt effective Residence Allotment Rules 1997. Thereupon, action for compliance of the said direction, the the WP was amended for quashing these rules UP government enacted the Uttar Pradesh as unconstitutional and illegal. However, it was Ministers (Salaries, Allowances, and disposed of in August 2001 without deciding the Miscellaneous Provisions) (Amendment) Act,
22 THE RADICAL HUMANIST February 2018 2016 (UP Act No 22 of 2016) and the Allotment judgment that allotment of bungalows of Houses under Control of the Estate in contravention of statutory provisions Department Act, 2016 (UP Act No.23 of 2016) was clearly invalid and unsustainable. to nullify the aforesaid judgment and to provide D. Allotment and occupation of another for allotment of palatial bungalows to ex-Chief official residence was prima facie Ministers. Thereupon, Lok Prahari challenged arbitrary, irrational and discriminatory as the validity of the aforesaid 2016 Acts in PIL no other Constitutional functionary is WP (C) 864 of 2016 on which the Apex Court allowed to have two official residences, was pleased to issue notice on 15.11.2016. and as such is violative of Article 14 of Meanwhile, in gross violation of the express the Constitution. constitutional and statutory provisions and in utter E. The mandate in Article 51A of the disregard of the observations in para 41 of the Constitution applies with much greater Apex Court judgment of 1.8.2016 ( reported in force to the Chief Minister who as AIR 2016 SC 3537), the then Chief Minister of Minister in Charge of the Estate UP occupied, after the said judgment, another department was expected to protect palatial residence ( in addition to his earmarked government residences rather than grab official residence 5 Kalidas Marg) with the the same. obvious intention of retaining it after F. The impugned allotment of the second demitting office. Thereupon, Lok Prahari filed government residence to the CM was on 3.11.2016 a PIL writ petition no. 26454 (M/ against the Directive Principles in B) of 2016 in the High Court at Lucknow against Articles 37 and 39 (b) of the Constitution. this prima facie illegal allotment and occupation G. Allotment a second govt. bungalow by of the second bungalow by the Chief Minister. the Chief Minister to self against the The main grounds of challenge were as categorical statutory provision in Section follows- 4(1) of the 1981 Act was nothing but A. In view of the categorical provision in largesse to self. It was patently malafide Section 4(1) of the UP Ministers and gross misuse of power for personal (Salaries, Allowances, and Miscellaneous and political benefit against the interest Provisions) Act,1981 allotment of another of the State and as such was bungalow, in addition to the official unsustainable in terms of the decisions residence 5 Kalidas Marg, by the Chief reported in (1999) 1 SCC 53 and (2014) Minister to himself was patently illegal 2 SCC 532 (Para 34 and 35). being hit by the doctrine of occupied filed. H. As brought out in paras 34 and 35 of B. It has been held by the Apex Court in a the writ petition, the impugned allotment catena of cases such as the one reported was contrary to the stipulations in the UN in (2006) 5 SCC 386 that where statutory Convention against Corruption to which rules govern the field executive India is a signatory. instructions cease to apply. I. Such blatant illegal gross misuse of C. Occupation of the second government power for self aggrandisement, when the bungalow by the respondent no. 2 ( state is unable to provide even basic Akhilesh Yadav the then CM UP) after services to its people, is clearly against the judgment dated 1.8.2016 of the Apex public interest and could not be Court in WP (C) No. 657 of 2004 ran in countenanced in view of the observations the face of law laid down in the said of the Apex Court in the following cases-
February 2018 THE RADICAL HUMANIST 23 (i) (2014) 9 SCC 1 (Para 82) to officers and guests. Moreover, while (ii) (2001) 10 SCC 305 (Para 26) the Chief Minister and his family will (iii) (2003) 2 SCC 673 (Para 36 occupy first floor, the three Halls on the (iv) (1997) 1 SCC 444 (Para 95) ground floor have adequate A. Intervention of the High Court was arrangements for organising meetings on necessary in this matter of great public large scale. Apparently, privacy for the importance in view of the observations family was not, and could not be, of the Apex Court in the following cases- reason and justification for occupying (i) 2014) 7 SCC (663 (Para 4) the second bungalow in addition to the (ii) (2014) 2 SCC 687 (Para 27) official residence (5, Kalidas Marg) (iii) (2014) 6 SCC (Para 19) which also has all these facilities. B. In the facts and circumstances of the (ii) The judgment overlooked that the oral case the writ petition deserved to be statement of the ld. Advocate General allowed with costs to the petitioner that the official residence (5 Kalidas organisation in terms of the decisions of Marg) was “substantially” used for this Hon’ble Court reported in (2008) 4 office purpose was falsified by the SCC 720, AIR 1996 SC 1446 (Para 71) photocopy of the relevant page of the and AIR 1987 SC 579 (Para 9). official Directory of UP Government, 2016 (annexed as Annexure 5 to the writ However, the said writ petition was petition) which showed it as the dismissed at the threshold at the time of its first residence of the Chief Minister. hearing without even seeking any response from (iii) In the absence of any supporting the state government and the then Chief Minister. evidence, reliance could not be placed on Instead of deciding the validity of the allotment the said oral statement. On the other hand, of second bungalow to the Chief Minister in the the judgment ignored that apart from his light of the aforesaid very valid grounds, the office occupying the entire 5th floor of Court ruled that it “is a matter purely of the Secretariat Annexee building (Shastri convenience” and “In such matters, a hyper Bhawan) and having offices in the technical and pedantic view cannot be taken.” Secretariat main building and Yojana A perusal of the judgment dated 5.11.2016 Bhawan, the Chief Minister had got shows that it suffered from the following glaring constructed a palatial office building (Lok infirmities- Bhawan) at the cost of more than 600 crores. Under the circumstances, (i) Condonation of the prima facie illegal allotment and occupation of another act of the Chief Minister against the residence on the ground of the official express provision in Section 4(1) of the residence being used for office purpose 1981 Act and dismissal of the writ petition could not be justified at all. by the High Court on the sole ground of (iv) The judgment overlooked that the ‘privacy’ (not even pleaded by the ld. submission of the ld. Advocate General Advocate General) was clearly untenable that this practice was followed by earlier in view of the uncontroverted facts that Chief Ministers was of no avail as one like, 5 Kalidas Marg, the 3 storeyed illegal act cannot justify its perpetuation second residence has an office for Chief by others. In this connection it is worth Minister and an entire floor is dedicated mentioning that on Lok Prahari’s WP (C)
