The situation in Nandigram on March 14 was not provocative enough to warrant police firing in which 14 people died, Calcutta High Court has observed in a judgment that termed the action %u201Cwholly unconstitutional%u201D.
The conclusion %u2014 possibly based on a preliminary CBI report saying the police shot to kill, not to scatter %u2014 suggests skilled crowd management could have averted the chain of events that triggered the gravest crisis in Bengal in recent memory.
The 172-page judgment punches holes in the government%u2019s version of events, lengthening its list of woes in the middle of a fresh furore over Nandigram and before it could recover from the loss of face in the Rizwanur Rahman case.
The mob at Nandigram had not prevented the police from carrying out their duties, the court said while stepping up the size and sweep of compensation announced by the government.
The judgment also cleared the haze over the number of casualties in the police firing by putting the toll at 14 %u2014 one of whom remains unidentified %u2014 and the injured at 162.
Government officials and politicians have been saying off and on that some victims had died of %u201Cvarious causes%u201D, implying that bombs hurled or bullets fired by the mob itself could have killed them. But the judgment mentions %u201Cpolice firing%u201D and %u201Cindiscriminate police firing%u201D in which 14 %u201Cinnocent villagers%u201D died.
Another government claim %u2014 that the crowd was armed %u2014
RE:Nandigram Firing Unconstitutional
by S Janardan on Nov 17, 2007 07:45 AM Permalink
Unconstitutional - that is true but who will bell the cat? UPA just can't rule the country without the support of CPI(M)? It's a joy ride for them. This UPA-Left Front nexus is vicious for our country. This country need a change in leadership. MMS is just a puppet, weak and helpless kind of a guy who can't breathe without Sonia's blessing. How can he take a firm step? Guys, do something to change at the national level. Nandigram type of situation can not go on for ever. The example of commies will bring in more of hoodlums, anarchy everywhere in our country. Before anything happens like that, please wake up guys!
RE:Nandigram Firing Unconstitutional
by Biswajit Gupta on Nov 17, 2007 07:05 AM Permalink
Another government claim %u2014 that the crowd was armed %u2014 has also not been borne out by the ruling.
State advocate-general Balai Ray later said four women were raped on March 14. The judgment does not mention the four incidents but it has specified compensation for victims of rape. All payments should be made within a month from today.
A division bench of Chief Justice S.S. Nijjar and Justice Pinaki Chandra Ghose said in the judgement that the intention of the police seemed %u201Cto be to crush the demonstration rather than to control or disperse an unlawful assembly%u201D.
%u201CAlso, the court does not accept that it is permissible to indiscriminately open fire to control the crowd%u2026. The firing cannot be justified under any provision of the law.%u201D
The judges said there was nothing to prove that the crowd was posing such a danger or threat to the police that the force had to open fire. There was %u201Cnot enough provocation%u201D.
They said confusion prevailed over who gave the order to open fire on a crowd that was unarmed. %u201CThe action of the police cannot be justified on the ground of sovereign immunity either.%u201D
In the preliminary report to the court, the CBI is learnt to have said the police had violated regulations and had opened fire not to scare away the crowd but to kill. The police should have first opened fire in the air and then shot at the legs instead of firing indiscriminately, the report has apparently said.
The court gave liberty to the CBI to register cases against the accused, in
RE:RE:Nandigram Firing Unconstitutional
by Biswajit Gupta on Nov 17, 2007 07:06 AM Permalink
The state had challenged the authority of the court to order a CBI inquiry on the basis of the governor%u2019s statement. But the court said it was within its jurisdiction to seek a CBI probe without taking the consent of the state government.
Ray%u2019s prayer for staying the operation of the order for at least three weeks was rejected.
Asked whether the government would approach the Supreme Court, Ray said: %u201CI have advised the government to move an appeal. The high court cannot ask for a CBI probe without taking prior permission from the state government. This issue is pending before a larger bench of the Supreme Court.%u201D
Chief minister Buddhadeb Bhattacharjee did not comment but CPM leader Benoy Konar asked: %u201CDo they expect the police to contain rowdies by spraying Gangajal and reading out the Gita to them?%u201D Top
Left parties are very much confused and they have confused the entire nation .They have exhibited frequent changes in their stand on nuclear deal, sometimes they say yes and sometimes no, sometimes threatens to pull support from the government and sometimes show the will for survival of the government to avoid unnecessary expenses on fresh election in their stand on the nuclear deal. On one day they blame Mr. Manmohan Singh and on the other day that praise him like anything.
