Pairokar

  How can the so-called civilised nations of the world, particularly those that proclaim themselves champions of human rights, remain silent in the face of the reported execution of two Bangladeshis in Mecca? Where are the voices that rise so readily in defence of human dignity, the rule of law and the right to life when confronted with such a disturbing case? The two Bangladeshis, identified as Nazrul Islam Abdul Basir and Siti Akhtar, were reportedly executed on October 14 over alleged “immoral acts” inside a mosque in Mecca. They were said to have been clicking photographs because it was unthinkable to have indulged in a sexual act in the full glare of thousands of people. Yet Saudi authorities have not publicly disclosed detailed information about the specific acts for which the couple were sentenced to death. When the ultimate punishment is imposed, the public is entitled to ask a fundamental question: what precisely was the offence, what evidence was presented, and by what ...

Chief Justice of India Justice Surya Kant deserves to be complimented for refusing to meet a delegation of politicians that included the Leaders of the Opposition in the Lok Sabha and the Rajya Sabha. The CJI rightly observed that meeting to discuss matters connected with pending cases would violate the constitutional principle of separation of powers and established norms of judicial propriety. The INDIA Bloc leaders had sought an appointment to submit a memorandum raising concerns over the Chief Election Commissioner of India, alleged arbitrary arrests of students, the closure of metro stations, the cancellation of trains, and other issues. What is particularly objectionable and surprising, however, is the very decision of these political leaders to seek an appointment with the CJI to raise such issues. Did they not understand that the judiciary cannot be approached as a forum for political intervention, nor can political leaders expect the Chief Justice to entertain representa...

  It is nothing short of astonishing that advocates claiming to practise before the Supreme Court should participate in a march demanding the removal of Chief Election Commissioner Gyanesh Kumar. One would expect those who claim familiarity with constitutional law to know that the CEC cannot be removed at the government's whim or by street pressure. His removal is governed by a constitutional process comparable to that applicable to a Supreme Court judge. Unlike a minister, who can be removed by the Prime Minister or, in a state, by the Chief Minister, the CEC enjoys constitutionally protected tenure. Neither political expediency nor public agitation can substitute for the procedure prescribed by the Constitution. The CEC can be removed only on the grounds of proved misbehaviour or incapacity . The process requires a motion signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha, followed by its admission by the presiding officer. A three-member inquiry c...

  Slogans are meant to convey an idea, inspire people and give expression to a collective cause. The most memorable slogans in our public life have carried a message that was larger than the words themselves. Consider Netaji Subhas Chandra Bose's famous call, “Tum mujhe khoon do, main tumhe azadi doonga,” or Lal Bahadur Shastri's “Jai Jawan, Jai Kisan.” Slogans such as “Dhan aur dharti bant ke rahegi” and “Jo jotega, woh malik hoga” likewise emerged from particular social and political movements and sought to mobilise people around a cause. Even the more recent “Har Har Modi, Ghar Ghar Modi” was designed to convey a political message and mobilise supporters. Against this background, slogans such as “Ek kachori, do samosa, in mardon ka kya bharosa” sound less like a meaningful call for social change and more like an attempt at ridicule. Heard in the context of protests over women's safety, the sentiment behind the slogan may be understandable: women have legitimate and serio...

  How is it that most of the Muslim League leaders, who were responsible for the formation of Pakistan, were not opposed to British rule in India, were womanisers of the top order and regular drinkers of wine? Interestingly, they had no love for Islam or Islamic tradition. They married women of different religions and had them converted to Islam either after marriage or just before. Take the example of Aga Khan III; he had several European wives, including Cleope Teresa Mahliano and Andre Carron. He was a Shia Muslim. The real founder of Pakistan, Mohammad Ali Jinnah, was also not a Sunni Muslim. His grandfather was a Hindu. He married a Persian girl, whose daughter again returned to the original religion. He had diabolical hatred for the followers of Islam. Once, while addressing a meeting at Azad Maidan in Bombay, he looked for the journalists, and when he could see none, he expressed his indignation by saying that he was going to make Pakistan not with the support of idiots an...

