Foolish To Compare Patriots With Terrorists!

After the ban of Popular Front of India (PFI) and its sister organisations chest-beating in chorus among the Muslim vote dependent political parties along with their drum beaters has suddenly escalated. This reaction has been in line with the political observers' assessment. Let these terrorist, extremist and Jihadi forces cry from the roof top and hurl threats of mass violence and anarchy, gone are the days of brow-beating the governments of the days which succumbed to such inane threats of anti-national elements. Today, the nation solidly stands behind the government, thereby boosting its morale to crush mercilessly such unwanted elements.

Obviously, no country worth its name can tolerate the elements like PFI and the like who despite having been given a long rope to mend the ways did not for all these years since 2014. Starting from the Award-Wapsi gang, to Tukde-Tukde chorus to Kashmir Mange Azadi rhetoric , culminating into the grand gala shows of Shaheenbagh and sinister Tikait-led farmers' protests on non-issues, not to speak of Delhi violence followed by discredited splinter group of Khalistanis, were attempts to destabilise the country and create chaos . But alas, the dreams of the anti-national forces did not come true, thanks to the forbearance of the people and unflinching trust in the government of the day.

Truly as the responsible government, the Union of India did its elaborate homework before cracking down on the PFI and company. The ED, CBI, IT, NIA etc; burnt midnight oil to gather clinching evidence which will be suffice to prove the cases slapped on the dreaded criminals and ensure their rightful place, that is, prison.

Coming to the uniform reaction of almost all opposition parties that if the PFI could be banned, why not the Rashtriya Swayam Sevak Sangh (RSS) too!

Such a demand, to say the least is ridiculous. The PFI and its supporters know it well that it the RSS is a formidable force of patriotic, nationalist elements with a vast organisational structure which sends shivers in the pants of the anti-national terrorist elements. Whenever the RSS has struck on such elements it is rather in retaliation to the terror unleashed by PFI supported and sponsored organisations. The constructive and humanitarian activities undertaken by the RSS and its front organisations has no parallel. Hence, there could be no comparison between the PFI and RSS. Needless to say that PFI nurtures an agenda to Islamise India with the international Jihadi outfits such as ISIS, Lashkar-e- Toyiba etc; while the RSS is a purely home breed organisation to protect sovereignty, integrity, liberty and unity of the people irrespective of their religion, caste, creed, language or race.

Certainly, the Constitutional guarantees are not available to those who put their religion above the Constitution, consider the non-believers of their religion as infidels or Kafirs and exhort the religious fanatics to indulge in violence. Unfortunately, leaders like Asaduddin Owaisi to whose credit is a tag of the 'Best Parliamentarian' and a coveted Bar-At-Law qualification, close their eyes to the aforementioned caveats to qualify for the protection of the Constitution. When he quotes selectively and randomly from a judgment of the Supreme Court of India which states that mere association with a banned organisation does not make a person liable for the punishment, Owaisi is partly right but the other part which he too, pretty well knows and therefore, conveniently avoids mentioning is that the law does not come to the rescue of the outlaws. A person or an organisation which has a proclaimed stand of converting India into Gazwa-e- Hind and minces no words in enforcing its violent agenda towards fulfillment of this goal, cannot take shelter under the Constitution and the apex court's judicial pronouncements. It would be akin to a Shaitan quoting from the holy scriptures.

SC SAYS SEC.313 CR.P.C STATEMENT IS LIKE ART.21

Emphasising upon Section 313 of the Code of Criminal Procedure, the Supreme Court has said that it confers a valuable right upon an accused to establish his innocence and can well be considered beyond a statutory right, as a constitutional right to a fair trial under Article 21 of the Constitution.

Delivering the judgment in appeal in a case titled, Jai Prakash Tiwari Vs. State of Madhya Pradesh, a three judge bench comprising the then CJI N V Ramana, Justice Krishna Murari and Justice Hima Kohli said that a reasonable opportunity entails putting all the adverse evidences in the form of questions so as to give an opportunity to the accused to articulate his defence and give his explanation. The court added that if all the circumstances are bundled together and a single opportunity is provided to the accused to explain himself, he may not be able to put forth a rational and intelligible explanation. Such exercises which defeat fair opportunity are nothing but empty formality.

Holding that non-fulfillment of the true spirit of Section 313 may ultimately cause grave prejudice to the accused, the court allowed the appeal filed by an accused who was concurrently convicted under Section 307 of IPC and Sections 25 and 27 of the Arms Act.

KARNATAKA HC IMPOSES PENALTY ON PIO

Karnataka High Court Justice Krishna S Dixit has recently observed that the Information Commission cannot let the undue delay caused by a Public Information Officer (PIO) in furnishing information as sought for, go unpunished. The court added that leaving the culpable delay to go with impunity strikes at the root of law.

The abovementioned observations came in a case titled, Sijo Sebastain Vs. Karnataka Information Commission & Ors. The petitioner averred that the information sought by him came to be furnished with a delay of about two years whereas his statutory appeal was disposed off by the State Information Commission was 'casually' closed, ignoring the enormous delay brooked by the PIO.

Taking serious view of the matter, the court observed, " Respondent-Commission being a statutory quasi judicial body cannot act like a maharaja or moghul, its functions being of public law character " and imposed the maximum penalty prescribed under Section 20 of the RTI Act on the PIO directing him to pay the same along with Rs.10,000 towards cost to the petitioner.

TS HC TO STREAM LIVE PROCEEDINGS

The Telangana High Court will stream live court proceedings from October 10 that is, after the Dasara vacation. To start with, the live proceedings will be limited to the Court No.1, the Chief Justice's court.

FAREWELL TO TS HC JUDGE G SRI DEVI

A full court farewell was given to Justice G Sri Devi on her retirement on September 28. Rich accolades were paid to her by speakers that included Chief Justice Ujjal Bhuyan, State Bar Council Chairman , Advocate General and the President of the High Court Bar Association.