Opinion | Is The Judiciary Getting Weaponised?
Opinion | Is The Judiciary Getting Weaponised?
Weaponisation of the judiciary is causing strange upheavals that are profoundly affecting judicial interpretations, opinions, and verdicts that are binding on anything and everything in nations that follow democracy as the pattern of government

This is an age of planned weaponisation of institutions, organisations, universities, merchandise, food products, population, freedom, human rights, family, love affairs, drugs and even the judiciary. The weaponisation of the judiciary is causing strange upheavals and circumstances, that are profoundly and astoundingly affecting judicial interpretations, opinions, verdicts and decisions that are binding on anything and everything in nations that follow democracy as the pattern of government. A small number of judges, sitting solely or as a duo or trio, decide what is right and wrong, what is good and bad, what is lawful and unlawful, and what is permissible and impermissible. By impacting the minds of these judges, decisions can be extracted that can change the destiny of an entire nation, consisting of several hundred million, relatively easily.

For the right kind of price, there are lawyers who can deviously argue, debate and confound judges into upholding that the rights of terrorists, agitators, arsonists, rapists, anti-nationals, drug traffickers, human traffickers, seditionists, religion converters and illegal refugees are more paramount than the cares of a sundered nation. Privileged offenders can unbuckle and unshackle themselves from uncomfortable judgements of high courts and lower courts with just a midnight knock. Fancy-priced midnight-knock specialist lawyers can make any judgement go topsy-turvy, stay its operation indefinitely or even send it back to the lower courts. The journey up and down the stretch covering the hierarchy of courts would take more time than a journey to Pluto! Right here is the point at which millions of affected people, having no axe to grind, no influence to canvass and lobby, no money to hire fancy-priced midnight-knock lawyers, and no ulterior motives, find themselves flummoxed indefinitely.

The success of a democracy depends on its judiciary but not vice versa. If the judiciary can be overwhelmed or influenced by vested interests, anti-nationals, foreign-supported NGOs and foreign religious fundamentalists, the government of the day can be crippled into inaction and restrained indefinitely from proceeding and implementing any progressive reforms and changes. A simple judicial intervention can indefinitely delay, abort, twist, or jettison any scheme, program, or reform initiative of the government.

A slew of new tactics, strategies and techniques are being used by agitators in functioning democracies in Asia, Europe and America to compel judicial intervention, for acting as a cost-effective barrier, against the government of the day. There is no need for hyper-expensive military intervention by foreign countries, no need even to finance terrorists, insurgents and revolutionaries. A simple antithetical verdict, running into a few pages, will put any nation into the doldrums for decades.

Countries having a dictatorship form of government like China, or monarchies in West Asia, do not see any kind of impediments, either judicial or non-judicial in enforcing new initiatives, development agendas, or employing regressive measures on detractors. Tourists who go to Dubai are floored like Alice in Wonderland, at the fast-paced myriad changes taking place there, and blame the Central and state governments of India, as being incompetent. Bureaucrats and police are blamed on an everyday basis for being corrupt and unfit. But these critics forget that in countries like China, Dubai and other West Asian countries, the government does not have to face any judicial barricade whatsoever. What is decided by the government gets done immediately.

In democracies, what is decided by the government can be effectively debarred, by just a handful of judges, maybe just two, three or a maximum of five in number.

The simple strategy, therefore, for foreign intelligence agencies is to weaken the judiciary of any nation, so that it can be effectively controlled in order to fast-track ambitious agendas of nations, desiring global control, promoting their religion and culture by displacing existing religions and cultures.

Weaponise by weakening the judiciary, for it is the central switchboard of any democratic nation. Invisible counsellors spread across NGOs, universities, journalists in print and visual media, social media, political outfits, radical groups, religious conversion groups, and propagandists, will be induced and enticed to spread rumours, claims, and disputes, based on imaginary fears and fiction. Foreign-funded riots, demonstrations, agitations, and roadblocks, will be frequently unleashed by unseen and intangible forces. The judiciary will be invoked on an everyday basis for every conceivable reason or imagined misgivings.

The recent French Riots are a typical example of engineered riots seeking to replace the existing faith, culture, language and customs with a totally foreign religion, culture, and values. Well-conspired, planned and executed swarms of migration have inundated France (as also many European countries), with mostly male migrants, who while enjoying the hospitality of these nations are plotting their downfall, by setting deadlines. Huge enclaves of migrants have been established where they profess a different language, religion, and customs, and nurture hidden agendas. France, which built up a glorious reputation as the champion of liberty, equality and fraternity, is being forced to reconsider those ideals. As Marc-Olivier Padis of the left-wing think tank Terra Nova puts it, “The words are the same but the meaning has changed.”