24 THE RADICAL HUMANIST February 2018 no 231 of 2005 the Apex Court was Ministers in the face of the landmark pleased to strike down in July 2013 sixty judgment dated 1.8.2016 of the Apex two years old provision in Section 8(4) Court. of the Representation of the People (viii) Also, the observation that the aforesaid Act,1951 which permitted even murder contention “cannot be considered as the convicts to continue as “Hon’ble” vires of the amendment Act, 2016 has Members of Parliament/State not been challenged by the petitioner Legislature. before us” overlooked that the said (v) The assumption that partial use of the Amendment Act had nothing to do with official residence encroached upon present case as the said Act relates to privacy of the family was not based on allotment of residence to ex-Chief any material on record. Nor did the Ministers, whereas in this case learned Advocate General take this occupation of two residences by the plea in his statement before the serving Chief Minister in patent violation Hon’ble Court. Moreover, no such of Section 4(1) of the 1981 Act and conclusion could be reached without Article 14 of the Constitution and the law having a look at the building plan and laid down in the petitioner’s earlier case layout of the various structures in the 5 (reported in AIR 2016 SC 3537) was Kalidas Marg and the purpose for which challenged. they are used. (ix) (ix) The judgment also overlooked that (vi) Morevoer, the judgment also overlooked when the Apex Court had struck down that in case this plea was accpted,other the 1997 non-statutory Rules for allotment constitutional and high statutory of bungalows to ex-Chief ministers on functionaries having offices in their the ground of being in violation of Section residence for official meetings and 4((1) of the 1981 Act and Article14 of visitors will legitimately claim another the Constitution, the allotment of second residence for family on the ground of bungalow to self by the Chief Minister privacy and denial of the same facility could also not be sustained for the to them will attract Article 14 of the same reasons. Constitution. (x) (x) In view of the irrefutable position (vii) The observation that the contention that stated above and settled legal position that the impugned allotment has been made uncontroverted averments have to be only to facilitate retention of the bungalow taken as admitted and proved, the writ after demitting office ‘is presumptuous petition could not be dismissed summarily at this stage’ ignored that the Chief at the threshold without adjudicating the Minister did not need the second very valid legal issues raised therein. bungalow for 4½ years and occupied it just a few months before expiry of Accordingly, the petitioner organisation filed his tenure which confirmed the a Special Leave Petition (C) No. 1500 of 2017 in inescapable natural and logical the Supreme Court for intervention in the special conclusion that this was done to retain and exceptional circumstances of the matter for the second bungalow taking advantage enforcement of the Rule of Law and safeguarding of the recent enactments permitting prime public property from the rulers who are allotment of bungalows to ex-Chief duty bound to protect it, on the following grounds-
February 2018 THE RADICAL HUMANIST 25 (1) The impugned judgment did not deal of the Chief Minister could not be a at all with very valid legal issues raised ground for dismissal in the face of and the grounds taken in the writ petition. relevant constitutional and statutory It did not even mention the rulings cited provisions and Apex Court rulings cited therein which were directly applicable to by saying that “In such matters, a hyper this case and could not be brushed aside technical and pedantic view cannot be in view of Article 141 of the Constitution. taken”. As held in (2000) 9 SCC 484, dismissal (7) Refusal of the High Court to exercise of writ petition without dealing with the its jurisdiction under Article 226 was contentions raised and without adverting contrary to the law laid down by this to the relevant provisions of the law was Hon’ble Court in the following cases- not proper. (1) (2014) 7 SCC 663 (Para 4) (2) It ignores that in view of the (2) (2014) 2 SCC 687 (Para 27) categorical provision in Section 4 (1) of (3) (2014) 6 SCC 552 (Para 19) 1981 Act permitting only one government (8) In the absence of any rebuttal by the residence, the allotment and occupation respondents, dismissal of the WP at the of the second bungalow was clearly in threshold without even notice to the violation of the doctrine of occupied field opposite parties was not in accordance and the law laid down by the Apex Court with the decision of the Apex Court in in the following cases- AIR 1987 SC 1628. (1) (2006) 5 SCC 386 (9) The impugned judgment suffered (2) AIR 2011 SC 1660 from several grave factual and legal (3) It also completely overlooked that the infirmities detailed above. Apex Court was pleased to strike down (10) The High Court failed to appreciate allotment of bungalows to ex-Chief that such blatant illegal gross misuse of Ministers as being in violation of Section power for self aggrandizement, when the 4(1) of the Act by landmark judgment State is unable to provide even basic dated 1.8.2016 in petitioner’s earlier writ services to its people was clearly against petition reported in AIR 2016 SC 3537. public interest and could not be (4) Exercise of jurisdiction under Article countenanced in view of the rulings 226 could not be refused in such a clear mentioned in ground O of the SLP. case of patent violation of constitutional and statutory provisions in a matter The said SLP was listed on 30.1.2017,but relating to prima facie illegal grabbing of was not heard and the Court ordered that it be prime public property by the one posted for hearing in the month of April, responsible for safeguarding it. 2017.This not only saved the then Chief Minister (5) The writ petition could not be from any adverse impact on the ensuing dismissed in limine on the specious Assembly elections in the event of the SLP being ground of privacy even though it was entertained but also provided him the opportunity neither pleaded by the learned to misuse the 2016 amendment in the 1981 Act Advocate General nor was it borne out for allotment of bungalows to ex-CMs to re- from the material on record. allot the same bungalow to himself even before (6) In view of uncontroverted facts and demitting office and becoming ex-CM after circumstances of the case, convenience his party lost the election. Subsequently, the SLP
26 THE RADICAL HUMANIST February 2018 was disposed of on 3.4.2017 with the following dismissal of the SLP as having become order- infructuous was hardly justified. Also the “The application for permission to petitioner’s stand in the writ petition that the appear and argue in person is allowed. second bungalow was grabbed by the CM just Heard the petitioner, who has appeared before completion of his term for retaining it in person. after demitting office, stood vindicated showing The respondent No.2 is no longer the that the High Court was not right in rejecting Chief Minister of the State of Uttar Pradesh, the petitioner’s contention in this regard. Timely and as such, we are satisfied, that the instant intervention by the High Court and Apex Court petition has been rendered infructuous. The would have prevented the then CM from same is accordingly disposed of as having grabbing prime public property for life against been rendered infructuous”. the express provision of law and the Apex Court Thus, the issue as to whether the CM can decision dated 1.8.2016. have another government bungalow in addition to his official residence remained undecided. S.N. Shukla is IAS (retd.), Advocate, Since this situation could arise in future also, General Secretary, Lok Prahari POOSSIBILITIES GALORE!! WONDER OF PERU & BRAZIL Duration:- 14 Nights / 15 Days (Group Tour) Highlights:- Lima, Sacred Valley, Machu Picchu, Lake Titicaca, Iguazu Falls & Rio The New Journey begins with Excellent Overview of Lima and its most astonishing facets – Ancient, colonial and Contemporary. In Cusco and the sacred valley, all the iconic INCA sites are included with a spectacular rail trip to Machu Picchu followed by a journey across the Puno, Lake Titicaca. Explore the island on the lake with great joi-de-vivre. Next zoom around at Iguaçu Falls -One of the planet’s most awe-inspiring sights, the Iguaçu Falls are simply astounding. A visit is a jaw-dropping, visceral experience, and the power and noise of the cascades – a chain of hundreds of waterfalls– live forever in the memory. Rio- View sprawling Rio from the base of Christ the redeemer statue on Corcovado, Immerse yourself in the art of precinct of Santa Teresa and dance with the beat of samba. Sip Capirinhas and sunbathe like a local Copacabana. Price starting from: 3,95,600 RS Per adult with all inclusive. Inclusions K International and Domestic Airfare, K Brazil and Peru Tourist Visa K Overseas Insurance , K All renowned sightseeing at the respective places K Sumptuous breakfast and Dinner with local touch Ask More, Contact: INDO ASIA HOLIDAYS Indo Asia House, 56 Institutional Area, Sector 44, Gurgaon-122 002 Mbl: +91 9718682901, Tel: +91-124-4534500. E-Mail: [email protected] / Web: www.indoasiaholidays.com An ISO 9001: 2008 Company (A Division of Indo Asia Leisure Services Ltd.)
