Rome Was Not Built In A Day!
Much has been said, discussed and talked about Black Money
issue since the Government filed its response in Supreme Court of India stating
It cannot reveal names of account holders in foreign banks , this Friday morning.
The focus of main stream media has been only on NDA = UPA 3. In fact even
people were on high expectations that the black money will be brought back in
100 days as claimed by Modi himself during election rallies. As a result of
which now people are loosing their confidence on Government on this issue of
black money. The problem is not with people and their lack of understanding but
with the media which is not letting out the TRUTH. Fact of the matter is
Government failed to take into consideration the people of this country and
went on with their work. This may somewhere hurt the image of Mr.Modi as people
have already started hating him. My point is simple: The government should have
made a statement much before and then carried on with their efforts to bring
back black money but on the same time even the people should repose their faith
in the newly formed government which formed an SIT on the very first cabinet
meeting i,e on 27th May 2014.
It all dates back to 2011 when senior Supreme Court Lawyer Mr.Ram
Jethmalani filed a petition in Court in this issue. From then onwards the court
was asking the then incumbent government to form an SIT in this regard but it
failed; inviting wrath of Supreme Court. It was then in election campaign in
2014 when the BJP’s Prime Ministrial Candidate Mr.Modi ( now PM of India ) had
attacked the UPA for its failure to form an SIT. Now when he’s become PM he
kept his promise of bringing in black money when the cabinet approved to form
an SIT. The allegations made after today’s stand in SC are that Ambani, Adani
and all those who r said by the media to b close to Mr.Modi have their accounts
there and hence the Modi government is refusing to disclose the names. This
argument though well received is completely hollow for the reason being: If at
all , lets consider for a moment, Mr.Modi is trying to shield those
industrialist then the very first thing is he would have never asked an SIT to
b set up. He could have argued in the Court for years together like the
previous government did. But he did not. So the ridiculous argument of shielding
Ambani and Adani stand nullified. Another point is that people claim it that
Ambani’s and Adani’s have accounts in Swiss bank. My argument: Who told? Is there
any proof? How come the common man knows who has accounts in foreing banks and
who has not? Has the media hub which claims at the top of voice any evidence to
support this argument? If they have then instead of telecasting it they should
submit it to the SC. Next argument made is Modi is only a talking parrot. My
counter argument: If Modi is talking parrot then Why did u believe him for last
5 months? If Modi is a talking parrot how is it that India and Switzerland are
working on bilateral agreement on black money case? If Modi is a talking parrot
then how come Swiss officials who till now were in denial mode agreed to share
information in this regard with India? How come is the Government trying to
sort this issue with Mauritius and Germany? This again proves the hollowness of
some elites trying to blame Modi Government. Yet another stupid argument is
that BJP leaders of which some cabinet minister’s names are being attached have
their accounts in Germany and hence the Government is not ready to disclose the
names. If cabinet was involved they would have stopped the FM and PM from doing
so. But what Ravi Shankar Prasad said in media briefing was this,’’The cabinet
unanimously approved forming SIT in this matter’’ Do I again need to highlight
the word Unanimously!
Interestingly when so called opposition leaders are
attacking the government even the people have started criticising the same
without knowing the nitty gritty of the case. The very first thing to be
considered is that in 1995 the UPA government signed a DTAA agreement with
Germany where the clause prohibits from
disclosing the names of account holders as a matter of privacy and also says
that unless the charges are proven nothing should be disclosed. Even the Supreme
Court guidelines state this and I quote,
1.‘’That ..The Union of India is exempted from revealing the
names of those individuals who have accounts in banks of Liechtenstein, and
revealed to it by Germany with respect of who investigations/enquiries are
still in progress and no information or evidence of wrongdoing is yet available’’
Clearly the Court says not to disclose anything if enquiries
are unable to prove charges!The order goes on to say,
2. The revelation of details of bank accounts of individuals,
without
establishment of prima facie grounds to accuse
them of
wrong doing, would be a violation of their rights
to
privacy. Details of bank accounts can be used by those
who
want to harass, or otherwise cause damage, to
individuals.
We cannot remain blind to such possibilities,
and
indeed experience reveals that public dissemination
of
banking details, or availability to unauthorized persons,
has led
to abuse. The mere fact that a citizen has a bank
account
in a bank located in a particular jurisdiction
cannot
be a ground for revelation of details of his or her
account that the State has
acquired.
The right to privacy
is a Constitutional right of every citizen of this country and hence in any
case it cannot be violated. If everything is disclosed it may lead to
infringement of a person’s right merely on the ground that he has an account in
this bank. It further says,
3. Whether the State itself can access details of
citizens bank accounts is
a separate
matter. However, the State cannot compel
citizens
to reveal, or itself reveal details of their bank
accounts
to the public at large, either to receive benefits
from
the State or to facilitate investigations, and
prosecutions
of such individuals, unless the State itself
has,
through properly conducted investigations, within the
four
corners of constitutional permissibility, been able to
establish
prima facie grounds to accuse the individuals of
wrong
doing. It is only after the State has been able to
arrive
at a prima facie conclusion of wrong doing, based
on
material evidence, would the rights of others in the
nation to be informed,
enter the picture.
None can compel the
person to disclose the identity without going to fair trial. If proved the
citizen have right to know who the traitor is but not unless the charges are proved.
4. There is no presumption that
every
account holder in banks of Liechtenstein has acted
unlawfully.
In these circumstances, it would be
inappropriate
for this Court to order the disclosure of such
names,
even in the context of proceedings under Clause (1)
of Article 32.
In all the above
statements by the H’ble Supreme Court of India , The Court has unequivocally said
that unless the charges are proved no one, absolutely no one can disclose the
identity of a concerned person and infringe his/her’s right to privacy. Still
the main stream media and some 5 star activists working for others , funded by
others, Modi baitors, and all anti national elements are shouting out on the
top of the voice that Modi Government is making a U-Turn. I would like to highlight
the fact what Mr.Mukul Rohatagi (AG) said today. He said,’’ Not ALL information
can be disclosed and made public’’ He said Not ‘’ALL’’! Means some things which
are prohibited by law cannot be made public as a result of right to life with
dignity and the right to privacy of concerned person may be infringed! And
State and Judiciary are there to protect the rights of the citizen and not to
breach them! Even the FM Arun Jaitley said that DTAA act is the problem and the
government is trying its best to sort it out and further schedule of this will
be made public shortly! When FM himself is clarifying that the government will
sort out things and is committed to bring back all the black money irrespective
of come what may.........Still We the People instead of standing by the
government are criticizing it for its failure! But my question is where is the
failure? For argument’s sake Mr.Modi indeed said 100 days but which 100 days (?)
that’s not mentioned by him! And even Rome was not built in a day folks!
Twitter and Facebook
comments show lack of understanding of law among masses. The matter is pending
before the Supreme Court- The highest authority of Law in India. And when SC
has not objected to this then we the people who don’t even know the ‘L’ Of Law
are no one to comment on this serious issue. Rest the Law takes its own course
and the matter is in safe hands when an SIT is set up by Supreme Court itself
and Court is monitoring it as well. We need not create ruckus and tell the
whole world how our brains work. Instead wait and watch. Sabra Ka Phaal Meetha
Hoota Hai. ..........
