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Saturday,13-August-2022

National News

Nupur Sharma case: Retired judges, bureaucrats term SC observations ‘unfortunate, unprecedented’

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A group consisting of 15 retired judges of various high courts, 77 retired bureaucrats and 25 retired armed forces officers have issued an open statement saying that ‘unfortunate and unprecedented comments’ were made by a two-judge bench of the Supreme Court comprising Justices Surya Kant and Justice J.B. Pardiwala, while hearing a petition by former BJP spokesperson Nupur Sharma, which has sent shockwaves in the country and outside.

The statement said the observations, simultaneously relayed by all news channels in high decibel, are not in sync with judicial ethos and by no stretch these observations, which are not part of the judicial order, can be sanctified on the plank of judicial propriety and fairness.

“Such outrageous transgressions are without parallel in the annals of judiciary. Nupur Sharma sought access to the justice system before the highest court as that court alone could consider grant of relief being sought. The observations that have no connect jurisprudentially with the issue raised in the petition, transgressed in an unprecedented manner all canons of dispensation of justice,” said the statement.

It added that such observation, perceptionally there is virtual exoneration of the dastardliest beheading at Udaipur in broad daylight. “The observations also graduate to the most unjustifiable degree that this was only to fan an agenda… In the annals of judiciary, the unfortunate comments have no parallel and are an indelible scar on the justice system of the largest democracy,” said the three-page open statement.

The officers’ said Sharma was de facto denied access to the judiciary and in the process, there was an outrage on the Preamble, spirit and essence of the Constitution.

“The observations, judgmental in nature, on issues not before the court, are crucification of the essence and spirit of the Indian Constitution. Forcing a petitioner by such damning observations, pronouncing her guilty without trial, and denial of access to justice on issue raised in the petition, can never be a facet of a democratic society”, added the statement. Sharma had moved the top court seeking clubbing of FIRs, registered in various parts of the country, into one FIR at Delhi in the matter connected with her remarks against the Prophet Muhammed.

The statement said the allegations constitute only one offence for which separate prosecutions (FIRs) were launched and Article 20 (2) of the Constitution prohibits prosecution and punishment more than once for the same offence. “Article 20 falls under Part III of the Constitution and is a guaranteed fundamental right. The Supreme Court in a number of cases including Arnab Goswamy vs. Union of India (2020) and T.T. Anthony vs. State of Kerala clearly laid down the law that there can be no second FIR and consequently there can be no fresh investigation in respect to the second FIR on the same issue. Such an action is violative of fundamental rights as guaranteed under Article 20(2) of the Constitution”, it said.

“Such an approach of the Supreme Court deserves no applause and impacts the very sanctity and honour of the highest court of land”, it added.

The coordinators are Justice P.N. Ravindran former judge of Kerala High Court, and Anand Bose, former chief secretary, Kerala

National News

The poet who first called for complete independence, coined ‘Inquilab Zindabad’

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 Syed Fazal-ul-Hasan, popularly known as Hasrat Mohani was born in 1875 in Mohan, a town in Unnao district of the United Provinces of British India. He proposed complete independence for the first time before the Congress in 1921. He also proposed the abolition of foreign goods, the idea which Gandhiji later developed into a movement.

Hasrat was his pen name under which he wrote Urdu poetry and his last name ‘Mohani’ refers to his birthplace Mohan. Hasrat Mohani received his initial education at home and earned his BA degree from Aligarh in 1903.

In 1904, Hasrat Mohani joined Indian National Congress and joined the national movement. In 1905, he also took part in the Swadeshi Tehreek run by Bal Gangadhar Tilak.

He was an active participant in the Khilafat movement of 1919. In 1921, he coined the slogan “Inquilab Zindabad”, and went on to participated in the Ahmedabad session of the Congress in the same year. The phrase “Inquilab Zindabad” was later popularised by Bhagat Singh.

Professor Ajay Tiwari, who retired from Delhi University, said: “Hasrat Mohani had proposed complete independence for the first time in the Congress in 1921, which was opposed by Mahatma Gandhi. The two were friends but there was also an ideological conflict between them. When Mahatma Gandhi started the Khaddar (Khadi) movement, Mohani opposed it. He believed that the indigenous industry would be ruined and the workers would be punished.”

When Mohani proposed to boycott foreign goods, Gandhiji eventually accepted the idea and 10 years later, the Swadeshi movement began. Gandhi mentioned this in his autobiography that due to Mohani’s insistence, he was “compelled”. He wrote: “I was compelled to include the non-cooperation movement in the Swadeshi movement.”

