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This is an archive article published on December 10, 1999

Fake resignations

The on-camera resignations of two of the three Union ministers accused of conspiring criminally to demolish the Babri Masjid were pure the...

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The on-camera resignations of two of the three Union ministers accused of conspiring criminally to demolish the Babri Masjid were pure theatre and no hair-splitting lawyer could have improved upon the prime minister’s defence of the three. With that the BJP seems to believe it has done all that is necessary to observe parliamentary proprieties and the matter should rest there. As for morality or observing the spirit of the law even though the letter does not oblige ministers to resign when accused of criminal conduct, or the uncomfortable fact that one of the accused heads the law and order machinery, the BJP would deny that such considerations are relevant in a case which it claims is “politically motivated”. Its response has therefore been quintessentially political. This may be the best the party can do; it is not good enough for the government.

L K Advani, Murli Manohar Joshi and Uma Bharati need not quit just now but if a subordinate court frames charges against them the Prime Minis-ter will have todo more to assure the country that the law will take its course. It is important to recognise that despite the BJP’s efforts to distance itself from the events of 1992 the issue just will not go away and hangs like a fog over the government. So waiting for the court to clear the air is going to be problematic if a final verdict is not available in a short period of time. No doubt there have been criminal charges standing against union cabinet ministers in previous governments.

If all the FIRs filed against MPs were to be placed end to end, the paper would round Parlia-ment House several times. All this is, as they say, a sad commentary on declining standards in political life and the justice system. But widespread or not, the persistence of criminal cases against MPs and ministers should not be tolerated. It damages the institutions of government and makes good governance so much more difficult. When the credibility of ministers is weakened the authorities cannot rely on willing compliance by the peoplewith laws, rules and conventions. Governments then have to compel co-mpliance or to turn a blind eye to infringements of the law. This has been happening increasingly all over the country. A sort of moral fatigue also sets in everywhere as accusations of corruption, misuse of office and criminality proliferate against members on both sides of the House.

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So what should be done about the Babri Masjid cases? It is absolutely incumbent on the Prime Minister and the Home Minister to make statements saying they will not countenance any interference with the process of law at any level, that there will be no attempt to influence investigations and the prosecuting agencies. Such reassurance is important because some of the most powerful individuals in the country are involved. After seven years the matter is still being heard in the court of an additional judicial magistrate. The judiciary should expedite hearings so that the whole process is completed and a final verdict delivered within a reasonable time.

Theministers have a right to have their names cleared quickly. If they are guilty as accused it is vital that the courts pronounce on the case soon and the ministers quit. Functioning in a miasma of doubt and accusations is not good for the country or them. All sides should commit themselves to achieving an early verdict.

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