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E-Pao! Governance Opinion - Different Similars

Different Similars


Geoffery *



On 31 Jul 07, famous character of Munna Bhai (Sanjay Dutt) has been sentenced for six years rigorous imprisonment for possessing illegal arms around fourteen years ago. His request for release under Probation of Offender's Act (POA) has been denied.

But at the same time there are number of offenders who are caught with illegal weapons, should they also not meet the same treatment? This is no way an advocacy for the celebrity.

North East region of our country, Jharkhand and Andhra Pradesh are wreathing under the wrath of insurgency with spillover to neighbouring states. There are large number of proscribed outfits operating in various parts of our country with different names and aims.

These are self claimed revolutionaries fighting a battle for a self centered and self defined cause. Very often the cadres of these outfits are apprehended with illegal arms.

Do these cadres meet the same treatment under TADA and possession of illegal arms act? Of course, these cadres are put behind bars to be released soon after, either under NGO sponsored pressure or arm twisting tactics of these outfits or with intervention of someone at the helm of affairs.

Are these offender's beyond law or it is more than what meets the eye? Let us see the difference.

Munna Bhai has been called, "in corrigible offender, doing an act that is eminently dangerous, having elements of criminality etc" where as no such strictures are passed for frequent offenders of proscribed outfits. One proclaimed offender has contributed positively to the society while other offenders do the opposite. The film Munna Bhai MBBS is the only Indian film being remade by Hollywood, an only example of reverse film trade.

This film spreads a message that positive state of mind has a constructive and complementary effect on the recovery of patients; sometime medicine can not have alone. Lage Raho Munna Bhai is also being made in Tamil. There is a strong message of Non Violence conveyed to the public through this film.

This film generated nation wide discussions on lessons of Non Violence spread by the father of nation, Mahatma Gandhi. The lessons it gave to the younger generations are to be realized to believe. His father's films have also contributed positively to the society. This family has also contributed to the cause of cancer patients.

Now the contribution of cadres to the society is; killing, extortion, intimidation, violence etc. That leaves behind orphaned children, makes widows of happily married women, deprives parents of the only child they have, deprives families of the only bread earner in the family etc.

What kind of name should be given to these offenders; Incorrigible offenders, non repentant offenders or parasitic offenders who live on other's hard earned money that deprives the families of better nutrition and children of better education? Not to forget the violence related Post Traumatic Stress Disorder (PTSD) that affects people of all ages in different proportions with far reaching consequences. Terror has no affiliations to ethnicity, caste, creed, religion and region.

Act is the same but treatment meted out is different. Home Minister RG Lyngdoh of Meghalaya came very heavily on extorters and those who quietly succumbed to their threats.

The philosophy was simple that these are anti state activities. The result was phenomenal; the proscribed outfit ANVC entered into ceasefire agreement and HNLC became cash starved resulting in large scale surrenders.

Both State and Centre government is spending enormous amount of money to check supply of illegal arms and resulting insurgency. Should the simple philosophy of Shri RG Lyngdoh be emulated and deal with all anti state elements accordingly?

Films are a mirror of happenings in the society. They depict a deep collusion between authorities (Legislative, Executive and Judiciary) and the under world elements.

Now the precedence has already been set by Justice Khode for sentencing an offender to minimum six years rigorous imprisonment for simple possession of illegal arms. The case is different for offenders in NE states and other states of India. They possess as well as use illegal weapons with impunity.

Judiciary of NE states and rest of India need to take lead from the landmark judgment and dispense rightful justice to the offenders to avoid zeroes becoming heroes. Home departments of affected states also need to draw actionable lesson from actions of Meghalaya Home Minister.

This will send a right message of security to the innocent and hapless sufferers and pave the way to much wanted peace, progress and prosperity.

"It is the spirit and not the form of Law that keeps justice alive." - Earl Warren


* Geoffery contributes regularly to e-pao.net The writer can be contacted at jaey_geoffery(at)yahoo(dot)co(dot)in . This article was webcasted on 12th August 2007.



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