LAWMAKERS AND
LAWLESSNESS
There is a latin maxim in law books that says “Ignorantia juris
non excusat” as also “ignorantia legis
neminem excusat” which means "ignorance of the law excuses not and "ignorance of law excuses no
one respectively. This is a legal
principle holding that a person who is unaware of a law may not escape liability for violating that law merely
because he or she was unaware of its content. Hence nobody is thought to be
ignorant of the law or not
knowing that the law is harmful.
In the days before satellite communication and cellular phones, persons who could genuinely be ignorant of the law due to
distance or isolation but today even an illiterate knows well that there is
punishment for wrong parking or changing the lane while driving a vehicle on
public road or for travelling without valid ticket in a train.
These laws, rules and customs are interwoven with ethical and
religious dialog so that laws expressed what is right and good and deviation
that which is not. Similarly there cannot be one law at Delhi and another at Mumbai,
one thing now and another afterward; but the same law, unchanging and eternal,
binds all sectors and sections of the society and all times.
"What’s right is right and what’s wrong is wrong. What is
fine, no doubt, is everywhere legislated as fine, and what is shameful as
shameful; but not the shameful as fine or the fine as shameful."
Recently a seating member of Lok
Sabha Mr. Bhagwant Mann created a video from his own mobile by himself and put
it on his face book showing the complete security checks and stages of entering
Indian Parliament House. In the video, Mr. Mann gives a running commentary as his
vehicle crosses security barricades, while entering Parliament. “I’ll today
show you something you would not have seen earlier,” he says.
He enters a room where questions
are being sorted and describes the process. A security official is heard
telling him not to take photographs, but he replies: “I’ll not take photo… will
maintain confidentiality.”
Mr. Mann is not an ordinary
person he is a member of Lok Sabha and has taken the oath to protect the sovereignty
of India. Thereby he is a law maker. Lok Sabha
speaker took cognizance of the action of Mr. Mann and it was construed as
breaching the security of parliament. The matter was debated in both houses of
parliament and barring Mr. Mann himself every MP irrespective of their
affiliation to political parties, accused and cornered Mr. Mann. Lok
Sabha speaker told members of the House that the matter is serious and promised
to take appropriate action against Mr. Mann. The chairs in both Houses were
under considerable pressure from the members to take appropriate punitive
action against the errant AAP MP, as a majority felt that it is a matter of
national security being compromised.
During debate, he was seen all alone facing the music.
Lok Sabha Speaker summoned Mr.Maan
and discussed the matter and reportedly expressed her displeasure and
unhappiness over breaching specific rules related to the Lok Sabha, and in
particular his move to video live streams his movements in Parliament. Mr.Maan
is being charged with breaching the following Lok Sabha rules like 334(A) that
prohibits advance publicity and 352 that says no inter-alia video recording.
Press and Publication Rules says
any recording, certain areas like security gates etc not to be recorded (which
he has done) and as per the case of security breach it is considered as
compromise of security and grave misdemeanor.
Majority of members of Lok Sabha
asked for a privilege motion against him, for “endangering security” of the
heavily-guarded complex.
But an adamant and defiant Mr.
Mann had said that he would repeat the live streaming next day also and added
that he had done nothing wrong. Subsequently on realizing that there is no
escape he apologized in writing to avoid any punitive action.
Mr.Maan has also tried to twist
the matter by saying that it was not his intention to endanger the security of
Parliament or its members, and claimed that he only wanted to show people in
his constituency in Punjab a glimpse of Parliament and its functioning.
Subsequently a committee of 9
MPs has been formed to decide on the matter and it shall submit its report
shortly to the speaker of Lok Sabha.
In retaliation,
this law maker wrote a letter to the LS Speaker in which he has demanded a
thorough probe against PM Modi for inviting a high-level Pakistani delegation
to visit the Indian Air Force Base in Pathankot, weeks after it was attacked
allegedly by Islamabad-backed terrorists.
Now the
question is how come a law maker can be so much ignorant of law that he is not
supposed to show all the security checks of Parliament? Is he deserved to be in
house at all?
How this law
maker is so ignorant that PM has not invited Pak team at his personal invitation.
There are set rules to do the sovereign duty. There are parliamentary committees,
cabinet committees, the ministry of defence, ministry of Home Affairs and
internal security, there are bilateral agreements, there is national security agency,
there is National Investigating Agency and whole government machinery to
propose and endorse such decisions in the national interest. Our PM does not
take decision in his personal capacity but his such acts are sovereign act.
Does this accused Mr. Mann so much ignorant or he is trying to fool the
citizens of this country in general and Members of Parliament in particular?
Mr. Mann should
understand that law has to take its own course whether you are a law maker or
an ordinary citizen of this country.
If lawlessness
is created and exhibited by the law maker himself, then what can you expect
from ordinary citizens. Are we not supposed to follow the law of the land? The
action of Mr. Mann and his subsequent reaction, if endorsed shall lead our
whole country to anarchy?
KARUNA SHANKER
OJHA
Feedback :
ks_ojhaji@yahoo.com
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