OPINION

Monthly Archives: MARCH 2020


How should the Attorney General of India behave?
03.03.20 - Markandey Katju
How should the Attorney General of India behave?



 
The petitions challenging the detention of the Kashmiri leaders Omar Abdullah and Mehbooba Mufti have been fixed for hearing before the Supreme Court on 5th March. An important question in these cases is how should the Attorney General of India (or the Solicitor General of India) who appears for the Union Government behave? 

In my opinion the duty of the Attorney General or Solicitor General is to help the Court lay down the correct law, not to justify the action of the Government. 

I may give two examples in this connection :

(1) Pt. Kanhaiya Lal Mishra was the Advocate General of UP for many years. When the Socialist leader Dr Ram Manohar Lohia was arrested and detained for inciting farmers in UP not to pay the enhanced water rate from canals, he challenged his detention by filing a habeas corpus petition in the Allahabad High Court, and Pt Mishra appeared for the UP Government. 

Lohia decided to argue his case himself, though he was not a lawyer. Thereupon Pt Mishra started going to the jail where Lohia was incarcerated, and assisted Lohia in preparing his case. He gave Lohia copies of many decisions of various courts in India, UK, and USA which were in his favour, and which he could cite.

Pt. Kanhaiya Lal Mishra 
Many people were astounded at what Pt Mishra was doing since he was appearing for the respondent State of UP in the case, but he responded that since Lohia was not a trained lawyer, and since for a correct decision the version of both sides must be presented properly before the court, he was only helping the course of justice. He said that as Advocate General his task was not to win cases but to assist the court to lay down the correct law. 

Due to Pt Mishra’s assistance Lohia won his case, and his detention was quashed by the Court, vide Ram Manohar Lohia vs Supdt, Central Prisons.

Govind Swaminathan 
(2) Govind Swaminathan was the legendary Advocate General of Tamil Nadu. A petition was filed in the Madras High Court by a student who said he was wrongly denied admission to a certain educational course. Though Mr Swaminathan was appearing for the Tamilnadu Govt, he frankly admitted in court, after studying the case thoroughly, that his government had made a mistake, and the student deserved admission. Thereupon the court directed admission of the student.

Many more such examples can be given.

In my opinion, in the cases of the Kashmiri leaders before the Supreme Court, the Attorney General (or Solicitor General) should not try to justify the detention orders, but should frankly state in court that these orders are illegal in the light of the Brandenburg test (see my articles SC must order release of all detained Kashmiri leadersApproval to prosecution of Kanhaiya; Kejriwal is trying to be too clever by half and Dr Kafeel Khan’s preventive detention order under NSA is illegal; should be struck down by court).

If they do so the Attorney General or Solicitor General will not only enhance their own reputation, but will also restore the image of the court, which presently lies sullied in view of its recent verdicts and acts of some judges, and once again resurrect the Court as the guardian of the Constitution and liberties of the people 

 
Justice Markandey Katju is former Judge, Supreme Court of India and former Chairman, Press Council of India. 

 
 
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Disclaimer : PunjabToday.in and other platforms of the Punjab Today group strive to include views and opinions from across the entire spectrum, but by no means do we agree with everything we publish. Our efforts and editorial choices consistently underscore our authors' right to the freedom of speech. However, it should be clear to all readers that individual authors are responsible for the information, ideas or opinions in their articles, and very often, these do not reflect the views of PunjabToday.in or other platforms of the group. Punjab Today does not assume any responsibility or liability for the views of authors whose work appears here.

_______________________________________________________________

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_______________________________________________________________

Punjab Today believes in serious, engaging, narrative journalism at a time when mainstream media houses seem to have given up on long-form writing and news television has blurred or altogether erased the lines between news and slapstick entertainment. We at Punjab Today believe that readers such as yourself appreciate cerebral journalism, and would like you to hold us against the best international industry standards. Brickbats are welcome even more than bouquets, though an occasional pat on the back is always encouraging. Good journalism can be a lifeline in these uncertain times worldwide. You can support us in myriad ways. To begin with, by spreading word about us and forwarding this reportage. Stay engaged.

— Team PT






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Nowadays, In India Having A Muslim Name Is Dangerous
02.03.20 - Markandey Katju
Nowadays, In India Having A Muslim Name Is Dangerous




I regret to say so but the truth is that nowadays having a Muslim name in India, like Tahir Hussain, is dangerous, being itself sufficient proof in the eyes of many of being guilty of a major crime like murder, rape, dacoity, arson, etc.

How else can one explain the hysterical condemnation without a trial, of a Delhi MLA Tahir Hussain (in pic), by most of the Indian public and the Indian media, behaving like the Roman mob after Caesar’s assassination, baying for the blood of Cinnna the poet, even if they could not get hold of Cinna the conspirator.

A FIR was filed by the father of the Intelligence Bureau officer Ankit Sharma, whose body was found with multiple injuries in a drain, accusing Tahir Hussain of the murder. It was alleged that Tahir Husain led a mob which killed Sharma. Videos went viral  showing Hussain holding a stick, and allegedly directing stone pelters from his terrace. It was alleged that stones, acid pouches and petrol-bombs were found in his house. 

