Letter No.713

From

V. Sabarimuthu

26-3 Vellicode

Mulagumoodu P.O.

India

To

The President of India

New Delhi

Your Excellency

The last letter was submitted to the President of India and the Supreme Court of India through email on 26 February 2019 at 1 P.M.

Next day, the Indian media said that two Indian fighter jets had to cross the border to chase two intruding Pakistani F16 fighter jets. In the dogfight that ensued, Pakistan downed an Indian MiG 21 in its territory and captured its pilot. India recovered AMRAAM anti air to air missiles that can be used only on the F-16.

‘Pakistan teaches India a lesson’, ‘Dastardly Pakistan’, ‘Stay calm and back India’, and ‘Use missiles and strike back’ are some of the war monkeying comments of the Indian TV channels. Rajini Vaidyanathan of the BBC said that the very thought of challenging the official version was the equivalent of being anti-national in India.

Instantly, India decided to attack Pakistan. Many airports were shut down. Indian army crossed the border in many places. 

Addressing a meeting in Delhi, on 27 February 2019, Prime Minister of India Mr. Narendra Modi disclosed that he had granted power to the armed forces to retaliate.

While he was talking like this, an officer handed over a paper to him. Mr. Modi went through the paper. He did not utter any words after that and returned. One or two TV channels reported it instantly. He might have met the President of India. But the media did not report it. He had some meetings with the Union Cabinet and with the chiefs of the armed forces. One or two TV channels instantly reported it. After that, India decided to de-escalate the tensions and the airports were opened. One or two TV channels murmured it.

What is the reason for the revulsion?

The President of India - the Supreme Commander of the armed forces - this time, was very alert to act on the last letter – the letter No.711 dated 26 -2-2019. He firmly asked Prime Minister Mr. Narendra Modi to unilaterally de-escalate the tensions forthwith and the latter was left with no other alternative.

However, what the present man knows is his last letter and the above developments. The President of India alone knows the other things that happened on the eventful day.

Thus, the present man rescued Indian and Pakistan from perdition.

Though India lost the dogfight to a superior aircraft, India won the war on 27 February 2019.

If the present man can lead India latently like this without the support of the people, why can’t he lead the nation patently with the support of the people? Everyone would tell that the present man was the only man in India to strike a discordant note at the moment of maximum danger under Prime Minister Mr. Modi.

For this, the Supreme Court of India must adjudicate this letter. The people must know its award. What is the use in asking the people to stand in long queues to vote for Prime Minister Mr. Modi or Mr. Rahul Gandhi before allowing them to know this? What is the difference between them? If the ruling class asks Mr. Modi to take a break, Mr. Rahul Ganghi would win. Otherwise, Mr. Modi would win.

The media did not immediately report the decision taken by India to de-escalate the tensions. To face India, the airports in Pakistan had been under shut down for three days. But Prime Minister of Pakistan wanted to avert a war. Therefore, he said, “After the Pulmava attack, I made an offer to India that we were ready for any type of investigation they wanted. They suffered casualties in Pulwama and I know how distressed the families must have been because we have had around 70,000 casualties over the past ten years. I have been to many hospitals over the past ten years and have seen bomb blast victims, some with no legs, some with no arms. They cannot walk, some cannot see. I know how families of those who have passed away and those who have injured feel. That is why we made a straight offer to India for whatever type of investigation they wanted. If any Pakistani is found to be involved, Pakistan is ready to co-operate with you fully. We said this because it is not in the interest of Pakistan. Therefore, we were ready for total co-operation. There is no dispute in this.

But I had the misgiving that, despite all these, India would take some sort of action. That is why I told them that if they took any action, we would be compelled to respond. No sovereign country can allow another to decide that a country has committed a crime, to become a judge, jury and executionary and carry out such activities on its soil. I had these misgivings because there are elections in India and I felt that because of this, some kind of action would be taken.

