Truth Triumphs (What high courts
say on RSS)
Ed. Ram Mohan
Suruchi Sahitya Publication
There could be nothing better than the considered
pronouncements of the highest judiciaries of the land in exposing the outrageous
falsehoods, -canards, allegations and mudslunging of the lowest order being
repeatedly indulged in by the Govt. -against the RSS. High Court after
High Court in different states have quashed the illegal malafide orders
of suspension or dismissal issued by the Govt. against the RSS workers
in the govt. service. The top insinuations of the RSS being 'subversive',
'violent' 'secret', 'communal', 'anti Muslim', 'political' and so on, have
all been subjected to impartial judicial scrutiny & found to be entirely
baseless. As many as ten High Courts Judgements-Indore (1955), Patna (1961),
Bombay (1962), Allahabad (1963), Jodhpur (1965), Banglore (1966), Chandigarh
(1967), Ahmedabad (1970) and Allahabad (1971) have given identical verdicts
nailing the charges levelled by the Government against the RSS.
High courts on RSS
It is important to note that the action sought
to be taken against the respondent is not any disciplinary action on the
ground of his present involvement in political activity after entering
the service of the Government, contrary to some Service Conduct Rule. It
is further to be noted that it is not alleged that the respondent ever
participated in any illegal, vicious or subversive activity. There is no
hint that the respondent was or is a perpetrator of violent deeds, or that
he exhorted anyone to commit violent deeds. There is no reference to any
addiction to violence or vice or any incident involving violence, vice
or other crime. All that is said is that before he was absorbed in Government
service, he had taken part in some 'RSS or Jan Sangh activities'. What
those activities were has never been disclosed. Neither the RSS nor the
Jan Sangh is alleged to be -engaged in any subversive or other illegal
activity; nor are the organisations banned. Most people, including intellectuals,
may not agree with the programme and philosophy of the Jan Sangh and the
RSS or, for that matter, of many other political parties and organisations
of an altogether different hue. But that is irrelevant. Everyone is entitled
to his thoughts and views. There are no barriers. Our Constitution guarantees
that. In fact members of these organisations continue to be Members of
Parliament and State Legislatures. They are heard often with respect inside
and outside the Parliament.
In the course of the last year both the Central
Government and the Provincial Governments have received a mass of information
in regard to the objectives and activities of the R.S.S. This information
does not fit in with what has been stated by you in this behalf. Indeed
it would appear that the declared objectives have little to do with the
real ones and with the activities carried on in various forms and ways
by people associated with the R.S.S. These real objectives appear to be
completely opposed to the decisions of the Indian Parliament and the provisions
of the proposed Constitution of India. The activities, according to our
information, are anti-national and often subversive and violent. You would
appreciate, therefore, that mere assertions to the contrary do not help
very much.
CHARGE OF INCITING HATRED AGAINST NON-HINDUS
No less a person than the previous Sarsanghachalak
of RSS, Shri M.S. Golwalkar himself was tried in a court of law by the
Government for this offence. The case against him was that he had delivered
a speech at Darbhanga (Bihar) which had promoted or attempted to promote
feelings of enmity or hatred between Hindus and Muslims and Christians
of this country.
The High Court of Bihar at Patna, (criminal) Revision
No. 607 of 1959) carefully presented the RSS view point vis-a-vis Muslims
and Christians, and held: analysed the entire speech in which Shri Golwalkar
had said-
"...... It is submitted that the principal object
of the petstioner in delivering the speech was to point out the objectives
of the Rashtriya Swayamsevak Sangh and to emphasise that the members of
the Sangh should strengthen Hindu Culture for the advancement of the Country.
In my opinion the submission of learned counsel for the petitioner are
not without force.
"It is difficult to conclude from the speech read
as a whole, that the intention of the speaker was either to promote feelings
of enmity or hatred between different classes of the citizens of India
or that the speaker had deliberately attempted to promote such feeling
... It has been submitted that section 153 A of the I.P.C. ought not to
be applied to the case of an honest agitator where primary object was the
redress of wrong, real or fancied, and who is not actuated with the mentality
of a more mischief monger . In my opinion, in the instant case also, it
is different to hold that the speaker had intended to promote feelings
of hatred between different classes of citizens of India, not to speak
of having delivered the speech with malicious intentions.
"In my opinion ... it must be held that the ingredients
of the offence under sections 153 A of the I.P.C have not been established
in this case."
The above judicial verdicts not merely up hold
the absolute innocence of RSS, they also reveal the mean and jaundiced
attitude of the Govt. The utterly and irresponsible way in which the various
State Governments have made such serious allegations as "subversive". "secret",
"anti-secular", "violent" etc. against RSS is simply breath-taking. The
high Courts even in their restrained language, have described the various
charges as "without foundation", "a very unsatisfactory explanation", there
is no evidence", "it would not be within reason to accept", founded on
irrelevant consideration "arbitary" etc.
In every case, the Government's order of suspension
or dismissal of RSS workers, has been quashed and the Government was ordered
to pay the costs.
That the Government is even today indulging in
the same old exploded allegations against the RSS and has even banned it
as 'a danger to national security', only shows to what depths of falsehood
& chicanery the Govt. can descend.
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