Legal flaws, a hindrance in bringing out the truth through court judgements ! – Advocate Makrand Adkar, Chairman, Maharashtra Educational and Cultural Institute, New Delhi
Ramnathi : The parties know the truth of the case; However, based on the information they provide to the advocates, the advocates present the case within the framework of the law. This leads to a court judgement; But it does not mean that truth will come out. The judgements of the courts are often different in different places like District Courts, High Courts, Supreme Court etc. In one case, the judge said, “I know who committed the crime; But my hands are bound by the law”. As a result, the accused was acquitted. The administration is legally bound to obtain the consent of the accused before subjecting them to Narco analysis, Brain mapping or even a lie detector test; but according to Article 20 of the Constitution, the accused cannot be forced to testify against himself. If so, what is the legal basis for the self-incriminating answers of the accused that are recorded during such tests? Such flaws exist in the legal system. Such legal flaws are a hindrance in bringing the truth through court judgements. Advocate Makrand Adkar, president of the Maharashtra Educational and Cultural Institute in New Delhi, lamented that lawsuits have been pending in the courts for many years due to shortcomings in the legal system. He was speaking on the first day of the 10th Akhil Bharatiya Hindu Rashtra Adhiveshan (July 12, 2022) on the subject of ‘British Influence on the Flaws in the Indian Legal system’. Shri. Amol Shinde (District coordinator, Bhumi Sanrakshan, Hindu Jagaran Manch, Maharashtra), Advocate Prasoon Maitra (Founder, Atmadeep, Kolkata), Advocate Umesh Sharma (Supreme Court, General Secretary of Bharatmata Parivar, Delhi) also addressed the attendees.
Thoughts expressed by other dignitaries!
Hindus should vociferously oppose land encroachment by religious fanatics! – Amol Shinde, District Convener, (Bhumi Sanrakshan), Hindu Jagran Manch, Maharashtra
1. So far, I have dealt with 18 issues of land jihad. There were 24 gunthas of government land in Nagar district. The Municipal Corporation had reserved the place to set up a ‘Swatantryaveer Savarkar Park’. Some maulvis erected a pir (shrine) there. Slaughterhouses were set up there, as well as hairdressing shops. 8-10 families started living there. Among them were some Bangladeshi and local Muslims. I retrieved the documents pertaining to the area and with the help of my colleagues filed a petition in the High Court. After that, some Muslims filed a false case against us. An attempt was made to kill my colleague. The Waqf Board sent us a notice in this case claiming that the land belonged to them. I filed a petition before the Sambhajinagar bench and presented all the evidence I had collected. Therefore, the bench rejected the Waqf Board’s petition and ruled in our favour. The Sambhajinagar High Court vacated the encroachments with bulldozers. We were able to show that ‘there is a Samadhi of Machhindranath Maharaj at illegal pir (shrine)’.
2. In one case, religious fanatics had encroached on a place and erected a pir there. Goats were being slaughtered there. We reached the place, removed the green chaadar (blanket) that had been wrapped and replaced it with a saffron blanket. The religious fanatics did not return, nor did the slaughter resume.
3. In a village in Nagar district, a sign had been put up saying ‘this place has been offered to Shri Kanifnath Devasthan’; But after visiting the village, we could not find any temple dedicated to Kanifnath there. We had old documents. I went to Pune and got the original documents and 7/12 land record transcripts. We used those records to search the temple, we noticed that a large pir had been built on the site of the ancient Kanifnath temple. Goats were being slaughtered there. Religious fanatics used to congregate on a yearly pilgrimage. After raising the issue with the administration, the administration said, “It cannot be addressed as it is a law and order issue.” Despite the evidence, the administration did not take action.
After that, a police constable assisted us. “You have tonight,” he said, “You have the documents, use them.” We turned the shrine saffron, after that, 5,000 Hindus came there on a pilgrimage.
4. In a Muslim-majority area, there were 27 Hindu households and 200 Muslim households. The Hindus owned the area near the river that runs through the village. When the Hindus sold 1 acre to the Muslims, the Muslims encroached on 5 acres of land and started construction work there. A mosque was built on the site. The municipality collected all the paperwork and filed a case in the Pune court. My advocate was from a Hindu organization. I had given them all the original documents. My case was later dismissed; However, the lawyer did not return my documents. Although I was backstabbed by that lawyer, I have collected all the documents again and filed a case.
If fanatics do their work, then we should do our work too. Hindus should strongly oppose the actions of religious fanatics without fear and should create 100 more activists like us!
Hindu community should increase its power without relying on the government and leaders! – Advocate Prasoon Maitra, Founder, ‘Atmadeep’, Kolkata, Bengal
Speaking on the topic of ‘Legal as well as organizational efforts to protect Hindus in Bengal’, Prasoon Maitra said, “Bengal borders Nepal, Bhutan and Bangladesh. Due to this, fanatics are infiltrating through it. Every day Bangladeshis are infiltrating Bengal. Most of them are Muslims along with a few Hindus. In 2012, 3 districts of Bengal became Muslim dominated and while the number of Muslims increased in 7 districts. Later, if they start demanding a separate state, no one will be able to stop them. In the 90’s, there was a great genocide of Hindus in Kashmir. That is what is happening in Bengal. In cities like Murshidabad and Howrah in Bengal, religious fanatics have created an atmosphere where even the police and army cannot take action. Hindus depend on the government. They hope that ‘great leaders will do something’ and neglect their social responsibilities. Hindu society should gradually become stronger. We want to build a strong society, and not restrict ourselves to being Dharmik through everyday worship. Hindus also need to consider their social responsibility. ”
It is everyone’s duty to fight against ‘Land Jihad’ in a legitimate way! – Umesh Sharma, General Secretary of Bharatmata Parivar (Delhi) and Supreme Court Advocate
The religious fanatics strive for Dar-ul-Islam and they want Ghazwa-e-Hind. As a means to this end a conspiracy of ‘land jihad’ is being carried out by fanatics. In order to stop it, the principle of ‘sab bhoomi gopal ki’, meaning ‘all land is ours’ should be embraced.
You will notice that when a mosque or a mazaar is erected, religious fanatics set up shops next to it. Through this, a business sector is created and employment is provided to their religious brethren. On the other hand, some NGOs work for the Rohingya, Bangladeshi infiltrators and demand human rights for them. They force (the administration) to provide basic amenities. In this way the land of Hindus is seized.
Anyone can stop ‘Land Jihad’. One just has to follow the following steps…
1. First of all, the ‘land records’ of the area should be accessed using the internet. This will show whether a mazaar existed there in the past. If not, then it is an encroachment for sure.
2. One can then lodge an online complaint with the Land Revenue Office. One can also file a complaint against the shops around the encroached area. Due to this, shops will be closed if found to be unauthorized.
3. If the shops are not closed even after the complaint is registered, one can go to court.
4. In your residential area, a fanatic buys a house first. Others think that it is just one house. What difference does it make? Over time, the house next door is also sold. After a few days, the house next door is also sold. By doing so, the minorities become the majority there and Hindus have no choice but to flee. This has become a reality in many places like Kairana, Moradabad, Bhagyanagar (Hyderabad), Old Delhi. If you see something like this happening, then counsel those Hindus who are ready to sell their house for a few rupees more. Otherwise, the area will definitely get out of your hands.
5. As the current 20 crore population of the fanatics increases, they will certainly take over the land of the Hindus. If we don’t have land, our very existence will be in danger and we will not be able to resist this.
