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‘Stretching it too much’, SC on hate speech claims against Madras HC judge appointment

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 The Supreme Court on Tuesday said it has a fairly robust scrutiny process and petitioners may be stretching it too much, as their counsel questioned the recommendation to appoint Lekshmana Chandra Victoria Gowri as an additional judge of the Madras High Court by saying that her “views are antithetical to the values of the Constitution, it is hate speech pure and simple”.

A bench comprising Justices Sanjeev Khanna and B.R. Gavai told senior advocate Raju Ramachandran, representing the petitioners, that there is a difference between eligibility and suitability, as far as suitability is concerned one can say it can be made subject matter of writ petition, and the aspect of eligibility is the only issue as required under the Constitution.

Ramachandran said a person, who is not in sync with the ideals of the Constitution or basic principles of the Constitution, is unfit to take the oath. He added that Gowri has rendered herself as incapable of taking oath by her own public utterances.

Gowri was administered the oath of office during the hearing before the top court.

The bench said there have been cases when people of political background have taken oath over here as judges of the Supreme Court and the high court. “You placed on record utterances of 2018 and we have seen it, and it must have been placed before the collegium…,” it added.

Justice Gavai said when collegium takes a decision, it also takes the opinion of consultee judges who have come from that particular high court and you cannot assume that judges of the particular high court are also not aware of all these things.

Ramachandran said the consultee judges may not be aware of social media posts and cannot presume every judge reads every tweet in public domain.

Justice Gavai said, “We have also been consultee judges and when we give our opinion it is based on all the factors…I also have a political background and I have been a judge for the last 20 years. I do not think my political views at any point of time have come in the way…”

Emphasizing that he is not on the aspect of political background, Ramachandran said political background brings a totally new element into judicial discourse, and added that judges can be of conservative or radical persuasion which adds to the richness of judicial discourse. “It is hate speech, you may be a member of the party…hate speech runs antithetical to the basic tenets of the Constitution, renders you unfit to take the oath…,” said Ramachandran.

The bench replied that “for us to go into all these aspects of suitability, merit or selection process would be like opening a new jurisdiction, which we have always refrained from doing.”

Ramachandran said her views are antithetical to the values of the Constitution, it is hate speech pure and simple and therefore, it is a clear case of ineligibility. “That will be stretching it too much, if the facts are known to the collegium, they must have examined it…facts not known, that it is not possible you cannot say that issues, background of the person were not known,” said Justice Khanna.

The bench said, “This is an aspect related to more suitability of the person, and not about the eligibility of the person…we can’t direct the collegium to reconsidera.”

There is a certain threshold of requirements, the collegium was stymied as certain information, we assume, were not put before it in view of an open court statement by the Chief Justice of India D.Y. Chandrachud on Monday, Raju said.

“We have a fairly robust scrutiny process…assuming collegium may have not taken into consideration…,” said Justice Khanna.

Senior advocate Anand Grover, also representing the petitioners, said her views are extreme in nature making her ex facie ineligible to be judge. “We would be setting up a very wrong precedent, if we entertain the plea,” the bench said.

Senior advocate Manan Kumar Mishra submitted that there has been no complaint against her by the Tamil Nadu State Bar Council.

The court also noted that she has been appointed as additional judge only and there have been instances where the candidates have not been made permanent in view of inadequacies of performance. “We are not entertaining the petitions, the reasons will follow,” the bench said, after hearing detailed arguments.

The top court order came on petitions filed by Anna Mathew, R. Vaigai, and others challenging Gowri’s appointment as an additional judge of the Madras High Court.

The Supreme Court collegium on January 17 had proposed the elevation of advocate Lekshmana Chandra Victoria Gowri as judge of the Madras High Court.

A group of Madras High Court lawyers have opposed Gowri’s proposed appointment after reports emerged about her affiliation to the BJP and also certain alleged statements about Muslims and Christians, including ‘Love Jihad’ and illegal conversion.

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Ugly Fight Breaks Out Between 2 Groups Of Women As They Hit Each Other With Sticks Over Playing Music In UP’s Baghpat

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A dispute over a seemingly trivial matter escalated into a chaotic clash between two groups of women in Uttar Pradesh’s Doghat on Thursday. 

As per reports, the altercation began over playing music but tensions in the area quickly intensified when two groups of women started thrashing each other with sticks and other objects. 

A video of the incident, which has gone viral on social media, shows around eight to ten women involved in a fierce brawl on a busy street. Bystanders can be seen watching in shock, with some attempting to intervene but retreating due to the intensity of the fight.

Several women were injured in the confrontation, and the footage has sparked outrage on social media. 

Reports suggest that local residents eventually managed to de-escalate the situation, but not before multiple women sustained injuries. 