February 2018 THE RADICAL HUMANIST 27 Gandhi and Roy: The Interaction of Ideologies in India Dennis Dalto Dr. Dlaton has taught at the school of Oriental product of man’s need for imposing intellectual and African Studies, London, and in the United order on the world. The need for ideology is an States, and written on Ideology in Modern India. intensification of the need for a cognitive and The interpretation of Roy’s intellectual moral map of the universe…’ Roy’s quest for development vis-à-vis Gandhi offered here may an adequate ideology began during his youth in seem controversial, especially to those Bengal. It continued throughout his next phase associates and students of Roy who find the as an orthodox communist and later as a Marxist differences between Gandhi and Roy even in revisionist. Then, still later, having abandoned the last phase much more fundamental than the Marxism for what he called ‘Radical similarities, but there is no doubt that the position Humanism’, his search intensified for ‘a very ably presented here deserves serious cognitive and moral map of the universe’. It consideration. The essay was originally ended not in satisfaction, but only with his death published in a symposium ‘Gandhi, India and in 1954. Yet, in this last phase of his thought, the World’ (Melbourne, Philadelphia, Bombay Roy had come closer to the fulfilment of his 1970) edited by me, and has been slightly needs, to realization of his identity though the shortened. SNR construction of an ideology, than he had ever Manabendra Nath Roy (1887-1954) was approached in his earlier phases. The outlines born into a Bengali brahman family in a village of Roy’s cognitive and moral map had been outside of Calcutta. Twenty eight years later, determined in his youth by the combined as a terrorist revolutionary, he left India for an influences of a brahmanical outlook, a Hindu adventurous career in the Communist creed, and the nationalist experience in Bengal. international movement. These initial twenty- Yet, unlike Gandhi, Roy never came to terms eight years in Bengal were decisive for the with the demands of his early formative period; shaping of his personality and thought. Three unlike Gandhi, he remained alienated until the components of this early experience deserve end from large segments of his own tradition. mention. First, there was the influence of Roy’s It is for this reason that the evolution of Roy’s brahmanical family background and outlook. thought, which represents a continuing response This inspired and reinforced his penchant for to the demands of the Indian nationalist tradition, theory, his elitism, and his strong moral temper. forms an important part of the analysis. Second, there was Roy’s early, intense belief in The year 1915 is a key one in the Gandhi- Hindusim. His religious frame of mind, like the Roy story. In that year, Roy, a terrorist schooled brahmanical spirit, never left him, but prodded under Jatin Mukherjee and Aurobindo Ghose, him on in his quest for ‘those abiding, permanent left Calcutta on a revolutionary mission to obtain values of humanity.’ Third, in this first generation German arms for the struggle against the Raj. of his life, the ideology of Indian nationalism In that same year, Mohandas Gandhi returned exerted an immense influence on Roy as it did to India after twenty-one years in South Africa. on many of his contemporary Bengali He soon began his extraordinary rise to power intellectuals and students. in the Congress. By 1920 he had come to ‘An ideology’, writes Edward Shils, ‘is the dominate the Indian nationalist movement with
28 THE RADICAL HUMANIST February 2018 a sure sense of leadership that reached a relationship of the Indian intellectual to his dramatic peak with the Dandi Salt March of tradition. 1930. During these fifteen years of Gandhi’s The first detailed Marxist critique of Gandhi eminence, Roy acquired his reputation of being appeared in Roy’s first major book, India in ‘undoubtedly the most colourful of all non- Transition, which was written in Moscow in Russian Communists in the era of Lenin and 1921. The book grew out of discussions which Stalin’. From 1915 until December 1930, Roy Roy had with Lenin and other communist figures moved about on various revolutionary missions, at the Second Congress of the Communist Mexico to Moscow to Berlin, and then Paris, International. At this Congress, Roy had argued Zurich and Tashkent. In Mexico, Roy was against Lenin that communist policy in the converted to Communism and reputedly helped colonial areas must be to support proletarian form the first Communist Party there. In rather than bourgeois movements. Lenin Moscow, he contributed to revolutionary contended that bourgeois nationalist strategy for communist activity in the colonial organizations like the Indian Congress could be areas. In Europe, he rose to a position of considered revolutionary, and since no viable authority in the Comintern, published a series Communist parties existed, these organizations of books and pamphlets on Marxist theory, and deserved the support of the International. Roy edited a communist newspaper. Therefore, the replied that the Congress and similar agencies achievements of both Gandhi and Roy during could only betray the revolution: an Indian this period were spectacular. Yet, for all their proletariat existed, and must be mobilized behind respective achievements, there was never a communist leadership. The Roy-Lenin anything like a balance of power between these controversy was clearly over fundamental two figures. It was Gandhi and never Roy who issues, and had innumerable implications for dominated the Indian nationalist movement with communist strategy in the future. his unparalleled genius for mass leadership. Roy later reflected back upon his differences Whereas Roy would struggle long and hard to with Lenin and concluded that ‘the role of gain power in India, Gandhi acquired authority Gandhi was the crucial point of difference. with ease and kept it. While Roy necessarily Lenin believed that, as the inspirer and leader remained, throughout this fifteen year period, of a mass movement, he was a revolutionary. I preoccupied with Gandhi’s power, the latter maintained that, a religious and cultural revivalist, never mentions Roy in his writes or speeches. he was bound to be a reactionary socially, Even after Roy’s return to the political scene in however revolutionary he might appear the late thirties, Gandhi took scant notice of him. politically. In Roy’s view, ‘the religious ideology Roy, then remained both a cultural and political preached buy him [Gandhi] also appealed to the outsider and suffered as a result. Gandhi, after medieval mentality of the masses. But the same his return to India in 1915, became rooted in the ideology discouraged any revolutionary mass nationalist tradition and developed a style of action. The quintessence of the situation, as I political behaviour which gained for him personal analysed and understood it, was a potentially confidence as well as political power. Thus, revolutionary movement restrained by a while Roy, out of touch with his tradition, never reactionary ideology.’ ‘I reminded Lenin of the ceased in his effort to come to secure in his dictum that I had learnt from him: that without surroundings, could remain aloof. In this sense, a revolutionary ideology, there could be no a consideration of Roy’s view of Gandhi revolution.’ These arguments formed the basis becomes part of a larger problem, that of the of the position on Gandhi that was developed
