Chapter 3: Our Responsibility Is Tremendous
What kind of democracy is this?
And you are perfectly aware that “National Security” is nothing but another name for Emergency. Just by changing names, who does the government want to deceive? They don’t even pronounce the whole name, National Security Act, they call it only “N.S.A.” - not to make people aware that side by side with the common law of the country there exists a higher power which is beyond the scope of the common law.
Just in this case of Kehar Singh’s hanging.. His son was absolutely certain that he was innocent, and the government had failed to provide any evidence. The son was working in the secretariat of the government itself, in the Central Government in New Delhi. He asked for leave to help the attorneys who were trying to save his innocent father. Rather than giving him leave, they put him - under National Security - into jail. He could not support the attorneys in saving his father - and there is no recourse, no appeal, nothing can be done; it is beyond law.
And, Nani Palkhiwala, you still call this country a democracy? What was wrong in asking for leave when his father was being hanged? In what way was he going against national security? To protect one’s father who is innocent, to help the attorneys in the courts is going against national security? Then anything can be called “against national security.”
Unless the National Security Act is dissolved, this country is no more a democracy.
But a man in every way intelligent seems to be completely ignoring the facts, talking in beautiful words.
With the death of Kehar Singh, a great darkness has descended over the country. One does not know whether this darkness will ever end.
I want Nani Palkhiwala to come forward. He is one of the men who can challenge the government: that there is no need of any other law in the hands of the government when the common law is sufficient. For what do all these courts exist?
A democracy has some meaning. It is based in the freedom of the individual, in the freedom of speech. But when there exists a power in the hands of the government which is beyond law, it should be called by its proper name. It becomes a dictatorship, it is no more a democracy.
And if persons like Nani Palkhiwala cannot come out with the truth before the public, then who is going to do this job?
Kehar Singh’s son was released, because they had to release him. He had not committed any crime, he had just asked for leave - which is everybody’s right, and particularly in a situation where his innocent father was going to be hanged. The young man has been running with the chief attorney, Ram Jethmalani, carrying all his files from court to court - absolutely certain.