AGENCIES
JAIPUR: Vice President Jagdeep Dhankhar on Tuesday expressed concern over the “growing threat of demographic disorder” in the country, saying it is no less severe in consequences than a nuclear bomb.
The vice president said “demographic dislocation” is turning certain regions into political fortresses, where elections have no real meaning.
“It is alarming to see how some areas have been affected by this strategic shift, turning them into impenetrable strongholds where democracy loses its essence,” he said while speaking at a programme at the Birla Auditorium in Jaipur.
He clarified that organic, natural demographic change is never upsetting.
However, a demographic change brought about in a strategic manner to achieve an objective is “frightening”.
The vice president underscored that analysing demographic shifts over the last few decades reveals a “disturbing pattern” that offers a challenge to values, civilisational ethos and democracy.
“If this alarmingly worrisome challenge is not addressed systematically, it would escalate into an existential threat for the nation. I need not name countries that have lost their identity 100 per cent because of this demographic disorder, demographic earthquake,” he said.
He said the shared cultural heritage is being attacked.
There should be an “ideological and mental counter-attack” on forces trying to attack the shared cultural heritage, he added.
“Attempts are being made to portray it as our weakness. Under this, there is a plan to destroy the country. There should be an ideological and mental counter-attack on such forces,” the vice president said.
“We, as a majority, are all-embracing tolerant, generate a soothing ecosystem and we have a counterpoint, written on the wall. The other kind of majority is brute, ruthless and reckless in its functioning, believing in trampling all the values of the other side,” he said, terming it “alarmingly worrisome”.
“We, therefore, all have to work with passion, in a missionary mode to build a cohesive society that thinks in necessary terms and is not divided by factions of caste, creed, colour, culture, conviction and cuisines,” he added.
The vice president stated that “Bharat” must remain a stabilising global force.
“This force has to emerge. This century has to belong to Bharat and that will be good for humanity that will contribute to peace and harmony on the planet. However, it would be a disservice to the nation if we turn a blind eye to the dangers of demographic upheavals that are taking place in this country,” he said.
The vice president also spoke about the threat posed by those whom he called the “champions of anarchy.”
“These elements, driven by selfish interests, are sacrificing national unity for petty partisan gains. They seek to divide us on the basis of caste, creed, and community and these forces are actively working to compromise Bharat’s social harmony,” he said.
Dhankhar said that some in politics have no difficulty in sacrificing national interest for newspaper headlines or getting some minor petty partisan interest served. These “misadventures” need to be neutralised to change the landscape, he said.
He said India’s developmental journey is stunning the world.
“However, this economic rise is fragile if social unity is disturbed, if the fervour of nationalism dies, or if anti-national forces within and outside continue to sow divisiveness in the country. Everyone should remain mindful of these threats,” he said.
Vice President Dhankhar expressed concern about the disregard for the rule of law by some people.
“There was a time when some people thought they were above the law. They were privileged, but things have changed. Even today, we see responsible people in constitutional positions who do not care about the law, do not care about the nation. These are sinister designs orchestrated by forces inimical to Bharat’s progress,” he said.
“We cannot be crazy for political power. Political power has to emanate from the people through a democratic process that is sanctified,” he added. (Agencies)
Probe can’t be thwarted by quashing FIR if materials show prima facie case: SC
New Delhi, Oct 15: The Supreme Court has said when a First Information Report (FIR) alleges dishonest conduct by an accused and materials disclose commission of a cognisable offence then the investigation cannot be thwarted by quashing the FIR.
A bench of Justices JB Pardiwala and Manoj Misra said it was trite law that an FIR was not an encyclopedia of all imputations.
It further observed that while deciding if a criminal proceeding or an FIR should be quashed at the very threshold, the allegations in the FIR, including the materials collected during investigation, should be taken at face value to determine whether or not a prima facie case against the accused for investigation was made out.
“Thus, when the FIR alleges dishonest conduct on the part of the accused which, if supported by materials, would disclose commission of a cognisable offence, the investigation should not be thwarted by quashing the FIR,” the bench said in its verdict pronounced on October 14.
The top court’s decision came on an appeal filed by one Somjeet Mallick, who had challenged the February 1 order of the Jharkhand High Court, which quashed an FIR against an accused.
Mallick alleged that his truck was in possession of the accused since July 2014, however, its rent, including arrears amounting to Rs 12.49 lakh, had not been paid.
The bench noted the allegations in the FIR, which stated that the accused took Mallick’s truck on hire between July 14, 2014 and March 31, 2016 on a monthly rent of Rs 33,000, but did not continue paying the rent after the first month despite false assurances.
“The allegation that rent was not paid by itself, in ordinary course, would presuppose retention of possession of the vehicle by the accused. In such circumstances as to what happened to that truck becomes a matter of investigation. If it had been dishonestly disposed of by the accused, it may make out a case of criminal breach of trust. Therefore, there was no justification to quash the FIR at the threshold without looking into the materials collected during the course of the investigation,” the top court held.
It said that existence of “mens rea” (criminal intent) was a question of fact which may be inferred from the act in question and the surrounding circumstances apart from the accused’s conduct.
“As a sequitur, when a party alleges that the accused, despite taking possession of the truck on hire, has failed to pay hire charges for months altogether while making false promises for its payment, a prima facie case, reflective of dishonest intention on the part of the accused, is made out which may require investigation,” the bench noted.
In such circumstances, the court observed if the FIR was quashed at the very inception, it would be an act “thwarting a legitimate investigation”.
The top court further said that a petition seeking quashing of the FIR would not become infructuous on submission of a police report under provisions of the Code of Criminal Procedure. However, when a police report is submitted, the court must apply its mind to the materials before deciding if the FIR and proceedings thereafter ought to be quashed, it added.
“In our view, the high court ought to have considered the materials collected during the investigation before taking a call on the prayer for quashing of the FIR, the cognisance order and the proceedings in pursuance thereof,” the court said.
While setting aside the high court order, the apex court remitted the matter back to the high court to decide the quashing petition afresh in accordance with law and after considering the materials collected by the investigating agency.