Therefore, I told India that we would have to retaliate. So, when the action was taken by India yesterday, I had talks with the army chiefs and the air force chief. We did not take action in the morning because there was no complete information about what damage we had suffered. We knew that it would have been very irresponsible on the part of Pakistan to take action if we had not suffered any casualties ourselves. That is why we waited and took action today. It was our plan, that there should be no collateral damage, no casualties.  We only want to tell India that we have the capability, if you come and carry out an activity on our land, we can also come over and do the same in your land.

In retaliation to Pakistan, two Indian MiG 21 fighter jets crossed the Pakistan border. They were shot down. I also want to say that the pilots are with us. The problem is where do we go from here. This is very important. I am now addressing India, it is very important at this stage that we use wisdom and insight.

There were miscalculations in all the big wars in the world. No one realized where the war started would lead.

The First World War was supposed to end in in a month. It took six years.

In the Second World War, Hitler thought he would conquer Russia. But he had not realized that it would be delayed until the Russian winter and he was destroyed.

Did America ever believe that they would get struck in Afghanistan for 17 years? Did it ever believe that the Vietnam War would go that far?

World history tells us that there were miscalculations in wars.

But my question to the Indian Government is, given the arms that we and you have, can we afford any miscalculation. Should we not be thinking that if this escalates, were will it lead to? It will neither be in my control nor in the control of Mr. Narendra Modi. That is why we once again invite you to talks. We are ready. We told you that if you want any type of dialogue on your Palwama Tragedy which has caused you distress or on terrorism, we are ready. But I will tell you, again, that, at this time, better sense should prevail.

We should resolve our problems by sitting down and talking.

Thank you.”

His above talk won praise from the Pakistanis and the Indians. A minister in Pakistan together with many signatories recommended Nobel Peace Prize to him. If the people in India had known what the present man did, they might have recommended him also for the same.

Russian Foreign Minister Sergey Lavrow offered to mediate as well as providing a venue for talks between India and Pakistan. The Secretary General of the United Nations offered his good offices for de-escalation. The USA, China, Saudi Arabia and many other countries requested India and Pakistan to exercise maximum restraint. None knew the fact that India took a unilateral decision to de-escalate the tensions as early as on 27 February 2019.

When the news of the de-escalation appeared in the media, Pakistan Prime Minister Mr. Imran Khan, to total surprise of everyone, was very quick to hand over the Indian pilot to India.

India has not seen a civilian government in India in the last 20 years. Some say that Prime Minister of Pakistan Mr. Imran Khan works under the order of the armed forces of Pakistan. Some in India even say that many army officers in Pakistan are businessmen. But, the fact that Mr. Imran Khan released the Indian pilot within 48 hours of his arrest shows that he is heading a government with great civilian character.

The people all over the world had no clue about what happened between ‘retaliation’ and ‘de-escalation’. They simply rejected everything as a dark dream.

 India’s Ambassador to Russia, on 2 March 2019, said, “The situation is already stabilizing and stabilizing rather quickly”.

Prime Minister of India Mr. Narendra Modi, on 2 March 2019, said. “The entire country is feeling the absence of Rafale fighter aircraft. The entire country is saying, in one voice, today, what all could have happened if we had the Rafale. The country has suffered a lot due to selfish interest earlier and now politics over Rafale.

Thus, Prime Minister Mr. Modi acknowledged that India, for the first time, suffered defeat in the hand of Pakistan in an aerial clash.

In this connection, it must be noted that the Supreme Court of India converted India into a rogue country. In fact, India is the No.1 rogue nation in the world. Therefore, the USA would continue to maintain the present balance of power. It openly acknowledges this. If India buys the Rafale, the USA would supply a better one to Pakistan. The fact that the USA distrusts Pakistan is a different matter.

To a question, Union Minister Mr. Arun Jaitely, on 2 March 2019, said, “We are living in a world without complete information”.

Thus, he indirectly said that the people would not know the repercussions of the last letter.

Simultaneously, Pakistan detained hundreds of militant people. It seized 182 schools. Its actions inspire confidence although it is not ready to hand over some militant people to India.

