OPINION

General

Dr Kafeel Khan’s preventive detention order under NSA is illegal; should be struck down by court
Jinhe Naaz Hai Hind Par Woh Kahaan Hain?
15.02.20 - Markandey Katju

DR KAFEEL KHAN is a medical practitioner who did his MBBS and MD (Paediatrics) from the renowned Manipal Medical College, Karnataka, and thereafter served as a lecturer in BRD Medical College, Gorakhpur. When several children died in 2017 in the Gorakhpur hospital attached to the Medical College for lack of oxygen cylinders he was arrested and charged for medical negligence, but the enquiry revealed that there was a shortage of oxygen cylinders in the hospital, and in fact Dr Khan spent money from his own pocket to obtain some oxygen cylinders for the patients and worked overtime during the crisis.
 
It was also found that he had written letters to several authorities informing them of the shortage of oxygen cylinders, but to no avail. The Indian Medical Association, several doctors of AIIMS, Delhi, and over 200 health professionals and allied activists wrote letters to the CM of UP, Yogi Adityanath ...
  


SC must order release of all detained Kashmiri leaders
IT'S VIOLATION OF THEIR CONSTITUIONAL RIGHTS
13.02.20 - Markandey Katju

OMAR ABDULLAH, former chief minister of Jammu and Kashmir, has been in detention since August last year under the J&K Public Safety Act. I submit that every moment of his detention, as well as the detention of other Kashmiri leaders, has been a gross violation of the right to liberty enshrined in Article 21 of the Constitution of India.

The allegations against Omar are totally frivolous. In a three-page dossier, it is said he made statements to the Kashmiri public against the revocation of Articles 35A and 370. It is also alleged that "his capacity to influence people for any cause could be gauged from the fact that he was able to convince the electorate to come out and vote even during peak militancy and poll boycotts”.

All this is ipse dixit, and hardly a valid ground for detaining him. There is no allegation that Omar ever gave a call for violence ...
  


HIGHER JUDICIARY
04.02.20 - Markandey Katju

WHEN former Chief Justice of India Deepak Mishra misbehaved in allocating jurisdiction in the Supreme Court, four senior-most judges, including Ranjan Gogoi, protested by holding an open press conference and speaking against Mishra.
 
But when Ranjan Gogoi (I refuse to call him ‘Justice’ as a sexual pervert does not deserve that appellation) committed much greater misconducts, of various kinds, and practically prostrated before the BJP Govt and handed over almost the entire Court to the political executive, giving up its solemn duty of protecting the rights of the people, not a single voice of open dissent was heard from any of the Supreme Court Judges.
 
When the disgraceful MISA judgment (ADM Jabalpur vs Shivakant Shukla) was delivered, there was at least the brave dissenting voice of Justice H. R. Khanna.
 
But when the shameful Ayodhya verdict was delivered it was unanimous.

Gogoi was of course a rogue and rascal, and a ...
  


Why celebrate Republic Day when Cheer Haran has been done to our Constitution?
25.01.20 - Markandey Katju

January 26 is celebrated as Republic Day in India, but I have renamed it Cheer Haran (disrobing) Day. The truth is that the Constitution promulgated in 1950 has been flagrantly flouted and torn to shreds and has been rendered a scarecrow, hollow and empty, and now only acting as an instrument to deceive the gullible people by our politicians, who are almost all thugs, gundas, rogues, rascals, deceivers, looters, scamsters, and experts in polarizing the people by spreading caste and communal hatred to get votes, only interested in power and pelf, but having no genuine love for the people.

Consider the facts:

1. The Constitution 'guaranteed' equality among the people vide Articles 14 to 18, which were proclaimed as fundamental rights. Also, Article 38(2) stated, "The state shall strive to minimise inequalities in income". Article 39(c) stated that the state shall direct its policy to ensure that there is no concentration of ...
  


Is India truly a secular country?
WE THE PEOPLE
18.01.20 - Markandey Katju

The preamble to the Indian Constitution declares India to be a secular country, and Articles 25 to 30 are also that effect.

But what is the truth? The truth is that the Constitution is only a piece of paper, and the ground reality is that India is a highly communal country. Most Hindus in it (and 80% of its population is Hindu) are communal, and so are most  Muslims (who are 15-16% of the population). Why is it so ? This needs a deeper analysis which is given below.

Secularism is a feature of industrial society (as exist in North America, Europe, Japan, etc ). It is not a feature of feudal or semi feudal society. In India the feudal economy was partially destroyed after Independence by the zamindari abolition laws, a certain limited degree of industrialization etc. However, the feudal mindset still continues among most of our people, as is obvious ...
  



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