Doghat police have initiated an investigation based on the video. As per reports, they are currently examining the video footage, and appropriate action will be taken following the investigation.

UP: Two burnt alive in truck collision in Fatehpur

Meanwhile, in a separate incident, a truck driver and his helper were burnt alive when two trucks collided and caught fire in the Hussainganj area of Uttar Pradesh’s Fatehpur district, police said on Thursday.

The incident occurred around midnight on Wednesday on the Fatehpur-Lucknow road, Additional SP Vijay Shankar Mishra said.

Vinay Shukla (35), the driver of one of the trucks, and his helper, Ramraj Yadav (23), were burnt alive in the blaze. The occupants of the other truck managed to jump out before the fire spread, Mishra added.

Both victims were residents of Kherwa village in the Shivratanganj police station area of Amethi district. Their bodies have been sent for postmortem, Mishra said.

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National News

J&K Assembly: Scuffle Breaks Out After Engineer Rashid’s Brother Shows Article 370 Banner In House

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J&K Assembly: Scuffle Breaks Out After Engineer Rashid's Brother Shows Article 370 Banner In House

Srinagar: The proceedings of the Jammu and Kashmir Assembly were disrupted after a scuffle broke out in the House between National Conference and BJP MLAs.

According to reports, the House proceedings were briefly adjourned after Engineer Rashid’s brother, MLA Khurshid Ahmad Sheikh, displayed a banner about Article 370, which led to objections from BJP MLA Sunil Sharma.

Irfan Hafeez Lone displayed a banner on the restoration of Article 370 in the J&K Assembly. After a scuffle between Lone and BJP members, the House proceedings were adjourned for 15 minutes. BJP raised concerns over security, questioning how such actions were allowed.

Leader of the Opposition, Sunil Sharma, stated that under special status, some had built their own “palaces” and even cemeteries. This provoked anger from National Conference (NC) leaders. BJP members began chanting slogans in the House, while NC leaders also responded with their own slogans. The visuals of the incident have surfaced on the internet.

In the viral video, the lawmakers can be seen pushing each other on the floor of the house.

After the House resumed following the scuffle, several opposition MLAs causing disruption were physically removed by marshals and evicted from the Assembly.

Meanwhile, PDP moves a fresh resolution in the Jammu and Kashmir Assembly seeking the restoration of Articles 370 and 35A. The BJP opposed the resolution demanding its withdrawal.

Amid uproar, the Jammu and Kashmir assembly has been adjourned till Friday. The UT assembly on Wednesday passed a resolution seeking a dialogue for “restoration of special status and constitutional guarantees” to the Jammu and Kashmir. The resolution was supported by all parties except the BJP.

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National News

J&K: One Terrorist Killed During Encounter In Bandipora’s Kaitsan, Operation Underway

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Bandipora (Jammu and Kashmir): Security forces have eliminated one terrorist in the ongoing Operation Kaitsan in Bandipora, the Army officials said on Wednesday.

According to Army officials, further operation is in progress.

“OP Kaitsan, Bandipora. One terrorist has been eliminated by the security forces in the ongoing Operation. Operation is in progress,” Indian Army’s Chinar Corps said on X.

Earlier on Tuesday, a joint operation was launched by the Indian Army, Jammu & Kashmir Police, and CRPF in the general area of Chuntawadi Kaitsan, Bandipora after an encounter broke out between Security Forces and terrorists.

“Based on specific intelligence input regarding the presence of terrorists in the general area of Kaitsan forest, a joint operation was launched by the Indian Army, Jammu & Kashmir Police, and CRPF in the general area of Chuntawadi Kaitsan, Bandipora. Contact was established and a firefight ensued. Operation is in progress,” Chinar Corps, Indian Army said on X.

One Terrorist Associate Apprehended

In another development on Tuesday, Jammu and Kashmir police along with 22RR and 92 BN of the Central Reserve Police Force (CRPF) apprehended one terrorist associate identified as Ashiq Hussain Wani who is a resident of Tujar Shareef in J-K’s Sopore, said police.

On November 3, twelve people, including one woman, were injured in a grenade attack at the Tourist Reception Centre (TRC) and weekly market in Jammu and Kashmir’s Srinagar on Sunday, police said.

On November 2, two terrorists were killed by security forces during an encounter in Jammu and Kashmir’s Anantnag district. The encounter broke out after security forces initiated an anti-terrorist operation in the Halkan Gali area.

On October 29, the security forces neutralised three terrorists in a high-stakes encounter in Akhnoor, Jammu, and Kashmir, following an attack on an Army convoy.

On October 20, a doctor and six construction workers were killed when terrorists attacked a tunnel construction site on the Srinagar-Leh national highway in the Ganderbal district.

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