THE long arm of the law has apparently caught up with Anand Dighe, president of Shiv Sena, Thane district. A public interest litigation has been filed in the Supreme Court by Arvind Ghatpande, social worker from Pune, questioning the validity and functioning of the Grahak Sanrakshan Kaksha (consumer protection centre) headed by Dighe. The charge is of running a parallel court powered by money and muscle.
Ghatpande’s contention: "The running of this parallel court, supported by (Sena chief Bal) Thackeray, is challenging the supremacy of law. By undermining the rule of law, the whole judicial system will be paralysed. This is nothing but criminal contempt of the Supreme Court."
The exposure was courtesy Ram Pyare Singh, door-keeper at Pratap Cinema in Thane who refused to accept the brand of justice wielded by the Grahak Sanrakshan Kaksha. Singh invited the wrath of the Sanrakshan Kaksha when he refused to vacate the premises allegedly belonging to Chaturdhari Singh. A civil suit having being dismissed, Chaturdhari approached Dighe for ready-to-mete justice. An ‘adhikar patra’ was drawn out summoning Ram Pyare Singh to Dighe’s ‘court’ wherein he was not-so-subtly informed that the law would take its course, the one decided by Dighe.
Apparently, Ram Pyare Singh is not the only one at the receiving end. Records show that a 100 cases are registered at Dighe’s Sanrakshan Kaksha every day, 100 judgements delivered and about the same number are implemented. What goes unstated is that most of the cases pertain to financial and property matters, and judge-ments are delivered by Dighe’s handpicked honchos. The scales of justice are allegedly tilted to accommodate the highest bidder. "Dighe has no qualms about using force to enforce the rule of his law. He has admitted that in some cases it becomes imperative," says a social activist.
The summons, signed by Dighe himself, is perceived by most as a death warrant. Preceding his prediliction for dispensing justice is his reputation of being a law unto himself. An influential local Congressman requesting anonymity said: "Dighe is known for justice—rather for the violation of it. And he is running this court for more political than personal reasons. We do not want to make an issue out of it because after all, it does not have national significance."
It is an attitude adopted by law enforcers in Thane too. Ironically, the running of Dig-he’s ‘durbar’ occurs under the very nose of the police assigned to ensure the Sena leader’s protection. The office of O.P Bali, Thane police commissioner, preferred to remain tightlipped. "Is there a parallel court?" asked a senior official. "Why don’t you ask Dighe about it?"
Setback by a bad attack of malaria and the Ganesh festival, Dighe did not have the time nor the inclination to comment. However, he had earlier justified his version of the law saying that the people had lost faith in the legal procedure because they did not get justice for years together. An opinion seconded by Adhik Shirodkar, lawyer and Sena MP. "If the parallel courts are solving disputes in an amicable manner, there should be no grievance about it. For the people, anything is better than paying lawyers’ fees and then waiting inordinately for judgements to be passed. We have had lok panchayats long before they were sanctified by law and I think this is nothing but common panchayat raj," says Shirodkar.
Uddhav Thackeray, the Shiv Sena supremo’s son and himself a formidable youth leader avers that Dighe’s courtyard is the place for "normal disputes brought before the local shaka pramukhs. There is no force or compulsion involved and a decision is reached only if agreeable to both parties. Those who have had objections have already gone to the police. Beyond this, there’s nothing we can do about it."
However, Justice Hosbet Suresh (retd) overrules such statements. He points to the absence of a provision in the Constitution for private courts. "Arbitration committees function on the basis of voluntary consent. In this case, the threat is implicit in the summons which doubles up as a warrant. What is happening is not social service but a show of clout. This form of individual justice is nothing but tyranny."
So is Dighe one who dispenses justice or one who damns it? Depending on whether the stick being wielded is carrot-ended or not, opinions differ. What is alarming, however, is that a precedent may be set: that of seeking shortcuts with homespun laws. As a local put it: "Dighe has the law-keepers in his hands, so what is the big deal about taking the law into his hands as well." Nothing, but that the likes of Ram Pyare Singh have realised that courting justice in Thane is synonymous with courting trouble.
Tags