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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.

Crime

CBI court sentences former oriental insurance manager to 3-year jail in bribery case

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New Delhi, Nov 29: A special CBI court in Ahmedabad on Saturday sentenced former Senior Divisional Manager of Oriental Insurance Company Limited, Rajkot, Mahendra A. Loonker, to three years of rigorous imprisonment in a 13-year-old bribery case.

The court also imposed a fine of Rs 1 lakh on the former official.

According to the CBI press note, the case was registered on July 11, 2012, following a complaint by a partner of a private firm.

Loonker, then serving as Senior Divisional Manager at the insurance company’s Rajkot office, had allegedly demanded a bribe of Rs 15,000 to clear an accident insurance claim submitted by the complainant for an injured employee.

“CBI registered the instant case on July 11, 2012 against the accused person on allegations that accused Mahendra A Loonker, the then Sr. DM, Oriental Insurance Co. Ltd., Rajkot had demanded and accepted an illegal gratification of Rs 15,000 from the complainant, Partner of a private company in order to pass the Accident Insurance Claim filed by him regarding the accident and injury of his employee,” the CBI said.

CBI officials arrested Loonker the same day the FIR was filed, after he was found to have accepted the bribe.

Subsequent searches were carried out at his residence and office premises in Rajkot. Investigators later filed a chargesheet on December 3, 2012, against the accused for demanding and accepting illegal gratification and criminal misconduct committed by the accused public servant.

After examining the evidence and hearing arguments from both sides, the court held Loonker guilty and convicted him accordingly.

Meanwhile, the CBI Court in Vijayawada on Friday sentenced a former Railway official to one year of imprisonment in a nearly two-decade-old bribery case.

The court convicted Matta Dharma Rao, who was serving as Assistant Divisional Engineer with South Central Railway in Bhimavaram, West Godavari district, for demanding and accepting illegal gratification from a contractor.

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Crime

No firearms used in Bihar Deputy CM Sinha’s victory procession, clarify police

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Patna, Nov 29: A day after a purported video showed supporters using guns to fire in the air during the victory march of Bihar Deputy Chief Minister Vijay Kumar Sinha in Lakhisarai, Superintendent of Police Ajay Kumar on Saturday clarified that “firecracker guns, not firearms” were used in the celebratory firing.

Vijay Kumar Sinha, who has been elected from Lakhisarai for the fifth time, was welcomed by supporters in a grand procession.

The video circulating on social media alleged that supporters used firearms, triggering sharp criticism. However, the police investigation found the claims to be misleading.

According to SP Ajay Kumar, the device seen in the video was seized and examined by an armourer.

The probe confirmed that it was not a real rifle but a firecracker gun, a device commonly used for fireworks, bird-scaring, and to chase away nilgai and boars that damage crops in the region.

“It poses no threat to life or property,” the SP said.

Locals said that such devices are traditionally used in weddings, festivals, and celebrations involving the fulfilment of vows. After verifying their statements, police released the two youths seen handling the device in the video.

The Superintendent of Police urged the public to verify the authenticity of any video or claim before sharing it online, cautioning against the spread of misinformation.

He reiterated that the firing involved only a firecracker containing gunpowder, not a live bullet.

Following the viral video, RJD leaders were quick to target the Deputy Chief Minister.

From the party’s official X handle, RJD posted, “Fire the bullet, show the double-barrelled gun, intimidate the public – the government of loud speeches has arrived. Now for five years, keep listening to sermons based on stories from 25–30 years ago, because this government is capable of nothing more than this.”

RJD spokesperson Ejaz Ahmed also criticised the administration, saying, “The gunfire that greeted Deputy Chief Minister Vijay Sinha shows the true state of affairs in Bihar. While the Home Minister talks about expelling crime and criminals, the government must clarify what action will be taken against those who created fear among the public with such firing.”

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Mumbai Press Exclusive News

Jogeshwari POCSO case: Accused out on bail arrested again

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Mumbai: A fugitive accused involved in the Mumbai Pisco case has been arrested again by the Jogeshwari police after 6 years. In Jogeshwari, Mumbai, accused Pankaj Panchal, 27, was arrested in 2019 in the Pisco child abuse and exploitation case and was on bail but was absent from court proceedings and had been hiding his identity for the last 6 years. The police received information that the accused had come near the SRA building, on which the police laid a trap and succeeded in arresting the accused from Jogeshwari. The court had also issued a non-bailable warrant against him, after which the police complied with it and arrested him and presented him in the court and the court has sent him on remand. The police are investigating further. This information has been given by DCP Datta Nalawade of Mumbai Police Zone 10.

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