Tahir Hussain, of course, has denied all these allegations, and has said that in fact he was trying to dissuade Muslim youth from violence. His house was invaded by a Hindu mob, and has now been sealed by the police, and he is now living elsewhere.
 
There is nothing to connect Hussain with the murder of Sharma. So it seems like a victim is being branded as a terrorist, all because he is a Muslim, and in addition is in Aam Aadmi Party. Karela aur neem chadha!

I was a lawyer for 20 years and a judge for another 20. So I am well aware of the functioning of the Indian police, about whom Justice A. N. Mulla of the Allahabad High Court had commented so eloquently. It is well known that the police in India nowadays is not a neutral, independent organisation (as it was meant to be), but has been politicized, and acts as directed by its political masters. It often fabricates false evidence and tutors witnesses, to get a conviction. The stones, acid pouches and petrol bombs may have all been planted and concocted.
 
The video which went viral showing Hussain with a stick is asserted as being conclusive proof of Hussain’s culpability. But a stick can be used both for offensive and defensive purposes.

The Central and State Government In UP are both controlled by the Bhartiya Janta Party (BJP) and the BJP is well known to be rabidly anti Muslim. So all kinds of false cases will be filed and registered against Muslims in India, and they may have to spend long years in jail, even if ultimately found innocent (e.g. the case of Nisar-ud-din who spent 23 years in jail on a charge of terrorism, before the Supreme Court found him innocent, or Amir who spent 14 years). 

Communalism was present in Indian society even before the BJP came to power in 2014, but thereafter it has increased exponentially, and society has become polarised. So having a Muslim name in India is nowadays dangerous.

 
Justice Markandey Katju is former Judge, Supreme Court of India and former Chairman, Press Council of India. 

 
 
Watch video:



Disclaimer : PunjabToday.in and other platforms of the Punjab Today group strive to include views and opinions from across the entire spectrum, but by no means do we agree with everything we publish. Our efforts and editorial choices consistently underscore our authors' right to the freedom of speech. However, it should be clear to all readers that individual authors are responsible for the information, ideas or opinions in their articles, and very often, these do not reflect the views of PunjabToday.in or other platforms of the group. Punjab Today does not assume any responsibility or liability for the views of authors whose work appears here.

_______________________________________________________________

Most shared Punjab Today articles:

 

KYUN KE HUM HAIN HINDUSTANI

Three Women of 1984

 FROM 1984 TO BARGARI - Hurt & angry, we’ve tried rage, anger. Did we miss karuna?   

REVISITING 1984 – RIOT AROUND A POLE     

KARTARPUR SAHIB: A CLARION CALL FOR PEACE IN AN AGE OF CYNICISM

If it could happen to Arun Shourie, imagine what could they do to you?

Healers & Predators – The Doctor is In, & is very corrupt

Amarinder, Badals, AAP — Every party in Punjab is now an Akali Dal

Welcome to 1947. Happy Independence Day. Would you like to step out?

In Pakistan, a donkey pays for democracy – bleeding, its nostrils ripped apart

WOOING THE PANTH: Amarinder a little less Congressy, Akali Dal a little more saffron

"Captain Amarinder Singh ji” and "Rahul”: Reading Sign Language In A Relationship

The Comrade In Punjab - Lost, Irrelevant, Asleep, Even Bored!

WATERS ROYALTY - The Loot that Rajasthan Committed

AMARINDER GOVT's LOVE FOR FARMERS, AND MY DAD's FOR HIS SCOOTER

OF SUNNY KID & HORSE SENSE: The Punjab-Punjab Ties  

TRUDEAU VISIT AND RIGHT-WING MEDIA MACHINE         

 OF NIRMAL SINGH'S EYES 

Mr. CHIEF MINISTER, PLEASE CALL OFF JANUARY 7 FUNCTION         

MR PRESIDENT, PLEASE TAKE BACK HIS GALLANTRY MEDAL       

A SAFFRON JOURNEY VIA CANADA

BAD, BAD WOMAN!

 


 

_______________________________________________________________

Punjab Today believes in serious, engaging, narrative journalism at a time when mainstream media houses seem to have given up on long-form writing and news television has blurred or altogether erased the lines between news and slapstick entertainment. We at Punjab Today believe that readers such as yourself appreciate cerebral journalism, and would like you to hold us against the best international industry standards. Brickbats are welcome even more than bouquets, though an occasional pat on the back is always encouraging. Good journalism can be a lifeline in these uncertain times worldwide. You can support us in myriad ways. To begin with, by spreading word about us and forwarding this reportage. Stay engaged.

— Team PT






[home] [prev]  1 [2]6-7 of 7


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comments*
You may use these HTML tags:<p> <u> <i> <b> <strong> <del> <code> <hr> <em> <ul> <li> <ol> <span> <div>

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