Nations across Europe are feeling the heat of new developments like organised refugee influx, terrorism and jihadism, that will bring about cataclysmic demographic changes, wipe out French identity, and impose Arab language, culture and norms. The success of the recently concluded riots-festivals, in different cities of France, is set to debut in many European countries shortly. But, the judiciary in these countries is intoxicated with grandiose ideas and visions of human rights, refugee rights, judicial independence and an assortment of freedom and rights, that they fail to see the corroding disintegration happening before their eyes.

The precursor model for these riots has been repeatedly and successfully experimented with across India, which is heavily bogged down by just two undefined terms — “secularism” and “minority”. When these two terms are used in conjunction, every political party, bureaucracy and judiciary, gets intimidated into supplication. Advanced versions of rioting are now being released in different cities in India.

Violent pre-planned political agitations using children and women are a growing trend in India. Whether it is to protest against the Citizenship Amendment Act (CAA), Uniform Civil Code (UCC), outlawing imposition of 7th-century foreign religion dress codes, prohibiting religious conversions (meaning the destruction of indigenous faiths and cultures), farm reforms, or any other progressive piece of legislation, agitation leaders place women and children in the vanguard. This formation and placement deter the police force from using coercive mob control measures. The stone pelters, provocative slogan shouters, and armed assailants make up the rear ranks. Against this pattern and placement of rioters, police forces are reluctant to act, fearing transfer, disciplinary action and damage to their long-term career prospects. The organisers and their foreign masters ensure international coverage and negative publicity, focusing on the hardships caused to women and child agitators. Judges, sitting singly or in a combination, are seeking only accolades and encomiums, by supporting such foreign-funded agitationists. Nobody sees the damage to the nation.

Though the nation is witnessing aggravated terrorism, money laundering, drug trafficking, human trafficking, love jihad, land jihad, food jihad, refugee jihad and dress jihad, organised and instigated by foreign powers and their intelligence agencies, the courts are more obsessed with upholding all kinds of freedoms.

Individually when analysed, they all appear innocuous — a Muslim man marrying a Hindu, Christian, Buddhist, Sikh or Jain community girl. But, when it happens in hundreds and thousands, there is some crazy design in it. When land is purchased and exclusive enclaves are built and bulk trading and voting happen, some dangerous motives are at play. When land around military bases, defence installations, international borders, sea coast, and pilgrimage towns, are being purchased and enclaves built, something sinister is being planned. When slaughterhouses are being set up indiscriminately, food is contaminated with human spit and other body wastes, there is vicious hidden perversion at play. When Bangladeshis and Rohingyas are flooding into cities and towns, bringing drugs, something murky is being organised. When Arab clothing is compelled on womenfolk, it is obvious that foreigners are dictating what changes are to be thrust on the unsuspecting population. Yet, none of these can be disputed in Court. Judges are in pursuit of panegyrics praising them as champions of human rights, minority rights, and secularism. They will restrain and bind the government and the police, but not those causing mayhem, indiscriminate killings, and destruction of public property. Why this leniency towards anti-national forces?

Legal cases in India, including aggravated crimes of terrorism, human trafficking, sex trafficking, drug trafficking, religious conversions, refugee influx, and multifarious forms of Jihad, are all viewed, analysed, and determined not from the macroscopic view of national security but from the very narrow perspective of freedom, the scope of rules, procedural irregularities, minor infractions and violations of natural justice. Select lawyers with clever legal salesmanship can easily rescue anti-nationals from the clutches of law and let them loose inside the country to repeat their crimes.

Democracies that permit weakening and thereby weaponising their judiciary are staring at inevitable collapse. Parliamentarians cutting across political affiliations need to be discussing and debating the future of litigation in this country. The nation needs laws to terrorise terrorists, drug traffickers and human traffickers. Why are we not distinguishing between domestic terrorism and overseas-dictated terrorism? Similarly, for other heinous crimes like drug trafficking and human trafficking? How is the judiciary going to respond to these heinous crimes? Is it not the time to change the legal landscape?

Judges and lawyers need to be aware that they are being discreetly weaponised and utilised for destroying the fabric of the nation. Stuart Pollak who was Law Clerk to U.S. Chief Justice Earl Warren, revealed that though Warren was not an intellectual heavyweight, he always issued court rulings that reflected what was best for the country, sometimes without worrying over legal technicalities or precedent. ‘He’d say, “cut through the law.”’

Dr G Shreekumar Menon IRS (Rtd), PhD (Narcotics), is Former Director General, National Academy of Customs, Indirect Taxes & Narcotics. Views expressed in the above piece are personal and solely that of the author. They do not necessarily reflect News18’s views.

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