Shifting the goal post on Shri Narendra Modi..

The much anticipated summons from the Supreme Court appointed Special Investigation Team, SIT have finally arrived and since than has been the talk of town’s gossip circuit.
As anticipated, the summons have sent the Indian Media on a circus, making it tough to tell noise from the substance.
An upcoming op-ed by Siddhartha Varadrajan stands out for a variety of reasons.
It is low on histrionics and hyperbole while being quite serious, cut and dry about the case being made against Shri Modiji. Mr. Varadrajan reminds that the case is specific to the complaint made by Zakia Jafferi, on the allegations of acts of commission and commission by the C.M. and the other holding office in connection with the 2002 riots.
It was however interesting to note that Mr. Varadrajan has shifted the legal goal goal post for Shri Modiji without quite acknowledging the same.
Mr. Varadrajanhas shifted the legal goal post for Shri Modiji without quite acknowledging the same.
Mr. Varadrajan does so by citing citing tenets of International law while at the same time admitting that
AS STAKE IS NOT SO MUCH THE INDIVIDUAL GUILT OR INNOCENCE OF SHRI MODIJI BUT THE NEED TO UNEARTH AND DISMANTLE A SYSTEM OF RULE WHICH COULD ALLOW NEARLY 2,000 INNOCENT PEOPLE TO BE MASSACRED.
While Mr. Varadrajan , acknowledges that
THOUGH THE INDIAN PENAL CODE DOES NOT CLEARLY DEFINE IT.
Mr. Varadrajan goes on to make a case for why the Indian Supreme Court, must in his words, use.
THE OPPORTUNITY TO PASS JUDGEMENT ON HIM BY BRINGING INDIAN LEGAL PRACTICE IN LINE WITH CUSTOMARY INTERNATIONAL NORMS.
It is interesting that Mr. Varadrajan, cleverly ignores to tell us that the said International norms are based on..
1.”ROME STATUTE” to which India is not even signatory.
2.Indian Parliament has passed no law, to date, to even recognize the jurisdiction of the International of the international Criminal Court that is based on this Statute.
So, even before the SIT has quizzed that Shri Modiji Mr. Varadrajan has come to the conclusion that..


1.It is very unlikely that a case can be made within the Indian Penal Code, as recognized by the Indian Constitution.
2.Indian Supreme Court must nevertheless go ahead and convict him, based on laws that do not exist within the constitution.
3.And that to do so the Supreme Court must sub-ordinate the Indian Parliament.
To go to such lengths and to suggest that laws that do not exist in India, courts that are not recognized by India must be brought into the picture while sub-ordinating the parliaments, reflects deep prejudice and bias, without even the basic courtesy of being “presumed innocent until proven guilty.”
A good discussion on the evolution of Doctrine of Command Responsibilities are found here.
A cursory reading of the ROME STATUTE, makes it clear that the definition of Genocide and Crimes against Humanity are so broad, that every communal riot and Terrorist Attack in India, can be described as such.
Applying this doctrine to Civilian Leaders for every such act would practically render the Indian system of Governance and Justice Delivery System redundant and irrelevant.
3.Such a mis-application would open the door for all kinds of frivolous and politically motivated lawsuits.
Let the Rule as defined by the Indian Penal Code within the Indian Constitution, takes its course on Shri Narendra Modi.