Lynchings: Tackling the Savages

Killing spree Incidents of killings, mob-lynching and assaults by cow vigilantes have shamed India over the past three years. An India­spend.com analysis shows that Muslims were the targets of 51 percent of violent incidents concerning cattle from 2010-2017. Of the 28 people killed in 63 such incidents, 24 were Muslims. Almost 97 percent of these incidents happened in the last three years under the watch of the present NDA government. Over 50 per cent of these attacks took place in BJP-ruled Rajasthan, Gujarat, Jharkhand, MP and UP. July 13, 2018: Mohammad Azam, a 32-year-old IT professional was lynched in Bidar, Karnataka, on suspicion of being a child-lifter. The police managed to save four other victims from the mob of over 2,000. June 26, 2018: Five men from the nomadic Gosavi tribe were lynched in Dhule, Maharashtra, on suspicion of being child-lifters. June 8, 2018: Two men on vacation were lynched in Karbi Anglong, Assam, on suspicion of being child-lifters. May 23, 2018: In Bengaluru, a man from Rajasthan was tied to a vehicle, dragged on the road and beaten with sticks on suspicion of being a child-lifter. He succumbed to his injuries. June 22, 2017: Hafiz Junaid, 15, his brother Hasim and two cousins were stabbed multiple times by a group of men on a Ballabhgarh-bound passenger train.…
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COURT STANDS UP TO MOBOCRACY

Above: Muslims protesting against mob lynching in Ahmedabad/Photo: UNI ~By Inderjit Badhwar We return, again, on this page, and in our cover story—and we shall do so repeatedly as and when the occasion demands—to what has become the most perilous threat to democracy, the Constitution, the Rule of Law, to humanity, to religion, to the social order—indeed to the very concept of what historian AL Basham called, “The Wonder That Was India”: the proliferation of the murderous mob culture as an instrument of state policy. A complicit, stand-by-and-watch state in mass lynchings organised to create political terror or fan religious hatred is not a state at all. It is, in effect, the most diabolical state of nature in which man walked not free and uninhibited but cowered in fear of an existence that was, in the words of Thomas Hobbes, “nasty, brutish, and short”. The rule of the lynch mob is the very anti-thesis of law, of civilisation. I cannot for the life of me figure out why, for its glory, pomp and grandeur, the Roman Empire was called a “civilisation”. Only because it had a “democratic” Senate, built coliseums, created a framework of jurisprudence? Actually, an empire that thrived on mass slavery, whose emperors could teach modern fascist dictators a lesson or two in cruelty, which fed Christians to the lions, feasted on blood and gore as gladiators pummelled one another to shreds before deliriously cheering crowds, was the epitome of barbarianism.…
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Section 3(4) of National Security Act, 1980 does not allow laxity in reporting the detention to the State Government: SC

Supreme Court: The Full Court comprising of CJI Dipak Misra, AM KHanwilkar and DY Chandrachud JJ., allowed an appeal by setting aside the order of the Manipur High Court. The present matter dealt with the essence of Section 3(4) of the National Security Act, 1980, specifically the meaning of ‘forthwith’ in the said provision. The appellant challenged the order of preventive detention as the detaining authority violated the provision of Section 3(4) of the NSA, 1980. He contended that the District Magistrate had failed to report the State Government ‘forthwith’ his report of detention under the said provision of NSA, 1980, as the district magistrate reported it to the government after a lapse of 5 days. Therefore, on careful consideration of the facts and circumstances of the case, the Supreme Court found that the report to the state government was sent after 5 days for which no reason was stated causing the order to be vitiated. Supreme Court relied on the case S.K. Salim v State of West Bengal, (1975) 1 SCC 653 for emphasising the interpretation of laws of preventive detention along with the point that the report to be sent under Section 3(4) should not carry any laxity with it in reporting to the Government.…
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Ayodhya land dispute: SC reserves judgment on whether case should go to larger bench

The Supreme Court bench of Chief Justice Dipak Misra and Justices Ashok Bhushan and S Abdul Nazeer on Friday (July 20) completed its hearing on the Ayodhya land case can reserved its judgment on the issue of handing the case over to a larger bench as has been demanded by counsels. Arguments today concentrated on details. One advocate asked senior advocate Rajeev Dhavan why he was terming Hindus as Talibanis. To this Dhavan said: “I stand by my statement.” The court reminded Dhavan “you have to use appropriate language.” At this Dhavan said: “I disagree with the court’s observation and this doesn’t amount any contempt, because it is my right to disagree.” The court said: “you start your argument.” Dhawan said: “Ok.” He referred to the Mathura Prasad judgment and also to the Gopa Prasad case. He said: “Our’s is a question of pure law and facts on actual materials.” Then he read the high court judgment on Ayodhya matter. He said: “I have only concern. In the jurisprudence of the court, who has the fundamental right to preach under article 25? The statement of paragraph 51 of the judgment is not in the context, because you cannot compare the two.…
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Ram Mandir Babri Masjid | SC reserves order on whether the ‘Ayodhya matter’ be referred to Constitution Bench

