Those top judges shouldn’t have brought the issue to the public, says Santosh Hegde

Agencies
January 13, 2018

Bengaluru, Jan 13: Former Supreme Court judge N Santosh Hegde today "wholly" condemned the action of four senior judges in going public over internal matters of the judiciary, saying it affected the reputation of the institution and may amount to contempt of court.

Questioning their action, he said internal matters of the judiciary should not have been brought to the public for discussion because neither the public nor the government or the executive can give any relief to them. "I wholly condemn the press meet yesterday held by the four judges of the Supreme Court. My complaint is these things should not have been publicly discussed, consequent to which the reputation of the judiciary has been affected," he told PTI.

In an unprecedented move in the country's judicial history, Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph had held a press conference yesterday and mounted a virtual revolt against Chief Justice of India Dipak Misra, questioning him on the 'selective' allocation of cases and certain judicial orders passed by him.

Hegde, a former Lokayukta of Karnataka, said their action would not benefit anybody other than drawing public attention. He said institutions like the judiciary survive on the confidence of the people. "Once the confidence of the people is lost, the institution will be useless," he said. Agreeing that the judges' intention was to 'bring the muck out of the system, he disapproved of their approach as it would set a new precedent where judges of High Courts and the Supreme Court would start bringing their differences into the public domain.

On whether their action was liable for impeachment, Hegde said he does not want to go to that extent, though he felt it can be possible, given the fact that a Calcutta High Court judge was impeached for contempt of court. He, however, felt that their action may amount to contempt of court. "Yes, it may amount to contempt of court but I am not talking about that...I don't want to take the issue to another direction. I am only questioning the action of the four judges who came out saying that the Chief Justice is giving cases according to his whims and fancies. "Yes, that is the jurisdiction given to him. And why not? That bench before which the case is posted does not have the only person. There are two other judges there." "That means you are suspecting the three judges. Let us not denigrate the institution," said Hegde.

Comments

s
 - 
Sunday, 14 Jan 2018

oh should they have gone to govt or police? to get killed?

Abu Muhammad
 - 
Sunday, 14 Jan 2018

The contempt of Court may be punishable, but what about the Contempt of Judicial system and contempt of Justice by CJI? It will never be questioned rather rewarded. Atleast now public come to know that Judiciary too infected with.............virus. Public had the doubt, now four senior most judges confirmed it. God save India!!! SATYA MEVA JAYATE!!

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News Network
February 23,2020

Bengaluru, Feb 23: Union Minister of Chemicals and Fertilizers DV Sadananda Gowda on Sunday said that several "anti-national organisations" were misusing the platform of anti-CAA protests.

"We have taken serious note of it and have started an investigation. Several anti-national organisations are misusing the platform of anti-CAA protests and many people are trying to take political advantage of this situation," he told the media on Sunday.

Gowda said that the government is "very serious" about the issue. "We are already working towards this. Both the state and Centre are together investigating into this," he said and added, "We will ensure that we cut this and will not allow this to grow. We will investigate the organisers of the event as well."

"If you are inviting such people (alleged anti-national elements), it means that you either know about it or that you are indirectly encouraging such things. In such situations, the organisers too will be acted upon," he stressed.

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News Network
July 29,2020

Bengaluru, Jul 29: Schools will remain closed and are expected to be opened in the month of August or September in the view of rising COVID-19 cases in Karnataka, said S Suresh Kumar, Minister of Primary and Secondary Education and Sakala of Karnataka on Tuesday.

Speaking on the issue, Kumar said, "Schools would not open for the time being. The children will be taught through media."

"The state is also working on the new schemes to improve the learning process for the students," he added.

As many as 5,536 new COVID-19 cases and 102 deaths were reported in Karnataka on Tuesday, according to the State Health Department.

The total number of positive cases in the state stands at 1,07,001 including 64,434 active cases, 40,504 discharges and 2,055 deaths.

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Ram Puniyani
June 29,2020

In Minneapolis, US an African American, George Floyd lost his life as the white policeman, Derek Chauvin, caught hold of him and put his knee on his neck. This is a technique developed by Israel police. For nine long minutes the knee of the while policeman was on the neck of George, who kept shouting, I can’t breathe.