February 2018 THE RADICAL HUMANIST 29 by Roy in India in Transition. for a new identity. The identity that Roy sought Roy begins his critique of Gandhi in this book in the critical period of his youth, was that of with the confident assertion that Gandhism has an urbane, cosmopolitan type, entirely at home now ‘reached a crisis’ and its ‘impending with western civilization which were wane…signifies the collapse of the reactionary responsible for the subjugation of his own forces and their total alienation from the political people. The ideology must, in short, serve to movement’. Roy’s confidence was rooted in liberate him from the sense of inferiority the classic Marxist belief in the inexorable march instilled by imperialism, and at the same arm forward of western civilization. Gandhism was him in his struggle for the liberation of India. seen as a temporary obstacle in the path of Marxism suited this purpose exactly. His total history, which would soon be swept aside : not affirmation of Marxism, therefore, followed by the Raj, but by the masses themselves, once immediately after his total rejection of they became conscious of the progressive nationalism, and from this there emerged his movement of history. Whatever Gandhi may total and unreasoning denial of Gandhi as a tell the masses, ‘post-British India cannot and lasting political force in India. In this sense, will not become pre-British India.’ Therefore, India in Transition offers a clear example of ‘here lies the contradiction in the orthodox an intellectual determined to reject his tradition. nationalism as expressed of late in the cult of Not only Gandhi, but also extremist leaders like Gandhism. It endeavours to utilize the mass Tilak and Aurobindo, who only five years earlier energy for the perpetuation or revival of that had commanded Roy’s allegiance, are now heritage of national culture which has been made dismissed with contempt as examples of untenable by the awakening of mass ‘pretty-bourgeosis humanitarianism.’ For the energy…Therefore, Gandhism is bound to be next the years, until his imprisonment in 1931, defeated. The signs of the impending defeat Roy struggled to affirm himself in his new are already perceptible, Gandhism will fall victim identity as an international Marxist to its own contradictions.’ revolutionary. Roy admits that under Gandhi’s leadership, Throughout the twenties, as Roy rises to the through the effective use of hartal and non-co- peak of his authority in the Comintern, his view operation, ‘for the first time in its history, the on Gandhi set forth in 1921 is refined and Indian national movement entered into the elaborated. A series of excellent articles and period of active struggle.” Yet, here as pamphlets by Roy and his first wife Evelyn are elsewhere Roy remains confined within his devoted to Gandhism. In One year of Non-Co- Marxist categories. Gandhi’s success in 1920, operation, for example the Roys distinguished he says, simply revealed that ‘the time for mass- five ‘grave errors’ or ‘great defects’ of action was ripe. Economic forces, together with Gandhism. The ‘most glaring defect’ is the other objective causes had created an absence of an intelligent programme of atmosphere’ which propelled Gandhi into power. economic reform. Nect, there is Gandhi’s Roy seeks to drive home his argument against ‘obstinate and futile’ emphasis on social Lenin by stressing the potential role of the Indian harmony instead of a frank recognition of the proletariat, portraying it as an awakened and real necessity of class conflict. Then, they find thriving revolutionary force. a senseless ‘intrusion of metaphysics into the Roy’s mistake cannot be explained wholly realm of politics’. The revolt against the Raj, in terms of his Marxism. Rather, his Marxism they emphasize, ‘is a question of economics, may be explained as part of a desperate search not metaphysics.’ Further, hey deplore Gandhi’s
30 THE RADICAL HUMANIST February 2018 reactionary view of history, his desire ‘to run to the extent to which Gandhi’s presence from the Machine-age back to the Stone Age’. dominated the Indian scene than the jail Finally, they criticize the total lack of any reflections of his harshest critic. Roy had revolutionary quality in Gandhi’s approach to inherited from his early nationalist experience social change; they see only a ‘weak and watery and religious outlook a moralist’s predilection reformism, which shrinks at every turn from the for seeing the world in categorical terms of right realities of the struggle for freedom.’ The entire and wrong and he had acquired from his critique is made with exceptional clarity and brahmanical spirit a corresponding intellectual forcefulness, and it, together with other writings tendency to construct the required moral by the Roys on Gandhi, represents the most categories. Although Gandhi was never a incisive communist criticism of him during this theorist of this type, he nevertheless shared with period. Roy a Strong taste for moralizing and a For a variety of reasons Roy soon fell out of passionate concern for the ethical well-being favour with Moscow, and in December 1929 of society. Eventually, in his radical Humanist he was officially expelled from the Communist phase, the morality in Roy will prevail, just as it International. He reacted by persuading himself had always prevailed in Gandhi, and Roy will that he could seize control of the revolutionary abandon Marxism because he finds it devoid of movement in India, and a year later he returned ethics. However, even as early as the thirties, home. He was soon arrested, and he remained a first glimpse of the way in which Roy’s moral a political prisoner until November 1936. These outlook will erode his Marxism can be seen in five hard years in jail witnessed a substantial his prison diaries. This appears in his reflections change in Roy’s ideology, and this eventually on the two concepts of freedom and revolution. had its effect upon his view of Gandhi. Both of these ideas were to become key themes While in prison, Roy, like Gandhi and Nehru, of Radical Humanism, and the basis of their later read and wrote voluminously. His three volumes development is found here, in the diaries. of ‘prison diaries’ refer often to Gandhi. Indeed, it might be argued that there is no better index Continued in the next issue..... The Radical Humanist Rates of Advertisement/Insertion Journal size: 18cmx 24 cm- Print area: 15cmx20cm Ordinary Special Ordinary Special 2nd Back Cover Second Back cover Rs.2,500 Rs.3,000 3rd Back Cover Rs.20,000 Rs.30,000 Third Back Cover Rs.2,500 Rs.3,000 Last Cover Rs.20,000 Rs.30,000 Last Cover Rs.3,000 Rs.3,500 Ordinary page: Rs.20,500 Rs.30,000 Ordinary page: Full page Full page Rs.2,000 Rs.2,500 Half Page Rs.15,500 Rs.20,000 Half page Rs.1,500 Rs.1,500 Quarter page: Rs.10,500 Rs.15,000 Quarter page Rs. 600 Rs. 900 Rs. 6000 Rs. 9000 For One year
February 2018 THE RADICAL HUMANIST 31 Humanists’ Section: Stalin’s Young Man: M.N. Roy and the Russian Revolution - 3 A century after the Russian Revolution, we look back at those tumultuous events through the eyes of M.N. Roy, a remarkable Indian witness to the making of an epoch The high point in M.N. Roy’s turbulent political life was when he rubbed shoulders with the most important leaders of the international communist movement, Lenin, Stalin, Trotsky and Borodin. Continued from the last issue…. The high point Indian revolutionaries in Moscow in M.N. Roy’s Several Indian revolutionaries had arrived turbulent from Berlin as representatives of the defunct political life was Indian Revolutionary Committee. On my way when he rubbed to Moscow, I had pleaded with the leading Indian shoulders with revolutionaries in Berlin to proceed to Russia, the most which at that time offered them the only safe important asylum and promised to be a reliable base for leaders of the work to promote revolution in India. At that time, international they did not seem to believe that the Russian communist Revolution would last; and Communism did not movement, find favour with them. So, when at last they Lenin, Stalin, changed their mind and turned towards the base Trotsky and of world revolution, I was naturally very glad. Borodin. But to my great surprise, the few representatives announce that the Indian Revolutionary of the Berlin Revolutionary Committee who had Committee of Berlin, which alone had the already reached Moscow were rather cool in authority to speak in behalf of India, had their response to my friendly attitude. However, decided to shift its headquarters to Moscow, if I learned from them that they had come only as favourable conditions were offered. Although a vanguard of the Revolutionary Committee, the declaration insinuated that I had no right to which would before long reach Moscow in full speak in behalf of India, I made no secret that force. I hoped that on the arrival of veteran the plan of the Indian revolutionaries shifting revolutionaries like Virendranath their headquarters to Moscow would have my Chattopadhyaya, Bhupendranath Dutta and fullest support; and there could be no doubt others, the relation would change. I eagerly that nowhere in the world could better looked out for the arrival of men who with their conditions be obtained than in Moscow. But revolutionary devotion and long experience curiously enough, the newcomers not only tried could be expected to be good comrades and to avoid me, but some of them actually took willing collaborators. up an openly hostile attitude. Within a short time, they all arrived to The Indian Revolutionary Committee of
