Can’t call any part of India ‘Pakistan’: SC closes proceedings against Karnataka HC Judge

News Network
September 25, 2024

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New Delhi: The Supreme Court today closed proceedings against Karnataka High Court Judge Justice Vedavyasachar Srishananda, following his public apology for controversial comments made during court sessions. Chief Justice of India DY Chandrachud, leading a five-judge bench, stated that the decision was made in the interest of justice and the dignity of the judiciary.

Justice Srishananda during a recent court hearing. Justice Srishananda, while addressing a landlord-tenant dispute, referred to a Muslim-majority area in Bengaluru as "Pakistan" and made a misogynistic comment involving a woman lawyer. His comments, which went viral on social media, prompted the Supreme Court to seek a report from the Karnataka High Court, which was submitted shortly after the incident.

"No one can call any part of territory of India as 'Pakistan'," Chief Justice Chandrachud said. "It is fundamentally against the territorial integrity of the nation. The answer to sunlight is more sunlight and not to suppress what happens in court. The answer is not to close it down."

The Supreme Court had taken up the case on its own and had sought a report from the Karnataka High Court over the controversial remarks. A five-judge bench led by CJI Chandrachud, along with Justices S Khanna, B R Gavai, S Kant, and H Roy, had on September 20 expressed the need for establishing clear guidelines for constitutional court judges regarding their remarks in court. 

"Casual observational may indicate personal biases especially when perceived to be directed at a certain gender or community. Thus one must be wary of making patriarchal or misogynistic comments. We express our serious concern about observations on a certain gender or a community and such observations are liable to be construed in a negative light. We hope and trust that the responsibilities entrusted to all stakeholders are discharged without bias and caution," CJI Chandrachud said today. 

The Supreme Court bench said that when social media plays an active role in monitoring and amplifying courtroom proceedings, there is an urgency to ensure judicial commentary aligns with the decorum expected from courts of law.

Videos of Justice Srishanananda were viral on social media.

In one video, he refers to a Muslim-dominated locality in Bengaluru as "Pakistan" and in another video he was seen making objectionable comments against a woman lawyer. In the second incident, Justice Srishanananda can be heard telling the woman lawyer that she seemed to know a lot about the "opposition party", so much so that she might be able to reveal the colour of their undergarments.

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News Network
September 12,2024

New Delhi, Sep 12: Madrasas are "unsuitable" places for children to receive "proper education" and the education imparted there is "not comprehensive" and is against the provisions of the Right to Education Act, the National Commission for Protection of Child Rights (NCPCR) has told the Supreme Court.

The child rights body told the top court that children, who are not in formal schooling system, are deprived of their fundamental right to elementary education, including entitlements such as midday meal, uniform etc.

The NCPCR said madrassas merely teaching from a few NCERT books in the curriculum is a "mere guise" in the name of imparting education and does not ensure that the children are receiving formal and quality education.

"A madrassa is not only a unsuitable/unfit place to receive 'proper' education but also in absence of entitlements as provided under Sections 19, 21,22, 23, 24, 25, and 29 of the RTE Act," it said.

"Further, madrasas do not only render an unsatisfactory and insufficient model for education but also have an arbitrary mode of working which is wholly in absence of a standardised curriculum and functioning," the NCPCR said in its written submissions filed before the top court.

The child rights body stated that due to the absence of provisions of the RTE Act, 2009, the madrassas are also deprived of entitlement as in Section 21 of the Act of 2009.

"A madrassa works in an arbitrary manner and runs in an overall violation of the Constitutional mandate, RTE Act and the Juvenile Justice Act, 2015. It cannot be overlooked that a child getting education in such an Institution will be devoid of basic knowledge of school curriculum which is provided in a school.

"A school is defined under Section 2(n) of the RTE Act, 2009, which means any recognised school imparting elementary education. A madrassa being out of this definition has no right to compel children or their families to receive madrassa education," the NCPCR said.

It said most of the madrassas fail to provide a holistic environment to students, including planning social events, or extracurricular activities for 'experiential learning.

In a breather to about 17 lakh madrassa students, the apex court on April 5 had stayed an order of the Allahabad High Court that scrapped the Uttar Pradesh Board of Madarsa Education Act, 2004 calling it "unconstitutional" and violative of the principle of secularism.

Observing that the issues raised in the petitions merit closer reflection, a three-judge bench headed by Chief Justice D Y Chandrachud had issued notices to the Centre, the Uttar Pradesh government and others on the pleas against the high court order.

The top court said had the high court "prima facie" misconstrued the provisions of the Act, which does not provide for any religious instruction.

The high court had on March 22 declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism, and asked the state government to accommodate students in the formal schooling system.

The high court had declared the law ultra vires on a writ petition filed by advocate Anshuman Singh Rathore.

It had said the state has "no power to create a board for religious education or to establish a board for school education only for a particular religion and philosophy associated with it."

"We hold that the Madarsa Act, 2004, is violative of the principle of secularism, which is a part of the basic structure of the Constitution," the high court had said.

The petitioner had challenged the constitutionality of the UP Madarsa Board as well as objected to the management of madrassas by the Minority Welfare Department instead of the education department.

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News Network
September 20,2024

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Kasaragod: In a heartbreaking turn of events, the vibrant life of a young medical student from Kasaragod district was tragically cut short in a road accident in Coimbatore, Tamil Nadu, on Wednesday night.

Mohammed Rashid, a 20-year-old second-year MBBS student, hailed from the close-knit community of Kattatadka AKG Nagar in Kerala's Kasaragod district. Brimming with hope and aspirations, he had recently returned to Coimbatore to continue his studies after spending cherished moments with his family during a brief vacation back home.

On that fateful evening, around 8 PM, Rashid was crossing the road to grab dinner at a nearby hotel when tragedy struck. A speeding tipper truck hit him, leaving the young student fatally injured. Though he was rushed to the hospital, his fight for life ended before he could make it to the emergency room.

The devastating news sent shockwaves through his family and friends. His father, Ahmed, who works in the Gulf, returned immediately, heartbroken, to mourn the unimaginable loss of his beloved son. Rasheed's relatives, too, made the painful journey to Coimbatore, overcome with grief and disbelief.

The passing of Mohammed Rashid has left a deep void not only in the hearts of those who knew and loved him but in the wider community. His dreams of healing others and serving society as a doctor were tragically cut short, leaving behind an irreplaceable loss.

May his memory be a reminder of the fragility of life and the promise that he once held.

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News Network
September 12,2024

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Prime Minister Narendra Modi's visit to CJI D Y Chandrachud's house for Ganesha puja celebrations has raised doubts in the mind of Shiv Sena (UBT) leader Sanjay Raut, who questioned whether he would deliver 'justice' in the ongoing case the party has in the Supreme Court, given that the PM is the other party in the case.

Speaking to ANI, Raut said "Ganpathi festival is going on, people visit each other's houses. I don't have info regarding how many houses PM visited so far...but PM went to CJI's house and they together performed 'Aarti'."

He said that a custodian of the Constitution meeting politicians could raise doubts in the minds of people.

"In our case, other party is the central govt...Chief Justice should distance himself from this case because his relation with the other party in the case is openly visible," Raut continued.

He also raised questions if the CJI be able to give them justice in the case. "We are getting dates after dates and an illegal govt is going on...Shiv Sena and NCP were broken in such a way...we are not getting justice and PM Modi is taking a lot of interest in the illegal govt of Maharashtra, to save them," the Sena (UBT) leader continued.

Raut alleged that a doubt had been formed in Maharashtra's mind given the 'bond' the PM and the CJI seem to share.

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