Only day before yesterday Mr. Praksh Karat of CPM told that as long as they are extending support to the Government from outside ,they cannot allow the nuclear deal with US to come into force. Yesterday they gave green signal to the Government to go ahead with the International Atomic Energy Agency (IAEA) and submit the finding before them. . Still, in the way they are talking and giving statement to media, their support appears not convincing at all and it is clear that the assessment of the lefts parties by the government is self-deceptive. They have put a condition before the government that as long as they do not accept and put their stamp on the outcome of the dialogue with the IAEA Government cannot not imagine to finalize the findings. What is the fun in such type of talk?
Is it not the humiliating condition for the nation that the Head of the government will talk to entire International community without havi
RE:Left party's condition
by S Janardan on Nov 17, 2007 06:40 AM Permalink
The problem was due to China's disapproval to the N-Deal. Over and above, if the commies have digested the gift of $20 mils from China, obviously that's a problem. It's very unfortunate that UPA government is blackmailed by these guys. You probably are wrong in one count. These Indian commies are not pigbrains. Their bosses live in China, the great chinkland. What is Indian communism? It's a cult. Either you are with them or not. We or They. If you are at 'They' side, you can be tortured, harassed at any scale you can think of. See, Sonia with Raul had to travel to Beijing for Chink blessing. Now N-Deal is through. Once Hu was wooed by Sonia, CPI(M) agreed. No confusions - right? But the drama these clown made degraded our country. It appears that a deal must have been made for Nandigram issue against N-Deal during the luncheon between Karats and MMS after the trip of Sonia. Complex things. Just trying to analyze. And, don't worry, in future, these same (?)commies including Karat (prime objector against the deal) would say that this (opposing the deal) was another HISTORIC BLUNDER by the Chinese Party of India. Do you think they really care for India? Anyway, let us wait for the circus.
RE:RE:Left party's condition
by balkrish on Nov 17, 2007 09:00 AM Permalink
THANK YOU S.JANARDAN, You have very correctly given the picture of Sonia, CPM, China and others but unfortunatly our indian people most of them lacks politicl knowedge to chose their right one to rule them given in our democacy which not available to most countries;however our politicions wants to keep our people in such a way for ever for their survival.
RE:Pathetic!
by balkrish on Nov 17, 2007 08:38 AM Permalink
Dear Mahash, You have very correctly pictured about the great Indian monkey and its master but these politicions do not feel shame at all as they are very fond of power and position not only to them but also to their families besides their kith and kin to make wealth for their many gennerations.
Enough is enough. Communists deserve harsh punishment for being a small, 2 state party and controlling the future of india. They are shameless bunch who only thing have done is provided dirty unionbaazi to stope growth of indian pvt company in last 50 years. U look at everywhere and find some communists idea eating our efficent working force. They talk about poor, nationality to mislead & confuse indians that they are only one who care. Truth is they are enemy no. 1. And biggest reason why not many private company spread in india and created jobs & income for people. Comminists and unions deserve a harsh punishment from our court. They have done a biggest crime against indians. We should not let them get away with this.
Yupp !!!! You are Right RED PARTY GIVING GREEN SIGNAL... It seems something might have gone wrong with China and the LEFT.May be some negotiations with Money Matters(Bribes) etc etc...Thank GOD the LEFT realised that they are NOT CHINESE..
RE:Pandu Havaldar
by S Janardan on Nov 17, 2007 07:00 AM Permalink
U R wrong. They were never Chinese. They can't ever be. They are East Pakis. They get donations from their counterparts in the chinkland and work for them. A few days ago also, they were saying why not we make a similar deal with China. But these commies don't know that China is a friend of Pakis. They are in a illusion that they are still in East Pakistan. Thatswhy they fail to understand how impossible it (N-Deal with China) is. They didn't even know that it's been a unipolar world. China still is in its distant dreams. China is not yet a developed country at all. Recently, they understood the influence of USA. But they have not given up. Very soon, while begging, WB CM Buddhababu and Nirupambabu are going to burn the effigies of GW Bush on the streets of Manhattan. Buddhababu has been an expert in burning effigies of US leaders since his student days. Unfortunately, the US leaders didn't even get those information. Now the opportunity has come. Buddha will demonstrate his skills and it will be shown live by ABC, CNN etc. Cheer up, guys!
With regard to the finalisation of this deal,congress was not in a position to say to USA like the way lefties told to the nation.In a larger perspective because of left parties,the west realised that India isn't an easy country to deal with.One should not be wondered because of this whole row,India might get what she wanted.Its always good to have such left forces,in the India's growth story.Having written good about the left,I am not great fan of them but we must not forget that they are neutralising force,without them we can be easlily taken granted at home and as well by the west.If we accept everything from Americans,they are capable of doing worst things, we might even fail to notice.They are the most practical people on earth for them their interest is the first!! In all left's in this deal is a good sign in our democratic setup.
When the situation will come in control to Commies see what do they say. Commies need help to save themselves to the criminal activities they are doing in several places in Waste Vengal. Monmohon and his party are too fool to understand Commies.