It is said about Hasrat Mohani that, when he went to study in Aligarh, he did not wear the kind of pajamas people there popularly wore, he used to wear a normal kurta and carried a paan daan with him and wrote poetry. The orthodox people of Aligarh were annoyed by his dressing and the way he walked.

Mohani came out with a newspaper (Urdu-e-Mualla) that he used for furthering the cause of freedom. This angered the British who imposed a fine of Rs. 3,000.

When Mohani got his property assessed to pay the fine, his possessions summed up to a value of 50 Rupees. Because of this he went to jail. After being released from jail, he kept writing against the British and was imprisoned repeatedly.

Hasrat Mohani opposed fundamentalists, irrespective of their religion. He was secular and such people were few in the freedom movement. While living in Aligarh, he opposed the ideas of Sir Syed. This was no minor thing.

When the Constituent Assembly of India was formed in 1946, he was elected as a member from the state of Uttar Pradesh. He opposed the partition of India in 1947 and preferred to stay in India.

Maulana Hasrat Mohani died on 13 May 1951 in Lucknow.

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AAP emerging as possible headache for both BJP, Cong in MP

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 The Madhya Pradesh Assembly elections, to be held next year, are expected to be very interesting as there is a possibility of a close contest between the two major parties, the BJP and the Congress.

However, it is the emergence of the Aam Aadmi Party (AAP) which could be worrisome for both the parties.

There has always been a possibility of the BJP’s vote share getting shifted towards other political parties in the state. In the previous Assembly polls as well, candidates of the Gondwana Party, Samajwadi Party, Bahujan Samaj Party, Bharatiya Janshakti Party and Ajay Bharat Party have won.

But eventually, the strength of these third parties weakened. However, it is the Arvind Kejriwal-led AAP which is now considered as a new player in Madhya Pradesh, after it made a splash in the urban local body polls.

In Singrauli Municipal Corporation, AAP’s mayor and 40 councillors were elected, which, in terms of numbers, may be small but has helped the party mark its emergence in the state.

In the 2018 Assembly elections, 114 candidates of the Congress were elected, while 109 BJP candidates won. However, the Congress government lasted for only a year and a half, due to the defection of MLAs, after which, the BJP returned to power.

In the urban body elections, the Congress got 5 mayors while the BJP had nine, which points towards Madhya Pradesh witnessing one of its most interesting Assembly polls in 2023.

The AAP has also started preparing for the election. It is currently doing volunteer mapping and is trying to have volunteers in every village.

Presently, the AAP’s emphasis is on proper organisation at the grassroots level, after which it will increase its political activities rapidly. Currently, the party is also excited about its big initial success in the urban body elections.

Senior AAP leader Akshay Hunka said that his party will fight the upcoming Assembly elections with full preparation and strength.

Political analysts believe that the entry of the AAP into the electoral fray will prove to be troublesome for both the BJP and the Congress, as there will be dissatisfaction among both the parties and the number of rebels will be more than in the last elections.

These rebels from both the parties could be fielded as AAP candidates which could be worrisome for both the Congress and the BJP.

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Mohan Bhagwat, RSS, Sangh leaders put Tricolour as DP on social media accounts

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Rashtriya Swayamsevak Sangh chief Mohan Bhagwat, Sangh leaders and RSS have removed the display picture of their official social media accounts and replaced it with Tricolour.

The RSS on Saturday shared a 48 second video on its official Twitter account in which Bhagwat and other Sangh officials can be seen hoisting Tricolour on different occasions.

The move comes in the wake of questions being posed by Congress and other opposition leaders to RSS in context of the Tricolour.

On the occasion of 75th anniversary of the Independence, Prime Minister Narendra Modi had appealed to all countrymen to change their DP on social media and put Tricolour on it.

In line with the Prime Minister’s ‘Har Ghar Tiranga’ campaign, the RSS has also urged the people to awaken self-respect and tweeted,” Celebrate the Azadi ka Amrit Mahotsav. Hoist the Tricolor in every house. Awaken the national self-respect.”

Making a big issue out of the appeal of the prime minister, Congress leader Rahul Gandhi had said, “Har Ghar Tiranga campaign is being run by those, who (RSS) didn’t hoist Tricolour for 52 years.”

“They could not stop Congress from fighting for the freedom of the country, and they will not be able to stop it today too,” the Wayanad MP said.

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