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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

Reach the last mile of society through public service: Maha Dy CM Eknath Shinde tells Shiv Sena state chiefs

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New Delhi, Sep 3: Emphasising that Shiv Sena is a party for the common man fighting for public rights, party’s Chief leader and Maharashtra Deputy Chief Minister Eknath Shinde has called upon every office-bearer and worker to take the party to the last person in society through welfare initiatives.

He also announced on Wednesday that Shiv Sena will donate ambulances across 25 states in the country.

He made these remarks while addressing a review meeting of State Shiv Sena Presidents from various states.

Deputy Chief Minister Shinde instructed party leaders to work effectively on critical issues such as education, sports, employment, women’s welfare, healthcare, water, roads, and agriculture.

He gave clear directions that if needed, office-bearers should step up and lead agitation in “Shiv Sena style” in their respective states to secure justice for the public.

To further strengthen the party’s base at the grassroots level, Eknath Shinde advised organising state-level sports competitions across various states over the coming months.

To accelerate party growth, Deputy CM Shinde directed that appointments of key functionaries be completed immediately across all states.

“This primarily includes selecting state-level office-bearers, women’s wing chiefs, Yuva Sena leadership, and leaders for other affiliated organisations. State chiefs were instructed to submit a concrete “Action Plan” to the party leadership within the next two months, tailored to the political and social conditions as well as upcoming elections in their respective states.”

Deputy CM Shinde suggested that office-bearers take direct initiative in resolving daily civic issues, including drinking water supply, road repairs, healthcare services, solid waste management, school maintenance, and clean public toilets.

To expand the party’s footprint, he clarified during the meeting that a widespread “Shiv Sena Membership Drive” must be launched across all states to ensure the party reaches the last village and household.

All state chiefs expressed their determination to celebrate Prime Minister Narendra Modi’s birthday and his 25 years of successful public service on a grand scale through various social welfare programs.

During this dedicated service week, blood donation camps, health drives, and job fairs for youth will be organised nationwide, alongside the distribution of notebooks and educational materials to underprivileged students, the statement said.

“Shiv Sena office-bearers work not just for politics, but for social welfare. Strengthening the party network down to the booth level and rushing to the aid of people in their times of need is our ultimate goal,” Deputy CM Shinde reiterated to the state leaders.

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Crime

Property dealer shot dead outside gym in Delhi Narela

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New Delhi, Sep 3: A property dealer was shot dead by three unidentified assailants outside a gym in north Delhi Narela on Thursday morning, officials said.

Police have said that they suspect the killing may be linked to an extortion attempt.

According to officials, the deceased has been identified as Pramod Dahiya, a resident of Haryana’s Sonipat district.

The incident took place at around 7 a.m. when the attackers allegedly arrived on a scooter, opened fire at Dahiya and fled the spot after the shooting, officials said.

They added that the murder seems to be connected to an extortion-related attempt.

Police teams have begun investigating the circumstances surrounding the incident and are examining CCTV camera footage from the area to identify the assailants and establish the exact sequence of events.

The body of the deceased has been sent for post-mortem examination. Police are currently investigating the case, while further details are awaited.

The Narela killing comes against the backdrop of a similar high-profile murder involving Haryanvi singer and YouTuber Ankit Baliyan, who was shot dead outside a gym in Shamli, Uttar Pradesh, on August 26.

Baliyan was attacked outside the gym by armed assailants, and investigators suspect that his murder was connected to a gang rivalry allegedly triggered by one of his songs. The case subsequently led to a major investigation by the Uttar Pradesh Police and Special Task Force.

According to the investigation, the Gogi gang is suspected to have orchestrated the killing of Baliyan.

On August 31, the Uttar Pradesh STF, along with the local police, shot dead two accused, identified as Sumit and Mohit, during an encounter. Both the suspected shooters were residents of Sonipat in Haryana and had previous criminal records.

Following the encounter, the Shamli Police announced a reward of Rs 1 lakh each for information leading to the arrest of the two remaining suspected shooters, identified as Satyam Kadyan and Aryan Sandhu.

The two accused are currently absconding, and efforts are underway to trace them.

The investigation into the Baliyan murder has also brought the name of Rakesh alias Pappu to the fore. He is suspected of being the mastermind behind the conspiracy and is currently lodged in Karnal Jail in Haryana.

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Crime

SSB nabs man with 952 grams brown sugar near India-Nepal border

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Kolkata, Sep 2: The Sashastra Seema Bal (SSB) conducted a raid at a house near the India-Nepal border in the early hours of Wednesday and seized 952 grams of suspected brown sugar. The value of the narcotics could be more than Rs 40 lakh in the illicit market, officials said.

One person has been taken into custody in this connection.

“Around 5 a.m. on September 2, acting on specific information received from the intelligence setup of 41 Bn SSB, a joint operation was conducted by personnel of G Company, Bhatgaon, A Company, Nimuguri, and a team from Galgalia Police Station at the residence of Md Jalal (60), at Thika Toli, Galgalia, Kishanganj, Bihar. During the operation, 952 gms of suspected brown sugar was recovered in five packets from the house, with the help of a sniffer dog. A mobile detection kit verified it to be narcotics. A keypad mobile phone was also recovered from the accused,” a senior SSB official said.

During interrogation, Jalal allegedly disclosed that his son-in-law, named Md Shamshad Alam, is involved in the dealing of narcotics and the packets belonged to him. The police verified the facts and confirmed that Alam is a history sheeter and has been involved in several narcotics smuggling cases.

The seized packets, along with the accused and the phone, have been handed over to the Galgalia Police Station.

On August 30, a joint team of the SSB and police had apprehended a woman from Galgalia with 50 grams of brown sugar. She had revealed that her husband and son are involved in the drug trade.

Drug trafficking is rampant in the area close to the India-Nepal border. Criminals take advantage of the boundary between Bihar and West Bengal and the international border to carry out their nefarious activities, authorities said.

“Once they cross over into West Bengal, the Bihar Police have no jurisdiction and vice versa. The police have no jurisdiction close to the border, while the SSB can’t operate too far inside. The criminals are aware of this and take advantage,” another official said.

The unique nature of the border between India and Nepal also poses a problem for the enforcers. Citizens of both countries require no passports or visas to move across, and not everybody can be searched without a valid reason.

Cross-border trafficking of drugs also takes place. In the past, Indians have been apprehended in Nepal with drugs, while citizens of that country have been found in possession in India. The heavy tourist footfall in Nepal and the demand for banned substances is also an issue.

Officials suspect that several gangs operate in the area. Over time, better co-ordination has evolved between the various agencies, and there is regular information sharing. Intelligence networks have also been activated for information about criminals.

“Apart from maintaining vigil along the border, we co-ordinate with central and state agencies to prevent crime in the area. Locals are also regularly told to seek out help to keep the area crime-free for their own sake,” the SSB official added.

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