32 THE RADICAL HUMANIST February 2018 Berlin was then a thing of the past. Irrespective suspicion of enemy espionage. When Germany of whatever might have been its achievements surrendered, he escaped to Stockholm and in the earlier days, during the closing years of wrote a book describing his experiences in the war it was a divided house and had Germany. Evidently, the experience had practically disintegrated. Instead of working on embittered him. He appeared to be an apologist the authority of that legend, it would have been of the British rule in India and advocated wiser to have made a new beginning under Dominion Status as against complete different circumstances. independence. But it seems that the news of the formation ... of the emigrant Indian Communist Party at When in 1919 I reached Berlin, Tashkent had frightened the old nationalist Bhupendranath Dutta was the only original revolutionaries, who regarded the new body as member of the war-time Indian Revolutionary a challenge to their authority. If I had had the Committee living there. opportunity to meet the leaders of the delegation All the others had dispersed. Virendranath from Berlin, I could have explained the situation Chattopadhyaya himself had gone to to their satisfaction. I did not approve of the Stockholm to plead the case of India’s formation of the emigrant Communist Party, and independence in the International Socialist I did not believe that it had any right to speak on Conference there. Feeling that the Indian behalf of the workers of India, not to mention revolutionaries from Berlin were not very the Indian people as a whole. kindly disposed towards me, I left them alone The delegation of Indian revolutionaries so as to obviate the impression that I was trying from Berlin was composed of fourteen people, to influence them or to stand in the way of including Virendranath Chattopadhyaya, whatever plan they might have had. But I could Bhupendranath Dutta, Virendranath Das not help being puzzled and pained when most Gupta, the Maharashtrian Khankhoje, Gulam of them would not even speak to me. It seemed Ambia Khan Luhani, Nalini Gupta. The driving they had the entirely groundless misgiving that force of the delegation however was Agnes I might stand in their way to seeing various Smedley, an American by birth. I had met her Russian leaders and plead their case. in America. Then she was an anarchist- ... pacifist. Working as private Secretary of Then they demanded an interview with Lenin Lajpatrai for some time, she seemed to have himself. They made a great secret of the move, developed a great sympathy for India. Having most probably believing that I might stand in learned that famous Indian revolutionaries their way. But I got the news from Lenin were living in Berlin, at the conclusion of the himself. He telephoned to me and asked me to War she came over there and became a very come and see him. He enquired about the Indian active member of the Indian group. revolutionaries who had come to Moscow, and But the delegation which came to Moscow if it was necessary for him to see them. If they was evidently not the original Indian had come to discuss any plan of revolutionary Revolutionary Committee of Berlin. Hardayal work in India, they should address themselves and Chattopadhyaya had been the two dominant to the Communist International. Lenin was figures of the Berlin Committee and as such surprised to hear that the Indian revolutionaries they had clashed before long. No less ardently were not at all well disposed towards me. anti-British, Hardayal however was taken Nevertheless, I suggested that he should see prisoner in Germany and detained on the them and hear what they had to say. Lenin
February 2018 THE RADICAL HUMANIST 33 remarked that I was in a minority of one against about the case which was to be presented on fourteen. I replied that he knew that I did not that occasion. A long thesis was being prepared claim to represent anybody but myself. So, as under the guidance of Chattopadhyaya and Agnes far as I was concerned, there was no conflict Smedley to contradict my thesis adopted by the between the Indian revolutionaries and myself. Second World Congress of the Communist Lenin enquired if I had discussed matters International the year before. Luhani, a North- with them, and was surprised to hear that they Bengal Muslim, who had come to Britain to study would not even speak to me. Evidently in law, was a clever man and an accomplished exasperation he sat back in his chair and said: speaker. But not being one of the senior members “Well, select three of them to come and see of the Berlin group, he was not chosen as one of me.” I told him that I could not do that; he would the representatives to see Lenin. The thesis to have to contact them directly. be presented by the representatives, however, In the next days there was a great flutter in was drafted by him. The others could not prepare the Indian delegation. Lenin had agreed to grant a well-argued document. an interview. The Indian revolutionaries had Agnes Smedley, backed by Chattopadhyaya, been informed that Lenin would receive three wanted to be one of the representatives to see of their representatives chosen by themselves. Lenin. Her claim was opposed by all the rest of There were differences as regards the choice. the Indians. Finally, Chatto and Dutta, as the Everybody considered himself to be more senior-most members, were chosen by general entitled to the honour and privilege than the consent. I have forgotten who was the third one; others. I could get all this information through most probably it was Khankhoje, who was Nalini Gupta, the only one who did not share chosen to obviate the allegation that the the general hostile attitude towards me. He was delegation was purely Bengali. also the only one among the Indian Having given them a polite and patient revolutionaries in Europe who maintained some hearing, Lenin advised the representatives of connection with the revolutionary organisations the Indian revolutionaries to see the Secretary in India by frequently travelling back and forth of the Communist International, and remarked secretly. He had met some of my friends in India that the Soviet Government could not actively and learned from them about the mission with take part in any plan for promoting revolution in which I had gone abroad in the beginning of the other countries. The Indian revolutionary War. During his last visit to India shortly before representatives returned from the coveted he came to Moscow, he was instructed to interview thoroughly disappointed and even contact me. So from the very beginning my angry. Dutta blurted out that Indian relation with him was of mutual trust and revolutionaries could expect no help from the confidence. He gave me the information that, Bolsheviks because they were eager to make although among the Indian revolutionaries there peace with British Imperialism. was a dispute about the selection of the three Continued in the next issue...... to see Lenin, there was a general agreement Courtesy LiveMint, 7 November 2017. “The people of this country have a right to know every public act, everything, that is done in a public way, by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearing.” Justice K K Mathew, former Judge, Supreme Court of India, (1975)
34 THE RADICAL HUMANIST February 2018 Need of the Day is the Philosophy of Humanism When Nehru, then Prime Minister of India the people – had never been solved by political expired in 1964, Vajpayee then a critic of politics parties involved in scramble for power politics, of Congress paid tribute to Nehru, ‘A dream who have has remained half-fulfilled, a song has become no faith in silent and a flame has vanished into the the potential unknown’. As the Foreign Minister during Janta intelligence and Party’s regime, he insisted that Nehru’s portrait innate creative be restored in his office. capacity of Compare this truth with the present common man atmosphere, translated into a form of and woman. personalized pernicious attack against each other They believe belonging to different political parties, only that people are object is to capture state power. This has not capable to demolished our claim being cultured people. do anything Need of the day is political fervor must be themselves. Ramesh Korde combined with sobering council of reason and This leads to democracy becoming an empty further reason need to temper passion, concept. intelligence must control emotions. Facts need Political parties in India engaged in the to dispel prejudices. scramble for political power have miserably The main objective of political activity is the failed to serve the cause of democracy and administration of public affairs so as to freeing the people from the miserable guarantee the greatest good to the greatest unbearable economic conditions. numbers. When political parties evolved their object Politics to become guide for all forms of was to emancipate the people from the human actions must never be divorced from miserable life they were suffering from. In ethics and moral values and must recognize that reality they have failed and failed miserably. certain basic moral values are permanent and Therefore a need arises, man have to find abiding in the life of man. alternative means to solve problems of human Politics must be guided by philosophy of life beings are suffering from to-day by large section affecting human beings else it becomes mere of common man. scramble for power and ultimately degenerates Therefore need of the day is to develop new into selfishness. This degeneration leads to outlook, new ideas where interest and scramble for political state power that can never requirements of man must be given top priorities, remain democratic in its internal organization particularly with reference to common man of political affairs. Once the power is captured who from the majority of society. Man and his by any political party, it can never be defused. needs must be the starting point of any political On the contrary it further leads to concentrate philosophy. Man is the original constituent of of power in few hands and at times in the hands society and the creator of society for his of single individual. Then say goodbye to human emancipation to enjoy freedom and happiness. freedom and democratic way of life. The most important function of society being The human experience speaks, the problem created by man is to help those who have of true democracy – rule by the people and of created it – man – to develop physically,