Supreme Court: The 3-Judge Bench comprising of CJI Dipak Misra, Ashok Bhushan, and S. Abdul Nazeer JJ., continued with the proceedings on the Ayodhya dispute. The hearing held last on 13-07-2018 brought the sparks in today’s proceedings as well, as C.S Vaidynathan representing the Ram temple objected on Rajeev Dhavan using the word ‘Hindu Taliban’ for the people who demolished Babri Masjid during his arguments. Rajeev Dhavan in today’s hearing stated that ‘Yes those who brought down mosque acted like Taliban, I stand by my words’. CJI Dipak Misra: Maintain the decorum of the Court. ‘Such adjectives should not be used inside the Court room’. Rajeev Dhavan while continuing with his arguments stated that ‘Mosque was there since 1526 until it was destroyed in the year 1992. There was no temple, Hindus were just given the right o worship there. He further discussed ‘particular significance’ and ‘comparative significance’ on Essential Religious Practices Test. Supreme Court reserved its order on the point whether the matter should be referred to the Constitution Bench or not. [Source: https://twitter.com/clprscobserver] Tweet The post Ram Mandir Babri Masjid | SC reserves order on whether the ‘Ayodhya matter’ be referred to Constitution Bench appeared first on SCC Blog.…
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SC Collegium sends back names of Justices Joseph, Bose for elevation

Above: (Left) Justice K M Joseph and Justice Anirudha Bose The Supreme Court Collegium on Friday (July 20) took a strong stance and returned to the Centre its earlier recommendations on judge postings. Chief among the names returned for reconsideration were that of Uttarakhand high Court Chief Justice K M Joseph (for elevation to the top court) and Justice Aniruddha Bose of the Calcutta High Court, for elevation as Chief Justice of the Delhi High Court. The two names, among others, had been returned with objections by the Centre. On Justice Joseph, a judge who had defied the Centre and nullified President’s rule in that state, the Centre had given a reason of him being junior and coming from the same parent high court as others already in the top court. Regarding Justice Bose, apart from the regional angle, the “junior” angle was also flaunted by the Centre. Technically, as per tradition and established norms, once the Collegium sends back its recommendations the Centre is bound to accept it. The decision was taken by the Collegium on Friday afternoon. Other decision reiterated were the recommendations of Orissa High Court Chief Justice Vineet Saran and Madras High Court Chief Justice Indira Banerjee to the Supreme Court.…
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Custodial death in the Kotkhai rape-murder case: SC refuses bail to accused as CBI is yet to frame charges against the accused

The apex court on Friday (July 20) said that bail can’t be granted to former IGP Zahur Haidar Zaidi  (petitioner) and former Shimla SP DW Negi, both accused in the custodial death of Suraj Singh in the Kotkhai rape-murder case after being informed that CBI is yet to frame charges against the accused. During today’s hearing, the CBI’s counsel ASG Tushar Mehta informed the bench comprising of CJI Dipak Misra and Justices AM Khanwilkar, DY Chandrachud that Zaidi was not cooperating in the framing of charges. And once they do it, the investigation can be proceeded with. Mehta further informed the bench that July 24 has been fixed as the date for the framing of charges. The next hearing has been fixed in the second week of August. The bench was hearing the plea filed by former IGP Zahur Haidar Zaidi against the January 19 order of the Himachal Pradesh High Court dismissing his bail plea in respect of the custodial death of an accused in the 2017 case of gang-rape and murder of a minor schoolgirl in Kotkhai. —India Legal Bureau…
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Centre seeks 3 weeks’ time to respond to the pleas by crypto exchanges, challenging RBI order ceasing cryptocurrency transactions

The Centre on Friday (July 20) sought three weeks time from the top court to file replies to the pleas by crypto exchanges, challenging RBI order ceasing cryptocurrency transactions by banks as well as transfer petitions regarding the same. During the course of proceedings, Senior Advocate Gopal Subramaniam appearing for crypto exchanges said to the bench comprising CJI Dipak Misra and Justices AM Khanwilkar and DY Chandrachud that RBI order banning bitcoin as a legal tender doesn’t behove well in the era of digitilisation. The matter has been listed to September 11, 2018. India Legal had done a cover story titled The Great Bitcoin Scam unraveling an elaborate scam in Gujarat involving the bitcoins where Rs 88,000 crores was siphoned off from gullible investors. —India Legal Bureau…
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Sealing of illegal structures in Delhi to resume: SC

