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Justice must not only be done, but must also appear to have been done

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On 13th April, the former Chief Minister of Delhi, Shri Arvind Kejriwal, argued his case in the High Court of Delhi for the recusal of Justice Swarna Kanta Sharma from hearing his case. In a lengthy argument of more than an hour, he raised ten points as to why she should not hear the case. The most damning ground was that, since she is sympathetic to the philosophy or ideology of a particular party, which is his political enemy, he has genuine reasons to believe he will not receive fair justice from the court presided over by her. He specifically mentioned that she has attended four programmes of Adhivakta Parishad, which is closely linked with the Bharatiya Janata Party, which is hostile to him and his party. Shri Kejriwal wants a judge of impeccable integrity to hear his case and decide the matter. Justice Sharma has reserved the order. There is no doubt that justice should not only be done, but it should also appear to have been done. On the 15th of April, Kejriwal levelled another ...
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Justice must not only be done, but must also appear to have been done

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  On 13th April, the former Chief Minister of Delhi, Shri Arvind Kejriwal, argued his case in the High Court of Delhi for the recusal of Justice Swarna Kanta Sharma from hearing his case. In a lengthy argument of more than an hour, he raised ten points as to why she should not hear the case. The most damning ground was that, since she is sympathetic to the philosophy or ideology of a particular party, which is his political enemy, he has genuine reasons to believe he will not receive fair justice from the court presided over by her. He specifically mentioned that she has attended four programmes of Adhivakta Parishad, which is closely linked with the Bharatiya Janata Party, which is hostile to him and his party. Shri Kejriwal wants a judge of impeccable integrity to hear his case and decide the matter. Justice Sharma has reserved the order. There is no doubt that justice should not only be done, but it should also appear to have been done. On the 15th of April, Kejriwal levelled an...
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Abdul Basit must be sent to a mental asylum

Anyone who has seen the rubbish talk of Abdul Basit, the former envoy of Pakistan to India, will hardly doubt that he has gone mad and needs to be admitted to a mental asylum. Look at what he says: if there is any attack by the USA on Pakistan’s nuclear installations, Pakistan must first attack Delhi and Mumbai. This reveals his insanity, Jihadi mentality and diabolical hatred for India. It appears that he is unaware that ‘Operation Sindoor’ has only been suspended, not stopped. Pakistan’s image is of a beggar country. No organisation or country is willing to lend even loans or alms to this ungrateful nation. In the name of Islam, it has entered into a mutual aid cooperation with Saudi Arabia. Still, it has not even spoken a word against the bombardment of oil installations by Iran in Saudi Arabia. Pakistan has been carrying out terrorist explosions in India, but now receives the same reply from Afghanistan, and no country is coming to help her, knowing her history of dishonesty. Pakis...
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The Supreme Court to Clarify the Definition of “Industry”

The Nine-Judge Constitution Bench of the Supreme Court of India has concluded three days of hearing in Bangalore Water Supply and Sewerage Board v. A. Rajappa and State of U.P. v. Jai Bir Singh . Your organisation, the Indian Federation of Working Journalists (IFWJ), presented its submissions through the Secretary-General, who is also an Advocate-on-Record before the Supreme Court of India. The IFWJ strongly emphasised the Triple Test theory of “industry” , as laid down by Justice V. R. Krishna Iyer in the landmark seven-judge bench decision of 1978. The test lays down three essential conditions: 1.       Systematic Activity – The activity must be organised and structured (e.g., factory, hospital, educational institution). 2.       Employer–Employee Relationship – There must exist cooperation between employer and employees, irrespective of profit motive. 3.       Production/Distribution of Goods o...
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Judiciary is, without doubt, neck-deep in corruption and needs to be cleaned

A few of my friends have drawn my attention to my earlier post that the credibility of the judiciary is at its ebb, although it still enjoys more trust from the people than any other organs of governance. A harassed person, tired of everywhere, has nowhere to go except the judiciary to get some relief. But it is equally true of other departments. For example, corruption in hospitals and in the field of medicine is known to everybody, yet we still go to hospitals, private clinics and doctors, knowing the fact that a common man is bound to be cheated by them, but they still go to them because there is no alternative left for them. So much so. Even in the field of education, a common person is cheated. They know it, but there is no alternative as the TINA factor works. Most of the good schools and educational institutions not only charge hefty fees but also demand huge donations for admissions. Teachers do not properly teach the students, driven by the greed of earning money in the name o...
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Judiciary suffers from a deep crisis of credibility

It is often said that sunlight is the best disinfectant — a reminder that transparency is the foundation of reliability. Without transparency, public trust or faith cannot meaningfully exist. Undeniably, the judiciary has traditionally enjoyed greater public confidence than any other constitutional branch, whether Parliament or the Executive. Even the so-called fourth pillar of democracy — the media — has, in recent years, been grappling with a serious crisis of credibility. However, signs now suggest that the judiciary’s own trustworthiness is also facing erosion. The subordinate judiciary at the district level is frequently criticised by the public for perceived corruption. While the higher judiciary continues to command relatively greater confidence, recent developments indicate that this faith, too, may be waning. Government data has revealed a striking figure that has reignited debate over judicial accountability in India: over the past decade, more than 8,200 complaints have repo...
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Almost Nil Impact of Bharat Bandh Call of Trade Unions

  On February 12, Jantar Mantar in New Delhi served as a focal point for a major gathering as part of a nationwide general strike (Bharat Bandh). Unfortunately, the gathering drew fewer than 500 people. These people were presented as workers, but most were college students. The demonstration was organised by a joint platform of over 10 Central Trade Unions (CTUs), including CITU, AITUC, and INTUC, as well as the Samyukt Kisan Morcha (SKM). This dismal demonstration by the Trade Unions further proves that workers are no longer interested in their tall talk, as the Unions have miserably failed to protect the interests of the working class in India. Things have also changed. There are now a negligible number of workers. Their way of working has changed. They have become habituated to the new facilities. Therefore, they cannot be herded like the workers of the eighties or even the nineties. The protesters called for the repeal of the four new labour codes, the restoration of MGNREGA ...
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