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‘Surpassed Laxman Rekha, indelible scar’, ex-judges, bureaucrats on SC remarks against Nupur Sharma

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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 written an open letter criticising the observations of the Supreme Court on a plea by former BJP spokesperson Nupur Sharma.

They alleged that the comments made by the two judges — Justices Surya Kant and Justice J.B. Pardiwala — are unfortunate and unprecedented, and the top court surpassed the ‘Laxman Rekha’ and called for urgent rectification steps.

The statement said: “In the annals of judiciary, the unfortunate comments have no parallel and are an indelible scar on the justice system of the largest democracy. Urgent rectification steps are called for as these have potentially serious consequences on democratic values and security of the country.”

The veterans said they believe that the democracy of any country will remain intact till all the institutions perform their duties as per the Constitution. “Recent comments by the two judges of the Supreme Court have surpassed the Laxman Rekha and compelled us to issue an open statement.”

It further added that observations 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.

The veterans said through 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. They 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 veterans said the legal fraternity is bound to be surprised and shocked at the observation that an FIR should lead to arrest and the observations on other agencies in the country, without notice to them, are indeed worrisome and alarming. “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. On July 1, the apex court slammed Sharma for her controversial remarks.

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 signatories include former chief justice of the Bombay High Court Kshitij Vyas, former Gujarat High Court judge S.M. Soni, former Delhi High Court judge S.N. Dhingra, former chief justice (acting) Gauhati High Court K. Sreedhar Rao, former Rajasthan High Court judges R.S. Rathore and Prashant Agarwal.

The other signatories include: former IAS officers R.S. Gopalan and S. Krishna Kumar, former DGPs S.P. Vaid and B.L. Vohra, ambassador (retired) Niranjan Desai, Lt Gen V.K. Chaturvedi (retired) and Air Marshall (retired) S.P. Singh. The coordinators are Justice P.N. Ravindran, former judge of Kerala High Court, and Anand Bose, former chief secretary, Kerala.

Crime

Palghar Crime: 40-Year-Old Constable Arrested For Allegedly Raping Woman Inside Kasa Police Station

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Palghar, Maharashtra, Dec 08: A 40-year-old police constable has been arrested for allegedly raping a woman inside the Kasa police station in Maharashtra’s Palghar district, officials said on Monday.

According to a senior official from the Palghar rural police, the incident took place last week when the woman had visited the station to record her statement in connection with an ongoing case. The constable allegedly assaulted her within the premises.

Following a complaint filed by the woman, a case of rape was registered and the constable was arrested on Sunday, officials confirmed.

In the aftermath of the incident, the in-charge of the Kasa police station has been transferred. Further investigation is underway.

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National News

PM Modi recalls how Vande Mataram defied British oppression, stood ‘like a rock’

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New Delhi, Dec 8: Prime Minister Narendra Modi, on Monday, invoked the enduring spirit of ‘Vande Mataram’ while initiating a day-long discussion in the Lok Sabha to mark the 150 years of the national song.

He described it as a hymn that stood “like a rock” against British oppression and continued to inspire unity across generations.

Tracing the song’s journey from its composition by Bankim Chandra Chattopadhyay in 1875 to its role in the freedom struggle, PM Modi said ‘Vande Mataram’ became a current of emotion that bound the nation together.

“Even when crises like the coronavirus pandemic struck, the spirit of ‘Vande Mataram’ continued to connect the country. Today, as we march towards an ‘Atmanirbhar Bharat’ (Developed India), this hymn remains a source of strength,” he noted.

The Prime Minister quoted Mahatma Gandhi, who had described ‘Vande Mataram’ as a song that united the nation.

“Pujya Bapu (Mahatma Gandhi) said ‘Vande Mataram’ connects us. It is the dream of today’s generation to build a prosperous India, and this song continues to inspire that vision,” PM Modi said.

He emphasised that the hymn was more than just words — it was a mantra of sacrifice, resilience, and unity.

From the days of colonial bans, when people were punished for speaking or printing the words, to the sacrifices of countless freedom fighters who embraced martyrdom with ‘Vande Mataram’ on their lips, the song has remained a symbol of defiance and hope.

PM Modi urged the Parliament to ensure that the legacy of ‘Vande Mataram’ is preserved and passed on to future generations.

“This is not just a tribute to history but a reaffirmation of our democratic spirit. The lessons of the past must continue to guide our future,” he said, adding that the 150th anniversary was an opportunity to restore pride in a hymn that has been the heartbeat of Bharat.

Initiating a day-long discussion on 150 years of ‘Vande Mataram’ in the Lok Sabha, PM Modi noted that ‘Vande Mataram’ stood like a rock and inspired unity despite British oppression.

“When ‘Vande Mataram’ completed 100 years, the nation was chained by the Emergency. At that time, the Constitution was throttled and those who lived and died for patriotism were pushed behind bars,” he said.

“The Emergency was a dark chapter in our history. Now we have the opportunity to restore the greatness of ‘Vande Mataram’. And I believe this opportunity should not be allowed to pass,” PM Modi added.

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‘BJP wants to own everything’: Akhilesh Yadav in LS during Vande Mataram debate

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New Delhi, Dec 8: Samajwadi Party chief Akhilesh Yadav on Monday accused the BJP of trying to “own everything and claiming exclusive nationalism”, which was in fact “Rashtra-vivadi (anti-national).”

In his address during a special session of the Lok Sabha to commemorate 150 years of ‘Vande Mataram’, he said the national song belongs to every Indian and cannot be politicised.

Yadav said, “When in Kolkata, Congress leaders and Rabindranath Tagore sang this, it reached the common people, and when people fought against the British, the slogan of Vande Mataram played a major role in uniting them.”

He added, “When the British got panicked by this slogan, they used to put people in prison under anti-national cases. From 1905 to 1908, Vande Mataram was banned by the British, but they were not able to stop our revolution, and our freedom fighters kept taking it forward.”

Targeting the ruling BJP, Yadav said, “The ruling party in our nation wants to own everything. The things they do not have, they want to own. When the organisation was being formed, and the chairman who was chosen, there was debate on whether the BJP would go on the secular path, the socialist path or not. The chairman appointed at that time chose the secular and socialist path. On his stage, using Jaiprakash Ji’s picture, they tried to spread that they would follow his footsteps.”

Urging that Vande Mataram must be understood beyond symbolism, he said,

“Vande Mataram is not just to sing but to act as well. The Vande Mataram, which connected everyone in the independence movement, today, some people are trying to break the nation; they are still trying to do so. Vande Mataram is not a political subject or something to show off, but these BJP leaders act like it’s a song made by the BJP. People who did not take part in the independence movement — how will they know the value of Vande Mataram?”

In one of his strongest lines, Yadav said, “They are not ‘Rashtravadi’ (nationalist); they are ‘Rashtra-vivadi’ (anti-national). Back then, the British used to divide and rule; today, also some people are accepting that path of divide and rule.”

Continuing his criticism, he added, “The truth is that only a few people truly recited Vande Mataram from the heart. Some even worked as spies and informers for the British against those freedom fighters. Vande Mataram is not for fake politics.”

Yadav also accused the BJP of trying to appropriate icons: “Our party ended communal politics from where the BJP started it. They started putting Ambedkar’s picture in their election meetings after facing losses from the SP.”

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