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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.

National News

Constitution Day 2024: Video Shows Rahul Gandhi Leaving Without Namaste To Murmu, BJP Claims ‘He Insulted Tribal President’

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Constitution Day 2024: Video Shows Rahul Gandhi Leaving Without Namaste To Murmu, BJP Claims 'He Insulted Tribal President'

Congress MP Rahul Gandhi came under fire on Tuesday (November 26) for what is being called his avoidance of greeting President of India Droupadi Murmu. The Bharatiya Janata Party (BJP) has seized on to the incident that took place in Parliament of India and has now alleged that Gandhi did not greet President Murmu because she hails from tribal community.

The video, now being shared by BJP leaders and netizens alike, shows part of the proceedings of Constitution Day ceremony in the parliament. The ceremony kickstarted the year-long celebration of 75 years of adoption of Constitution of India. The constitution was adopted on November 26, 1949.

In the video, President of India Droupadi Murmu, flanked by other dignitaries like Vice-president Jagdeep Dhankhar, Prime Minister Narendra Modi, Lok Sabha Speaker Om Birla greet those present for the ceremony. Congress president Mallikarjun Kharge, alongwith Rahul Gandhi are among the leaders given place on the dais.

In the video, all leaders including Rahul Gandhi, can be seen greeting those in the audience but Gandhi is then seen breaking away from the group while everyone greets the president, apparently as a courtesy. Gandhi, moving away from the group of leaders, stops at a point to look back but doesn’t greet the president.

BJP’s Amit Malviya posted the video and had a strong reaction for Gandhi.

Malviya’s post had a lot of comments.

One of those who commented said that Rahul Gandhi’s actions were not a power move but he did what he did as he did not have a clue about what was happening.

‘Ye nahi sudharne wala…’ said another user.

At the time of publishing of this story, there was no reaction from Rahul Gandhi’s official handle on social media platform X (formerly Twitter).

It wasn’t immediately verifiable if Rahul Gandhi greeted the president off-camera.

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Maharashtra

President Droupadi Murmu Pays Tribute To 26/11 Martyrs, Reiterates India’s Commitment To Fighting Terrorism

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New Delhi: President Droupadi Murmu paid tribute to the martyrs of the 26/11 attacks on Tuesday.

“On the anniversary of cowardly terror attacks in Mumbai on 26th November 2008, I join the entire nation in paying homage to the bravehearts who lost their lives and expressing solidarity with their families,” said the President in a post on X.

She also reiterated India’s commitment to combat terrorism.

“A grateful nation salutes its valiant security personnel who made ultimate sacrifice while protecting our people. It is also the day to reiterate that India remains firmly committed to defeating terrorism in all its forms,” the post added.

Union Ministers Amit Shah & Rajnath Singh Pay Their Tribute

Union Ministers Amit Shah and Rajnath Singh also paid tribute to the security personnel who died during the attacks,

“Terrorism is a blot on the entire human civilization. The Modi government’s ‘zero tolerance’ policy against terrorism has been appreciated by the entire world and today India has become a world leader in anti-terrorism initiatives,” Union Home Minister Amit Shah’s post said.

“We remember, and we will never forget those wounds,” Defence Minister Rajnath Singh’s post said.

Union Minister Piyush Goyal Remembers Sacrifice Made By The People

Union Minister Piyush Goyal also remembered the sacrifice made by the people in a post on X.

“Respectful salute to the brave soldiers, policemen and innocent citizens who made the supreme sacrifice to protect the motherland in the 26/11 Mumbai terrorist attack. Their bravery, sacrifice and martyrdom will always be remembered,” the post said.

About 26/11 Terror Attack

Today is the 16th anniversary of the 26/11 attacks, a series of coordinated terror attacks at the Taj Hotel, Oberoi Trident Hotel, Chhatrapati Shivaji Terminus, Leopold Cafe, Mumbai Chabad House, Nariman House, Cama Hospital and Metro Cinema by ten Lashkar-e-Taiba terrorists.

Notably, at least 174 people, including 20 security force personnel and 26 foreigners, were killed and more than 300 injured in the 26/11 Mumbai terror attacks in 2008.

The ten Lashkar-e-Taiba terrorists came to Mumbai via the sea route from Pakistan and carried out the attacks.

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International News

Bangladesh High Court orders high-level probe into power deals with Adani group amid supply cuts

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Bangladesh’s High Court ordered the formation of a high-level enquiry committee comprising international energy and law experts to reevaluate all electricity-related agreements with the Adani group, The Business Standard, a local news portal, reported on Tuesday, November 19.

The bench of Justices Farah Mahbub and Debasish Roy Chowdhury has reportedly ordered the cabinet secretary to form the committee within a month and submit the report to the court in the next two months. 

Adani Power shares closed 0.47 per cent lower at ₹524.10 on Tuesday’, compared to ₹526.60 at the previous market close. 

The court, while hearing a petition, asked why instructions should not be given to cancel the uneven agreements made with the Adani group. It also asked for the documents related to the signing of the deal within a month.

Barrister M Abdul Qayyum, representing the petitioner, filed the writ in the High Court asking for the cancellation of all electricity deals with Adani group. Adani signed the 25-year power purchase agreement in 2017; at that time, no imported coal-based power plants were operational in Bangladesh, as per the report.

Adani’s Bangladesh power supply

Adani group’s Bangladesh power is supplied from Jharkhand’s 1,600 MW power plant. The cost of power is $0.1008 per unit or Tk12 per unit, a Bangladesh Power Development Board official was quoted as saying in the report.

This rate is 27 per cent higher than the rate of India’s other private producers and as much as 63 per cent more than the Indian state-owned plants. 

After Adani Power cut the Bangladesh power supply by half over the unpaid dues, the company also set a deadline of November 7 to switch off the flow of electricity if there was no clarity on the settlement of the outstanding amount.

Bangladesh reportedly owes Adani almost $850 million. Adani group later clarified that it had not demanded the full payment in seven days, as per the report.

Shortage of Power

Bangladesh continues to face a shortage of electricity, increasing the risk of blackouts, even after making a partial payment to Adani group, according to a Bloomberg report on Tuesday. 

Adani Power has received a letter of credit for $170 million, easing pressures from lenders, reported the agency, citing two people aware of the development. The partial payment doesn’t resolve the crisis, but the company won’t halt supplies for now, pending talks with the lenders of the Godda thermal plant in Jharkhand, the officials said. 

“Payments should have been made by this time,” Ahsan H Mansur, governor of Bangladesh Bank, said in a phone interview on Friday as per the report. The central bank “issued an instruction for the payment”, Mansur had said earlier this week.

The Adani electric supply accounts for nearly 10 per cent of Bengladesh’s total supply. The power company reduced its supply further to 500 megawatts on Thursday after cutting it to 700 megawatts earlier, as per the data collected from Power Grid Bangladesh cited in the news report.

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