A Mr. Amit Varma, in The Times of India, on 3 March 2019, described the effect of the last letter on Prime Minister Mr. Narendra Modi as follows. “One, strategy dictated that he must not escalate because Pakistan in a nuclear power. Two, politics dictated that he must”

       

The New York Times, on 5 March 2019, said India -Pakistan conflict was a parade of lies. Apparently, it is aware of the last letter. However, the USA acknowledged that there were a lot of private efforts behind de-escalation.

Speaking at a public function, on 5 March 2019, Prime Minister of India Mr. Narendra Modi, among other things, said,

“The opposition is trying strike me while I am trying to strike terrorism.

Some people are criticizing me. They are free to criticize me but their anti-Modi tirade should not help terrorists like Masood Azar and Hafiz Saeed.

One challenge before the country is that some people are opposing their own country. When the entire nation is standing with the armed forces, some people are casting doubts on them.

Is this the way you are serving the national interest? You may question me on my policies. You may not trust me, but at least trust the armed forces. Don’t raise questions over their valour.

It is ‘my nature’ to give a fitting reply. We will enter their homes and eliminate them. Even if they hide deep under the Earth, we will drag them out and eliminate them.

It is our policy to hit enemies inside their territory. I don’t want to wait for long.

Some say that the driving force behind my action is the coming election. Was there any election when I conducted the surgical strike for the first time?

We have been affected by the terrorism for the last 40 years. I don’t care for power. I am only concerned about my country’s security.   

India’s unity has scared many within the country and outside. I can say with full confidence that the 21st century belongs to India”.

What Prime Minister of Pakistan said must be compared with what Prime Minister of India Mr. Narendra Modi said.

If he is a very bold man, he could have entered the Supreme Court of India to chase away the judges for denying freedom to Indians.

It is customary for the Indian government to murder its soldiers for gain. Prime Minister of India Mr. Narendra Modi too wants to murder them for gain. He utilized the Palwama terrorist attack to alienate not two but five air ports. This violation against the Constitution is not the first of its kind committed by his government. Article 39 prohibits this. Any violation must lead to restitution and punishment. The people are entitled to compensatory damage also.

Further, consistent with ‘his nature’ he pushed the armed forces to make another Godra if not a full- scale war. In the Godra violence, the court punished a top lieutenant of Mr. Modi. In the present issue, his top lieutenants did not stand by him. They did not get the critical energy badly needed to defy the letter of the present absent class citizen. He could strange this work until the last day last minute in office. Yet, for a moment, India was under the civilian rule.

His prime ministership now reminds ‘Blue Jackal’ story.

Further, the language of the Prime Minister of India shows that India and Pakistan must debate the question of abandoning the nuclear devices.

On 7 March 2019, the Supreme Court of India bench comprising Chief Justice of India Ranjan Gogoi and justices SA. Bobde, DY Chandrachud, Asok Bhusan and SA. Nazeer appointed a three-member panel- spiritual guru Sri Sri Ravishankar and senior advocate Sriram Panchu as members and former judge of the Supreme Court of India FM. Kalifullah as the chairman - to mediate the Ayodhya dispute.

The parties must have voluntarily chosen an impartial judge for mediation. They must have agreed in advance to accept as final and binding the decision taken based on the merits of the case.

However, the standard method is ‘a panel comprising three impartial and intelligent men known for their probity and understanding, two to be chosen by the disputants, each having the choice of one and the third by those two. Three men thus chosen shall declare their decision. Such decision is to all intent and purpose to be as binding on the parties as if it had been given in the Supreme Court’.

In the present case, the court -despite a few letters- has imposed its panel on the disputants. It shows that the bench has an interest in the outcome. To do justice, the judges require a fairly strict minimum standard. Otherwise, they will not understand the utility of well-meant counsels

The Election Commission of India declared the General Election schedule on 7 March 2019. The announcement shows that the Supreme Court of India and the President of India ignored the demand of the present absent class citizen to defer the election.