  A controversy is raging these days over whether non-believers, or more particularly non-Hindus, should be allowed to participate in Garba, the traditional dance performed during the Navratri festival, particularly in Gujarat and Maharashtra. Some argue that if members of different communities wish to participate together, there should be no objection, as such participation can promote cordiality and harmonious relations. But the issue is not quite as simple as it is sometimes presented. If participation is being justified in the name of communal harmony, the principle should apply consistently. Why should participation in one religious festival be singled out while participation in other festivals such as Holi or Diwali is viewed differently? And if the argument is genuinely about social interaction and brotherhood, there should also be no hesitation in allowing Muslim women to participate freely in Garba. A claim of harmony cannot be selective or one-sided. There is also a legit...

According to reports in several newspapers, senior advocates Mahesh Jethmalani and Harish Salve have rightly questioned why an FIR was lodged against a former judge of the Delhi High Court only after burnt currency notes were discovered at his residence. The principle is simple: the law must be the same for all. Yet in this case, excuses were advanced that cast serious doubt on the system's transparency. Consider the hypothetical: if a High Court judge commits murder, can they hide behind judicial immunity? Justice Varma’s case illustrates the problem. Following the cash recovery on March 14, 2025, then CJI Sanjiv Khanna constituted a three-member committee—Justices Sheel Nagu, G.S. Sandhawalia, and Anu Sivaram—to probe the incident. Delhi High Court Chief Justice D.K. Upadhyaya submitted a preliminary report, noting that a fire broke out in the judge’s house while he was in Bhopal. But does physical absence absolve responsibility? If terrorists store an AK-47 in a judge’s reside...

 The Supreme Court of India’s direction to enhance the retirement age of judicial officers in the district judiciary from 60 to 62 years is a welcome and much-needed step. A three-judge Bench, headed by the Chief Justice of India, Justice Surya Kant, and comprising Justice Joymalya Bagchi and Justice V. Mohana, has directed seven consenting States—Chhattisgarh, Karnataka, Madhya Pradesh, Maharashtra, Sikkim, Tamil Nadu and West Bengal—to amend their respective service rules to formally raise the age of superannuation from 60 to 62 years. The Court has further directed the remaining States and Union Territories to take an urgent decision, in consultation with their respective High Courts, within two weeks on adopting the enhanced retirement age. However, the enhancement to 62 years is not automatic. Judicial officers attaining the age of 60 years will be required to undergo a rigorous assessment of their suitability and performance by the concerned High Court before being permitted ...

  Justice Ujjal Bhuyan has recently raised a pertinent question: why, even after 76 years of the Constitution, has the Supreme Court of India never appointed a distinguished jurist as a judge of the Court? The question deserves serious consideration because the Constitution expressly provides for such a possibility. Article 124(3) makes a person eligible for appointment as a Judge of the Supreme Court if he or she is, in the opinion of the President, a “distinguished jurist.” Interestingly, this qualification is specifically provided for the Supreme Court and not for the High Courts. The Constitution, therefore, deliberately kept open a route for bringing persons from outside the conventional pool of judges and practising advocates directly to the Supreme Court. Justice Bhuyan observed that when the collegium system did not exist, one explanation offered by the Central Government was that there was not sufficient depth in Indian academia for distinguished academics to be seriously ...

Jainism has been one of the finest sects of Hinduism. However, in practice, it has adopted not only all the evil practices of Hinduism but, in many ways, has gone far beyond it. There are five Mahavratas or anuvratas in Jainism. They are Ahimsa (Non-violence): It demands absolute non-injury to all living beings—subtle or complex—in thought, speech, and physical action. That is why Jain munis observe chaturmas and do not move from one place to another, lest any insect die in their movement. Satya (Truthfulness) is the second Vrat, which ordains speaking the truth with kindness and restraint, avoiding deceit or speech that causes harm. Asteya (Non-stealing): Not taking anything that is not willingly given, including abstaining from exploitation or unfair acquisition. Brahmacharya (Celibacy): Complete sexual abstinence for monastics, and strict fidelity and sensory restraint for householders. Aparigraha (Non-possessiveness/Non-attachment): Detachment from material possessions, wealth, a...