February 2018 THE RADICAL HUMANIST 35 mentally and materially. Then only society could truth and truth enhance freedom of human be regarded as good society. beings. Historically society was created as the result This establishes that man is potentially of innate gregarious instinct of man to protect rational. However at present among large and defend the very existence of man from section of people of India it is buried deep that natural tyrannical atmosphere and also from needs to be awakened and provoked. This has carnivorous wild animals who could have to be first item in the agenda of humanists. destroyed the very existence of man. From the Tenets of Radical Humanism are founded above it can safely be deduced that society is on the scientific world view and believe that the means and not an end. Man in cooperation this view is the only available means to find out of similarly situated other man created society truth that this world where human beings live as means to help him for his many sided and experience is the only world and nothing development. Therefore creation must not be beyond it. allowed to devour the creator. As explained earlier reason is the expression In view of the above, it can safely be said of law governedness of the universe. Man that freedom is not to be enjoyed sometime in having evolved from this universe reason future. It has to become everyday affair to be becomes property of biological human being. enjoyed and to be experienced in everyday’s Law governedness is physical which as such life of human being. Man is not just a Cog in the embraces the biological world also, while law wheel. Man of flesh and blood is not sleep governedness is the inanimate universe or in walker or sleeping woman. reference to the world of lower animals Most of biological scientists say, genetic functions mechanically and automatically. In equipment of man determines the potentialities man it has to function on the level of intelligence of an organism but natural environment and reason. determines which or how much the potentialities Man having risen from the background of shall be realized during human beings span of law governed physical universe, he incorporates life which is not eternal. this law governedness. This law governedness These are the common attributes of all human is reason in nature as explained earlier, beings as all of them are evolved from biological therefore man having evolved from this evolution that is common natural environment. background he is potentially rational. This is how Therefore humanists assert that to enjoy man becomes rational creative animal. freedom, all human beings, irrespective of caste, This rational creative power needs to be creed, nationality and even religious faith, should incited which would help man to march towards be ensured all needs for their very physical comprehensive freedom and to unfold his innate survival, growth and well being. potentialities then only one can know what is Freedom defined by Radical Humanism as stored in genes of man. progressive disappearance of all restrictions and This unfoldment of innate reasoning capacity obstacles on the unfoldment of the innate of man will lead him to mental freedom which potentialities of all individual human beings. is the first pre-condition to attain political, social Man having evolved from law governed and economic freedom. This could inspire universe he is essentially rational. Law people’s will and its innate ability to change governedness is a reason in nature. Therefore present social, economic and political situation reason is the only available means to humanity that is thwarting the unfoldment of innate to attain human freedom that helps to find out potentialities of man and woman.
36 THE RADICAL HUMANIST February 2018 However the philosophy of Radical includes economic betterment in respect of all Humanism has cautioned, will to freedom and human beings and political institutions free from ability to attain it should not be monopolized by all dogmas which give scope for an all round elite only who are in minority qualified for development of all man. leadership, will to freedom and ability to attain All political parties of India talk of all sorts it is the common heritage of all human beings of force, elements and factors that can only keep residing on our earth. them to capture state political power but never However in India, the present of all touch to enhance welfare and happiness of pervading cultural heritage among large section common man who are in substantial majority of people is to believe in fatalism, the doctrine and without their constructive help society can of karma, based on non-existing previous life. never be saved from degenerating into Because of this fatalism man looses faith in degradation and dispersion. himself to take destiny in his own hands to In India thanks to power hungry leaders of improve and to emancipate him from prevailing political parties led democracy into demagogy. anti-human situation that is thwarting the growth The most irresponsible demagogue came to be towards comprehensive freedom to enjoy fruits the most successful democrat. of human life. The Europe, particularly Western Europe So long as the will of Indians remain transcended this irresponsible demagogic obsessed with fatalism view of life which at atmosphere then prevailing in Europe by and present they claim to be their peculiar cultural through the great intellectual movement known heritage, the idea endowed with the ability to as the Renaissance Humanist movement. It make and remake their own destiny will never raised the banner of revolt of man against occur to them. antiquated, outdated, antihuman social and To free Indians from this fatalistic way of cultural atmosphere that was then prevailing in life, the remedy envisaged by the Radical Europe. Particularly it was revolt against God Humanism is that large section of Indians must and his agents on earth. Philosophy that was incite their innate urge for freedom buried deep evolved in 15th 16th century which mentioned in their character structure then only they will that man was self-sufficient. Man himself was believe that freedom is an experience worth a creative agent for all activities on earth. having at all cost. In absence of this, human This historical fact, has now been well society can never be free. established that whatever exist on our planet – Natural gregarious instinct of man led him good or bad – is the result of the creative to form society in cooperation of other man activities of man without any interference of similarly situated, to protect his existence and any supernatural power of God or any other to grow. Since society is the creation of man, a being because they do not exist. free society can be created only by free man in Growth from savagery to present civilization cooperation of other free man who also amply established that man has innate capacity appreciate and endevour freedom. to look after himself to guide his destiny in Freedom is not an ideal to be attained in some respect of all affairs affecting his life on earth. distant future time. Being basic incentive to the He has the inner strength to recreate if the growth of man, it is to be experience in everyday present social, political and economic life of human beings. Only those who atmospheres are not conducive to his growth experience freedom can alone be real defender and happiness and also to provide him greater of freedom. The pre-condition to attain freedom freedom to enjoy.