The judges of the Supreme Court of India are expected to recognize the fundamental principles of the constitutional law such as those concerning the elections

The absent class citizens are prejudiced by the failure of the court to adjudicate 711 meritorious letters.

However, it is the duty of the present man to inform the judges as fully as possible about the issue they are expected to resolve.

Therefore, it is imperative that the present absent class citizen must carefully analyse and synthesize the important points of the letters and place them, once again, before the judges to arrive at the ultimate conclusion.

The newspapers had been publishing the views of the present man for nation building till 1996. For instance, The Indian Express published several letters. They suddenly stopped publishing letters. Therefore, letters were sent to the Prime Minister of India, chief ministers, national leaders, Members of Parliament, many members of State Assemblies. None revealed the contents to the people. This led to the realization that the Indians have no freedom of expression.

Thus, the present man approached the Supreme Court of India only after exhausting all methods for achieving freedom to Indians.

Everyone knows that the government cannot give employment to all and that private initiatives must be encouraged for the prosperity of the nation. This does not mean that Article 39 of the Constitution of India could be abridged by the government or by the courts.

Thus, as early as in 2001, the present man told the Supreme Court of India that it broke the Constitution of India from within by saying that policy decisions cannot be questioned by the court. The court should have adjudicated that letter because adjudication is justice. The unusual silence of the court proved that the Chief Justice of India stands for injustice and not for justice. Yet, the dominant theme is the Article 19 of the Constitution of India.

The judges of the Supreme Court take judicial notice of many widely known facts - private disputes and even family problems. The subject of these letters belongs to the general topic of judicial reasoning. But it involves a substantial question of law. The Constitution of India has delegated sufficient authority to the Supreme Court of India to remedy the grievances that involve broad question of policy or constitutional interpretation.  

The present man said that commonly accepted meaning or the ordinary dictionary meaning of the words - ‘democracy’ and ‘freedom of expression’ - must be taken. Then it was pointed out that the restrictive clauses cannot undo the main clauses.

The rich and the vociferous sections do not require the protection of the Supreme Court of India to seize power. They seize power using money power that includes their power to suppress the voice of the 1300 million absent class citizens. But the voiceless absent class citizens need the protection of the court to assert their constitutional rights.

But court does the opposite now. It shields the rich and deny the rights of the absent class citizens through its refusal to process the grievances. The people are being forced to elect the mediocrity if not the criminals. This affects the governance of the nation. The things that happened after the Pulwama attack is a quintessence for this.

The present absent class citizen tried his level best to be heard. The media disqualified everything. The present man  published his work through books. At least seven books deal with the rights, duties and responsibilities of the citizens, courts and the President of India. The books such as ‘The Pranab Effects’, ‘We Will Strange You’. ‘Chief Justice Rangan Gogoi’ are examples. But the rich and the powerful keep these books away from the eye of the people even in this electronic age.

The present man demanded the detention of the Union Cabinet Ministers. As they have violated the constitution of India for unjust enrichment, a penalty in the form of detention for four months prior to the election is a reasonable one. In the present situation, the ends of justice are defeated or unconscionably denied because they knowingly and repeatedly violated the constitutional provisions. The good faith of the Cabinet Ministers cannot be applied because the absent class citizens have suffered great loss from the violations of the Constitution.

The President of India has no authority to waive the strict performance of the Article 19 of the Constitution of India. He simply failed to realize the ramification of the of the Article 19 of the Constitution of India. Therefore, one would say that it is not the unilateral mistake of the Supreme Court of India but a mutual mistake of the Supreme Court of India and the President of India. They mutually dissipated the Constitutional benefits of the citizens. If it is due to their lack of understanding of the Constitution of India, they should not hesitate to take remedial measures now.

This is letter No.712

This letter is being submitted to the President of India. The same letter is sent to the Supreme Court of India also.

V. Sabarimuthu

India

17 – 3-2019