Defying the Law...with Full Faith in the Judiciary

Mahesh Vijapurkar

Normally, politicians and political parties, as a routine, parrot when facing the prospect of a prosecution that they have full faith in the judiciary and would await a ruling. But that, it would seem by now, is a mere sound byte offered to the media for they could hardly question the court even before appearing before it.

Once an order goes against them, they seek to appeal, still speaking of their faith in the judicial system. But in cases, like the Shah Bano case, the judicial orders had been overturned by parliament, and first an ordinance, and then a legislated statute manages to turn the wheel back.

Much like that happened in Maharashtra when the apex court upheld Bombay High Court’s order that human pyramids formed to reach the hanging pot – not butter but cash rewards – at dahi handi events limited their heights to 20 feet, and barred anyone under 18 from being a part of the pyramids.

No sooner the order was emanated, Maharashtra government moved with speed, and issued a government resolution (GR) saying that the event was an ‘adventure sport’ though earlier in the day its lawyers had argued that such limitations would ‘hurt sentiments’, being a religious event by tradition.

That is doublespeak, and par for course.
What was unexpected was the brazen manner in which the order of the court was flouted. Maharashtra Navnirman Sena, a breakaway mutant from the Shiv Sena, and led by Raj Thackeray, decided to thumb its nose.

In Thane, a major centre for competitive tier-building for height, one was organised, and during the event, not stopped.
This should trigger a serious stocktaking as to whether the country was now turning into an entity which ceases to respect the judicial orders.

Instead of appealing against it to higher levels within the judicial system, vested interests choose to the resist it or disobey orders. Parties cannot get off scot free – Shiv Sena was once fined by Bombay High Court for defying a ban on a bandh.

It was a party, or more precisely, Raj Thackeray’s decision because within hours of the pronouncement from the Supreme Court, he objected to their intrusion into religious matters.

Defiance was in the air, and the one team of Govindas – the participants are called that (recall the Bluff Master song, starring Shammi Kapoor?) – in Mumbai built an 11-tier pyramid on the eve, touching 40 feet.
These weren’t the only ones. Several others too decided to ignore the judicial orders, and the authorities only videographed the events than prevent it.

Doing so would have earned the voter wrath, which the BJP wants to avoid, even as it wants to best the Shiv Sena and take control of the Thane and Mumbai civic bodies. But MNS has, in that sense, pulled a quick trick on the other two rivals.
These dahi handi events are more a show than a religious ritual, for as the Supreme Court itself pointed out, inter alia, Lord Krishna as a child did play pranks, stole butter, but not play antics.

Though several leading organisers who are politicians and whose Trusts run the shows had spoken of it as something that has ‘’turned into an event”, the myth that it was a religious festivity. It may have had its origins in it, when the prank of a child god is mimicked, but it is entirely something else now.