February 2018 THE RADICAL HUMANIST 37 With evolution of human society certain Today in India we are facing the burning norms and principles of political, social and problem of morality in social, political and economic were formulated. If we believe them economic life of society. Therefore search for to be immutable and eternal, the question of common norms, the need of it is greater than remaking the world and reorganizing society do ever before. If that is found in man then it can not arise. This is ofcourse not true as proved by only be stable and could become common growth of savage man to present civilized man. measure. Man was not borned free but was bound to Only biological evolution of human beings be free, is the essence of human life. The forces can help us to find above mentioned common of nature was weighing him down were trying norms and measures. to crush him. Nature is cruel in as much as it Science of biology says, since all human life leaves man entirely to his own resources but at having evolved as the result of biological the same time it has equipped him with immense evolution, all human are similarly constructed potentialities to struggle against nature if he and hence all human beings are likely to react wanted to live. The strength for existence is in similar way in similar circumstances if they the original physical content of the struggle for have a minimum common background of freedom. knowledge as the basis for their ability to Man would not understand and to control discriminate, judge and decide. All man are being natural phenomena unless he had some similarly constructed they can be expected to knowledge about the working of those react similarly in similar situation. phenomena then only he could become creative In view of the above, only rationally animal. Creative instinct being innate in man led conceived ethics based on man’s biological him to cooperation of other similarly constructed properties will enable humanity to set up creative human beings. They created society in common norms of morality and to introduce order to protect and strengthen them their very moral values in public behavior of man. existence. In other words it can be called the Therefore all efforts for a reorganization of struggle for freedom from the tyrannical natural good and moral society must begin from the unit forces and carnivorous wild animals that could of society, which is from the root. The root of have extinguished the very existence of human the society is man. Therefore need of the day life. From this it can be safely deduced the urge is a philosophy that does not think in terms of for freedom is inbuilt in the very existence of nation, class or different religious orthodoxy. Its human beings. This must have bearing on the concern must be man, advocates freedom as character behavior of man that could lead him the freedom of individual man and woman. A to the solution of all problems confronting him. philosophy that stimulate among people the urge As explicated by the philosophy of the for freedom, the desire to rely upon themselves Radical Humanism originated by late Roy had and to be the master of their destiny, to encourage said that man has innate capacity of attaining the spirit of thinking and will never to submit to freedom in actuality. The growth of humanity any external authority by exchanging their from savagery to present civilization had freedom for security of slaves. To achieve this, abundantly proved about innate capacity of need of the day is the New Renaissance human beings to attain freedom. Humanist movement based on rationalism, In view of the above fact, the Radical individualism and cosmopolitan outlook is need Humanism attaches supreme importance to man of the day. and places him in the center of everything. Radical Humanism is also called New
38 THE RADICAL HUMANIST February 2018 Humanism or Scientific Humanism is founded people who forms the majority of society, from on rationalism, individualism and the powerful and pervasive influence of the cosmopolitanism and its basic object is to attain authoritarian and obscurantial mode of thinking equality, liberty and fraternity among the whole without the awakening the spirit of enquiry and planet earth. A democracy based on above self-affirmation, without in short, a renaissance principles has the innate capacity to defend humanist movement on the pattern of European itself. The new Renaissance as explained above Renaissance Humanist movement of 15th -16th and the effective participating democracy could century, no revolution from below or grassroots materialize when the intellectual and moral level democracy is likely to succeed. of large section of members of community is Looking backward in the foolish zeal of a raised considerably. seld-arrogated mission we ironically forget our As recorded, a wolf boy who was brought journey forward and a blind folded herd goes up in the company of wolves and remote from round and round in the vicious circle of our human contact behaved like an animal. From ideological confusion. this experience it can safely be deduced that These cultural and social atmospheres have man cannot be human being without being to be uprooted if humanity desires to attain socialized. Our humanism is dependent on our freedom and happiness in respect of all human relations with other human beings. Therefore beings residing on our planet. need of today is the philosophy that has innate The philosophy of Radical Humanism capacity to lead humanity to cooperative and developed by late Roy has the potentialities to mutually productive relations among the entire achieve this. That is the only means to achieve humankind residing on our earth. The philosophy freedom in everyday life of man and woman on of Radical Humanism expounded by late Roy our earth. is the answer. Late Roy had said that this philosophy of Radical Humanism is cosmopolitan; Radical Humanism is not the last word on commonwealth of spiritually free man will not human wisdom. It will have to be examined and be limited by the boundaries of national state re-examined in the light of new knowledge and not by encumbered by religious dogmas. acquired and also in light of new experience. This philosophy is a systematic effort to This scientific spirit is inbuilt in the very basic stimulate among people the urge for freedom, tenets of the philosophy. (Article based on the desire to rely upon themselves and to be writings of Late Roy as I understand) maker of their own destiny encourages the spirit of free thinking and will never to submit to any Mr. Ramesh Korde is a Radical external authority by exchanging their freedom Humanist of 89 years of age, associated for the security of slaves. with the Radical Humanist movement since This needs new Renaissance based on 1950. He has used the terms Radical rationalism, individualism and cosmopolitan Humanism, New Humanism, Scientific humanism. This is most essential for organized Humanism and New Renaissance democracy to be realized and to depend on itself. interchangeably. This Renaissance and democracy would only Contact: Telephone No. Mobile No. come when the intellectual and moral level of 09879545389 the substantial members of community is raised considerably. Email: [email protected] and Without freeing the mind of the common [email protected]
February 2018 THE RADICAL HUMANIST 39 Aanvikshiki (Philosophy) - 1 Its Relevance To Contemporary Indian Society* Professor K. Venkateswarlu, Visakhapatnam *Professor K. Satchidananda Murty Endowment Lecture, delivered at the INDIAN PHILOSOPHICAL CONGRESS, 90th Session, Magadh University, Bodh-Gaya, Bihar, February 1-4, 2016. Let me convey and place on record my heart- as humankind at large. I beg pardon of this au- felt gratitude and thanks to the Executive Com- gust assembly of scholars of Philosophical schol- mittee of the Indian Philosophical Congress (here- arship and wisdom for the flamboyant claim. after IPC), and my esteemed friend and colleague I do not propose to catalogue and evaluate his Professor George Victor (former Vice-Chancel- oeuvre. It will prove to be a good analytical exer- lor, Adikavi Nannaya University, Rajahmundry) cise to trace the progressive development of his for nominating me to deliver Professor K.S. Murty thought and ideas via the vast body of his learned Endowment Lecture at the Ninetieth Session of and critical studies. Even though, it is an easy IPC (Bodh-Gaya, February 1-4, 2016). I deem it task for me to do so, I will not under-take it. Nei- an honour to deliver Prof. K.S. Murty Endow- ther do I propose to refer to the positions and ment Lecture under the auspices of the IPC at Offices (academic and administrative) that he Bodh-Gaya -one of the sacred places in India ably held with ease and grace in his glorious and according to Tradition, and a centre of multi-reli- illustrious career, nor to the honours and awards gions and cultures. After the receipt of letter of he was rightly conferred with by reputed and offer, I was rather diffident to accept the nomi- learned bodies in India and abroad to measure nation from a highly respected national-level pro- the depth of his eminence and accomplishments fessional association of the discipline of Philoso- in several fields. I have read scholarly writings, phy, for the simple reason that I am an outsider to reviews and comments on the works of Prof. the guild. After a good deal of reflection, I ac- K.S. Murty. (See Boaz P. (ed.). 2013. Philosophi- cepted the offer of nomination for the following cal Perspectives of K. Satchidananda Murty. reasons. First, it is an appropriate opportunity for New Delhi: D.K. Printworld (P) Ltd. for bibliog- me to pay homage for my mentor and guide in raphy of Writings and Scholarly career, contribu- research studies. Secondly, I have had the plea- tions and achievements of Prof. K.S. Murty). In sure and benefit of an intimate, long (fifty years) my humble understanding, he is a great and an and stimulating fellowship with Prof.K.S. Murty. original thinker. He endeavoured hard and burnt My inter-action and exchange of ideas with him mid-night's oil throughout his life to build a sys- was based on non-philosophical perspective (Po- tem of ideas and thought to explain and under- litico-historical). It was an ardous task for me to stand the meaning and destiny of human life. keep up the dialogue because of his versatile What follows is an attempt to identify the central scholarship and the philosophical rigour of argu- or key concepts which will enable us to interpret ment. We enjoyed and carried on the exercise and construct a coherent system of his ideas and out of sheer zeal in the history of Ideas. There- thought. I feel this is a desideratum to appreciate fore, I think and feel that I am competent to and appraise the works, contributions and legacy present an intellectual portrait of his world of ideas, of Prof. K.S. Murty. reflections and vision of the legacy and relevance 1. Early life and Environment of Indian Philosophy to the Indian Society as well He was born on the 25th September, 1924, in a