Supreme Court: The Division Bench comprising of Madan B Lokur and Deepak Gupta JJ., ordered to resume with the sealing of illegal structures in Delhi by modifying the show cause period to 48 hours from 7 days. The sealing drive was said to be obstructed by Mukesh Suryan the Najafgarh Zone Committee chairman who was alleged to interfere and prevent the sealing drive by civic authorities under the supervision of the Supreme Court appointed monitoring committee. A prominent development that has been incorporated in the office memorandum which was issued on May 23rd by the Ministry of Housing and Urban Affairs which states that the builder, contractor and architect of illegal structures be not only penalised but also blacklisted for any future work. The Supreme Court also directed the Delhi police to provide adequate protection to officials being engaged in the sealing drive. [Source: The Times of India] Tweet The post Sealing of illegal structures in Delhi to resume: SC appeared first on SCC Blog.…
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[Day-3]  Sabarimala Temple| Women believe in Sabarimala Temple, it is a devotion that makes a devotee visit a temple: SC

Supreme Court: The 5-Judge Constitution Bench comprising of CJI Dipak Misra, Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra JJ., resumed with the third day of the proceedings on the ‘Sabarimala Temple’ hearing. Amicus Curiae Raju Ramachandran resumed with his arguments by referring to Constitutional assembly debates on ‘Untouchability’. CJI Dipak Misra: Untouchability has its own connotation. Further, the Bench did not seem to be inclined to go into the argument of untouchability. Raju Ramachandran also submitted that the exclusion of women is based on ‘purity’. Raju Ramachandran: Men who visit the temple have to perform a 41-day penance. As per the judgment, women cannot perform the same due to certain reasons. That reason is impurity arising out of menstrual period. CJI stated that whatever Jaideep Gupta (appearing for the State of Kerala) submits would be treated as the final stand of Kerala Government. Jaideep Gupta in support of State of Kerala stated that ‘restriction on women’s entry is a lifetime bar’. He also continued with his argument by stating that ‘Untouchability was practice based on caste. The further creativity of untouchability may give rise to many consequences.’ Abhishek Manu Singhvi commenced his argument for Devaswom Board. He argued that ‘There is no gender discrimination; Sabarimala Temple is a peculiar one’.…
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HC cannot interfere in administrative decision of dealership termination by Indian Oil Corporation: SC

Supreme Court: Abhay Manohar Sapre, J. speaking for himself and Uday U. Lalit, J. allowed the appeal filed by Indian Oil Corpn. against the judgment passed by the Madras High Court whereby the appellant was directed to resume the fuel supply to respondent’s fuel station. The parties entered into a dealership agreement whereunder the appellant was to supply fuel to the respondent. Subsequently, on inspection, the totaliser seal was found to be missing. Based on such deficiency the dealership agreement was terminated by the appellant. The respondent made a representation to the appellant against the termination which was rejected. The said decision was upheld by a Single Judge of Madras High Court. However, the Division Bench allowed the appeal of the respondent filed thereagainst and directed the appellant to resume the supply of fuel to the respondent. The instant appeal was filed against this judgment. The Supreme Court, after considering the decisions of the lower court, held that the Division Bench ought not to have interfered with the decision of the Single Judge. The reasoning of the Single Judge were found correct by the Court. It was noted that the termination of dealership agreement was an administrative function of the appellant.…
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Women entry into Sabarimala temple: CJI says women have the right to go anywhere they like; you must justify why if you debar them

While hearing arguments on the PIL against the ban of entry of women aged 10 to 50 into the Sabarimala Ayyappa temple in Kerala, Chief Justice Dipak Misra made it clear on Thursday (July 19) that women “can go anywhere they want to.” He said women’s “choice can be unlimited. Once you say you cannot enter a particular place, you must justify the non entrance rationally.” That would possibly form the plinth of the notion that the Supreme Court would hold on the subject while its constitution bench of CJI Misra and Justices Rohinton Fali Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra hears the case. Today, senior counsel Raju Ramachandran continued with his submissions and said: “The duty is upon the prosecution to prove if a person belongs to a scheduled caste or not. In the absence of a straight jacket definition, it is the duty of this court to give an expansive definition and widen the scope of article 21 & 17. “The basis of untouchability and excluding the same lies within the exclusion of a woman through menarche,” he said. “This menarche is constituting pollution and impurity, will signify exclusion of Dalits as well.” Ramachandran said: “During the 41 days period, a woman becomes ‘impure’ for 3-4 days during her menarche.…
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