Following this gruesome murder America erupted with protests, ‘Black lives matter’. The protestors were not just African Americans but also a large section of whites. Within US one police Chief apologized for the act of this. In a touching gesture of apology the police force came on its knees. This had reverberations in different parts of the World.

The act was the outcome of the remnants of the racial hatred against blacks by the whites. It is the hatred and the perceptions which are the roots of such acts of violence. What was also touching that the state of democracy in US is so deep that even the police apologized, the nation, whites and blacks, stood up as a sensitive collective against this violence.

US is not the only country where the brutal acts of violence torment the marginalized sections of society. In India there is a list of dalits, minorities and adivasis who are regularly subjected to such acts. But the reaction is very different. We have witnessed the case of Tabrez Ansari, who was tied to the pole by the mob and beaten ruthlessly. When he was taken to police station, police took enough time to take him to hospital and Tabrez died.

Mohsin Sheikh, a Pune techie was murdered by Hindu Rashtra Sena mob, the day Modi came to power in 2014. Afrazul was killed by Shambhulal Regar, videotaped the act released on social media. Regar believed that Muslims are indulging in love Jihad, so deserve such a fate. Mohammad Akhlaq is one among many names who were mob lynched on the issue of beef cow. The list can fill pages after pages.

Recently a young dalit boy was shot dead for the crime of entering a temple. In Una four dalits were stripped above waste and beaten mercilessly. Commenting on this act the Union Minister Ramvilas Paswan commented that it is a minor incident. Again the list of atrocities against dalits is long enough. The question is what Paswan is saying is the typical response to such gruesome murders and tortures. In US loss of one black life, created the democratic and humane response. In India there is a general silence in response to these atrocities. Some times after a good lapse of time, the Prime Minister will utter, ‘Mother Bharati has lost a son’. Most of the time victim is blamed. Some social groups raise their voice in some fora but by and large the deafening silence from the country is the norm.

India is regarded as the largest democracy. Democracy is the rule of law, and the ground on which the injustices are opposed. In America though the present President is insensitive person, but its institutions and processes of democratic articulations are strong. The institutions have deepened their roots and though prejudices may be guiding the actions of some of the officers like the killer of George, there are also police officers who can tell their President to shut up if he has nothing meaningful to say on the issue. The prejudices against Blacks may be prevalent and deep in character, still there are large average sections of society, who on the principles of ‘Black lives matter’. There are large sections of vocal population who can protest the violation of basic norms of democracy and humanism.

In India by contrast there are multiple reasons as to why the lives of Tabrez Ansari, Mohammad Akhlaq, Una dalit victims and their likes don’t matter. Though we claim that we are a democracy, insensitivity to injustices is on the rise. The strong propaganda against the people from margins has become so vicious during last few decades that any violence against them has become sort of a new normal. The large populace, though disturbed by such brutalities, is also fed the strong dose of biases against the victims. The communal forces have a great command over effective section of media and large section of social media, which generates Hate against these disadvantaged groups, thereby the response is muted, if at all.

As such also the process of deepening of our democracy has been weak. Democracy is a dynamic process; it’s not a fixed entity. Decades ago workers and dalits could protest for their rights. Now even if peasants make strong protests, dominant media presents it as blocking of traffic! How the roots of democracy are eroded and are visible in the form where the criticism of the ruling dispensation is labelled as anti National..

Our institutions have been eroded over a period of time, and these institutions coming to the rescue of the marginalized sections have been now become unthinkable. The outreach of communal, divisive ideology, the ideology which looks down on minorities, dalits and Adivasis has risen by leaps and bounds.

The democracy in India is gradually being turned in to a hollow shell, the rule of law being converted in to rule of an ideology, which does not have faith in Indian Constitution, which looks down upon pluralism and diversity of this country, which is more concerned for the privileges of the upper caste, rich and affluent. The crux of the matter is the weak nature of democracy, which was on way to become strong, but from decades of 1980s, as emotive issues took over, the strength of democracy started dwindling, and that’s when the murders of the types of George Floyd, become passé. One does complement the deeper roots of American democracy and its ability to protect the democratic institutions, which is not the case in India, where protests of the type, which were witnessed after George Floyd’s murder may be unthinkable, at least in the present times. 

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