40 THE RADICAL HUMANIST February 2018 well-to-do agricultural family at Sangam constitute the rare combination of his intellectual Jagarlamudi (Village), Tenali (Revenue Division), equipment and dynamism. It is this conceptual Guntur (District), Andhra Pradesh (then Madras mould of his mind and work that will unlock the Presidency). His family enjoyed high customary doors of his system of ideas and thought. status and respect in the village, and known for His native village is on the banks of Buckingham probity of conduct and good reputation. His fa- canal, which is a major irrigation channel as well ther was deeply interested in religious studies and as in British India a major commercial water-way had a good collection of books in Telugu language. transport from Bezawada to Madras. It is located He was the only surviving child of the family. within a radius of three kilometers from Tenali His parents reared him with unique attention and town, which is on the railway trunk route from care. As an young child and boy, he did not have Madras to Calcutta. The formative period of his the pleasure of the company of siblings, or even youthful mind was deeply influenced by the ideas the company of the children of the neighbourhood and ideals of the critical phase of Swaraj Move- families. In effect, he was brought up as a lonely ment. Tenali Town and its neighbourhood region child and young boy. He had no taste or time for was a centre of cultural renaissance of modern games, swimming, music or other childish plea- Andhra. It was a centre for the whole range of sures of fun and frolic. This personality trait was mass movements and ideas - Gandhian move- a lasting feature in his life. He did not join any ment and its programmes of social reform and club and had no interest in sports and games and national re-construction;. Rationalist movement; music. Communist movement; Radical humanism; and His father put high premium on his education other protest movements. The ideals which were and studies, and instilled in him love for knowl- up-held and advocated by these movements left edge and habits of virtuous conduct. He was an indelible impression on his mind. This is an- trained in Sanskrit education and learning in the other source to follow up and understand his ideas traditional mould under the tutorship of Sri and mode of thinking. Gadiyaram Sivayya Sastri, and Sri Palle Thus both the mental and material base for the Purnaprajnacharya. Both the tutors were cel- formulation and growth of his ideas and thought ebrated scholars, and his grounding in Sanskrit processes lay in the environ of early life and studies and learning was very strong and dyed studentship. with rational and critical spirit. Often he used to 2. Nature of Philosophical Discourse: recall that Sanskrit learning shaped his outlook in Philosophy or philosophical outlook is the first a substantial measure. Later in the School, Col- field of study and reflective life and work of the lege and University, he mastered western knowl- mind of Prof. K.S. Murty. Philosophy is an inte- edge and pedagogy with an equal measure of gral part or essence of his being. passion and devotion. As I have submitted earlier, this observation is His sole focus was on studies and cultivation based on a careful study of the corpus of his of scholarship. Reading, reflection, accumulation writings in English and Telugu language, and of knowledge and writing (authorship) was an extensive and intensive partnership with him in addiction for him since childhood. He was an the realm of ideas. Permit me to say that it is not voracious reader. The universe of knowledge was derived from personal loyalty and devotion. He the domain of his mental faculties. Rich Sanskrit is not around either to reward or punish me. I am learning, mastery over western knowledge and eighty plus, and I do not stretch my hand for any modern methods of critical inquiry, and an incred- position or reward. Hence I seek your indulgence ible studious discipline in pursuit of knowledge, to grant me benefit of doubt with regard to the
February 2018 THE RADICAL HUMANIST 41 truth content of my observations. I am not con- ods are the gate-way for the discovery and valid- cerned with trivial aspects of his life and career. ity of the general principles or laws of the philo- My aim is to present an analysis of his ideas and sophical knowledge in respect of the different things thought. or aspects of the material world. Philosophy is said to be love of wisdom of life The two-fold manifestation and development and things in a two -fold sense. First, it is the intrin- is the true spirit and character and the main body sic or given attribute of human mind to enquire of Indian Philosophical tradition. The corpus of about thinking, its nature and its ultimate reference Prof. Murty's works document with minutiae in- or source. The problem of philosophical wisdom formation and the most open-minded approach deals with the nature of ultimate reality or sat (ac- the true spirit and body of Indian Philosophical tuality or reality). Therefore, metaphysics, episte- tradition. The problem or problems of Indian Phi- mology, ontology, theology, ethics, logic (tarka), losophy arise out of the inability to correctly un- spiritual experience, revelation and speculative derstand the two-track course of Indian Philoso- modes of thought constitute the stuff of philoso- phy. Indian and Western scholars mis-read and phy as love of wisdom. Secondly, philosophy is love mis-understood the Indian Philosophical heritage. of knowledge. It comprises of general principles They gave either undue and exaggerated impor- and laws generated (also observed) through the tance or under-emphasized the role and validity application of rational procedures in respect of the of the stream of philosophical love of wisdom or vast body of factual world. It seeks to understand the branch of philosophical knowledge of the and explain the patterns of relations among the material world. The need of the hour is to culti- various parts and divisions of the factual world. Its vate an objective, authentic (based on original aim is to make the world and human life and work sources), and critical approach in order to ap- intelligible and intelligent and coherent entity and praise the merit and weakness of the Indian Philo- process. sophical tradition. In fact, both the streams of In- Prof. K.S. Murty mastered the discipline of phi- dian Philosophical tradition have developed simul- losophy. His writings are an ample proof for the taneously and have been mutually dependent on encyclopaediac learning and critical scholarship of each other. Each stream has its own realm of philosophic schools, doctrines and theories. He ideas, theories and applicability, and rules and pro- surveyed the gamut of Indian philosophical wis- cedures to investigate and find solutions pertain- dom, knowledge and tradition from the ancient to ing to its problems. Simply, both the streams of contemporary times. He cultivated a wholesome philosophical consciousness represent the philoso- and critical vision of Indian Philosophical heritage phy of different things - of the human soul and in respect of philosophical love of wisdom and unknown or unknowable other world, and of the philosophical love of knowledge. Philosophical love human body and knowable material world. In one of wisdom is grounded on two tenets: 1) the fun- sense, they are separate entities and their beliefs damental belief that truth or ultimate reality is infi- and doctrines neither contradict nor invalidate nite and unknowable; and 2) logical argument and each other. Both the streams of Philosophical tra- strict adherence to its rules and propositions is a dition complement each other in striving to pro- satisfactory method in the search or groping for mote human happiness, progress, prosperity and truth. Equally the validity of philosophical love of liberation from the condition of bondage and suf- knowledge is based on two categories: 1) the fac- fering. According to Prof. Murty this is the pith tual world or material world is the given or existing and substance of the real nature and content, role undeniable actuality or a substantial aspect of re- and legacy of Indian Philosophical tradition. ality; and 2) rational procedures and scientific meth- To be continued in the next issue….
42 THE RADICAL HUMANIST February 2018