  The scene created by Mrs Sonia Gandhi at the Congress Headquarters on 15 th August, while Vande Mataram was being sung, was deplorable. The conduct of Rahul Gandhi, the Congress leader, and Mallikarjun Kharge was equally condemnable. But what Mrs Sonia Gandhi did was particularly inexcusable. The historical record surrounding Vande Mataram makes the episode even more significant. Gurudev Rabindranath Tagore sang Vande Mataram at the Calcutta Session of the Indian National Congress in 1896. The song subsequently became deeply associated with India's national movement and was adopted for all-India occasions at the Banaras session of the Congress in 1905. In 1923, at the Kakinada Session of the Congress, when Pandit Vishnu Digambar Paluskar sang Vande Mataram . Maulana Mohammad Ali Jauhar, who was presiding over the session, objected to the singing and walked out in protest. The controversy took a further institutional turn in 1937. The Congress Working Committee decided t...

The Government of India must formally recognise the newly declared Government of Balochistan. For all practical purposes, Balochistan has severed its ties with Pakistan. The Baloch people never acceded to Pakistani rule in spirit, culminating in their long-awaited declaration of independence on August 11th. As Pakistan’s principal military quadrant and home to its strategic nuclear assets—now effectively under Baloch control—the changing dynamics in Quetta demand an immediate response. The Government of India’s silence on this unfolding reality is baffling. Pragmatic realpolitik dictates that India takes the lead in rallying international recognition for an independent Balochistan. Neither the military nor civil writ of Islamabad holds sway over Baloch territory any longer. For decades, the authoritarian, Punjab-dominated military apparatus maintained a heavy-handed grip on the region, suppressing its persistent demands for freedom. Accounting for nearly 350,000 square kilometres...

  Justice P. S. Kailasam, who served on the Supreme Court in the 1970s, once observed that on Mondays and Fridays the Court heard roughly 280 Special Leave Petitions (SLPs), and nearly half of them were admitted. Today, the picture is dramatically different. More than 96,000 cases are pending before the Supreme Court of India, with some litigants waiting for justice for over three decades. Incidentally, Justice Kailasam was the father-in-law of senior Congress leader P. Chidambaram and the father of designated senior advocate Nalini Chidambaram. P Chidambaram also finds mention in K. K. Venugopal's recent memoir, An Accidental Lawyer: My Adventures in Law and Life . Nonagenarian KK Venugopal is himself a legendary lawyer. In a written reply to the Rajya Sabha, Union Law Minister Arjun Ram Meghwal stated the other day that the Supreme Court has 96,024 pending cases, including 10,094 pending for more than ten years, 558 pending for over twenty years, and 26 cases that have remain...

  An Allahabad High Court judge has, in my humble opinion, taken the right decision to recuse himself from a case. He stated in open court that he had been approached by both parties to show them some favour. In my humble opinion, the matter concerns the grant of bail to a large number of persons lodged in jail. There was a time when even the faintest whisper casting doubt on a judge's impartiality was enough for the judge to recuse himself or herself, without the slightest hesitation. I vividly remember an incident involving the Presiding Officer of the Industrial Tribunal at Tis Hazari Courts, Delhi. He recused himself from hearing a case on the ground that the counsel appearing for the management was a distant relative of his. I personally told him that I had no objection to his deciding the matter, but he politely declined and recused himself, nonetheless. The Presiding Officer was a retired District Judge from Uttar Pradesh who had been appointed by the Delhi government to...

  Instead of merely demolishing the unauthorised structures of Maulana Mohammad Ali Jauhar University in Rampur, it would be more meaningful to rename the institution after a nationalist Muslim or Dalit leader who made a lasting contribution to education and social upliftment. Retaining the name of Maulana Mohammad Ali Jauhar, in my view, is inconsistent with the secular and democratic ideals of independent India. The choice of such a name reflected the ideological preferences of its founder, Azam Khan. Maulana Mohammad Ali Jauhar and his brother, Maulana Shaukat Ali, were among the most influential Muslim political leaders of the pre-independence period. Although Mohammad Ali Jauhar briefly associated himself with the Indian National Congress, he later distanced himself from it and aligned himself with the politics of the Muslim League. During his presidency of the Congress, he attended a session of the Muslim League and sharply criticised Mahatma Gandhi, making the contro...

  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...

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....

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...

  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...

  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 ...

 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...

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...