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A Misplaced Critique: Why Justice Ujjal Bhuyan’s Observations Miss the Mark

  A Misplaced Critique: Why Justice Ujjal Bhuyan’s Observations Miss the Mark Supreme Court Justice Ujjal Bhuyan’s recent remarks at the Justice G.P. Singh Memorial Lecture in Bhopal are, regrettably, neither legally sound nor logically acceptable. Expressing concern over the alleged criminalisation of "normal activities," he criticised what he termed a disproportionate police response to youths organising an Iftar and consuming chicken on a boat on the Ganga River. Questioning their arrest and subsequent three-month denial of bail, he argued that "there is no law prohibiting the consumption of chicken over the Ganga." With the utmost respect to the honourable judge, I must strongly beg to differ. I wish to draw attention to Section 196 of the Bharatiya Nyaya Sanhita (BNS), which addresses the offence of promoting enmity between different groups on the grounds of religion, race, place of birth, or residence. Criminal liability hinges on two foundational elements...

Protests at Jantar Mantar were bound to collapse

From day one, it was a foregone conclusion that the Jantar Mantar movement was bound to fail, as it was taken over by lumpen elements, transgenders, and loose girls spitting indecent abuse. It was an open secret that the so-called movement was foreign-funded, as the meals distributed at the protest site were ordered from Germany, the US, and Dubai. Now, with the resignation of Education Minister Dharmendra Pradhan, there is nothing left, and most of them have already dispersed. The number of students participating in the protest was negligible, as they had already seen through the politics of some Aandolanjivis. Many faces appear only during some or other agitation. What was most disturbing was that these protestors were crossing all the limits of obscenity during the demonstrations. There was one demonstrator who was seen flashing his private part, and many lumpen girls were seen indulging in vulgar dance. What was all the more condemnable was the misbehaviour towards media persons....

Experts will have to devise ways to Prevent Unruly Ruckus in Courtrooms

The deplorable drama witnessed yesterday, i.e. Friday, in the Supreme Court courtroom defies all logic in the functioning of the court. Nobody has a ready-made answer to how such sordid scenes can be averted. There is no doubt that both judges on the bench have a high reputation for commendable behaviour, and the way the petitioner-in-person presented his case in court appeared to be mentally deranged. In a short span of a few months, such incidents have occurred twice in the Supreme Court, and if steps are not taken to prevent them, they are bound to occur elsewhere as well. The petitioner-in-person is said to be an advocate by training. Earlier, the person who attempted to hurl shoes at the then CJI, Justice Gawai, was also an advocate. We have been watching such incidents in Parliament, Assemblies, hospitals and other areas of public life, but courts have been largely free from such unruly behaviour. Heated arguments have certainly taken place between lawyers and judges elsewhere, b...

Appointment of a Dalit as the General Secretary of Ram Janmabhoomi Nyas Must Be Welcomed

  The appointment of Shri Krishna Mohan, a member of the Dalit community, as the Chief Executive Officer of the Ram Janmabhoomi Trust in Ayodhya deserves to be wholeheartedly welcomed. He succeeds Shri Champat Rai Bansal in overseeing the administration of the grand Shri Ram Temple, one of the most significant religious and cultural projects in independent India. This appointment also serves as a powerful response to the politics of caste symbolism. Those who repeatedly invoke the slogan of "PDA" while claiming to champion the cause of the marginalised now find their narrative seriously weakened. Shri Akhilesh Yadav and his party have long relied on caste-based political mobilisation in Uttar Pradesh. Yet the decision of the Nyas demonstrates that genuine social inclusion is achieved through meaningful responsibility and leadership, not merely through electoral rhetoric. Despite projecting himself as a modern, educated leader, Shri Yadav too often reduces public discourse t...

Hopefully, the Indo-Bangladesh border will soon be fenced

  One shudders to think about the situation in West Bengal if Mamata Banerjee had again returned to power. Lawlessness and goondaism would have gone beyond imagination. The way Bangladeshi intruders occupied the streets and roads, and nobody had the guts to speak against them because the administration of Mamata Banerjee was always there to stand by the lawbreakers. The fencing of the Indo-Bangladesh border could not be carried out because there was no local administrative support. The Bangladeshi intruders are now creating hurdles in fencing off the borders. As a result of the porous border, cattle smuggling and other problems have crept up in India. The total length of the Indo–Bangladesh border in West Bengal is 22,17 km, out of which 1648 km has already been covered by a fence. With the change of government in West Bengal, it is hoped that the rest of the border will soon be fenced. The way protest marches were taken out on the renaming of Suhrawardy Street after Gopal ...

Refusal of Lawyers body to defend any alleged criminal is unjustified

 Disturbing reports from Ayodhya indicate that the district's legal fraternity has resolved not to represent individuals accused of misappropriating donations made to the Ram Mandir. If the allegations are true, the alleged theft of devotees' offerings is unquestionably reprehensible, and those responsible should be punished in accordance with the law. However, how can a body of lawyers effectively treat an accused person as guilty even before a court has conducted a trial? The lawyers' association has adopted this position as a mark of protest against the alleged misappropriation of temple donations. It has reportedly also warned that any advocate who appears on behalf of the accused will face a penalty of ₹5 lakh. In addition, the association has demanded that prominent temple trust functionaries, including Champat Rai and Anil Mishra, leave Ayodhya, failing which it has threatened to blockade the entire city. This collective boycott has reignited an important constitutio...

Law without morality is a body without a soul

It is often said that “law without morality is a body without a soul.” The maxim suggests that what is legally permissible may not always be morally acceptable, and what is morally objectionable may not necessarily amount to a legal wrong. In a recent judgment, the Punjab and Haryana High Court held that a married woman meeting her former partner on a single occasion, even in a compromising situation, cannot automatically be treated as proof of adultery. The case arose from a matrimonial dispute involving an Indian Navy officer who alleged that his wife refused to share a bed with him and continued to maintain a relationship with her former boyfriend after marriage. The Family Court granted a decree of divorce on the ground of mental cruelty. However, while considering the allegations of adultery, the High Court observed that a solitary incident was insufficient to establish that the wife was living in an adulterous relationship. The Court reiterated that adultery is a serious allega...