Legal Circles 28-01-2024

January 22, 2024 will go into the annals of history as the red letter day. On that day Bharatvarsh reclaimed its past glory and pride as the noble illustrious and imitable nation in the comity of world. The Ram temple which was ruthlessly demolished by the barbarous Mughal dacoit called Babur was not allowed to be re-built by the modern days progeny of Babur under one pretext or the other including the nonsensical law called, the Places of Worship Act.

As the reconstruction of Ram temple took place exactly as per legal dictum, the Jihadis and extremists could do a little to stop it. However, sporadic incidents like one in Nayanaga, Meera Road, Mumbai, where an unarmed procession of Ram Bhakts was attacked by the armed jihadi elements wherein several people in the procession were injured and the vehicles were badly damaged. However, it is a matter of solace that the hidutva government led by Eknath Shinde has lost no time in ‘Bulldozing’ the illegally constructed properties of the attackers in that locality.

Still the more serious reaction to the sacred epoch-making incident has been the condemnation by all the 57 member countries of the infamous Organisation of Islamic Countries (OIC) on the very next day, i.e., January 23. These countries which have been established and managed on the lines of Islamic teachings, obviously do not recognise and tolerate any other ideology than Islam which considers the entire globe as its own property and deprecates all non Muslims as Kafir’s or infidels. The opec which was a country of nomads until finding of the oil by infidels was a bunch of beggars seeking alms from all and sundry until 1950s. Even the Madina hotel of Hyderabad and many other Muslim owned business entities elsewhere in the country were regularly ‘donating’ huge sums annually to these deprived countries!

It is, indeed, the most intrigue that our government has not retorted to the OIC’s statement expressing concerns over construction of RAM temple putting an end to the Islamic hegemony. On earlier occasions too, the OIC had taken sides with Pakistan by condemning India for scrapping of Article 370 in Jammu and Kashmir. However, in case of Jammu and Kashmir we have given a befitting reply. Now, it is high time that the OIC is paid back in the same coin. No doubt, it is not easy because of our over dependence on these countries for the oil. Another important factor coming in the way of hard hitting any Islamic country is the personal aggrandizement of the Prime Minister Narendra Modi, who has been bestowed the highest civilian honour by as many as 7 opec countries! While the first factory of dependence for oil on the opec countries can be smoothened by a sizeable quantity from non-opec countries such as Russia and USA, the solution to another factor i.e., decorating the Prime Minister Narendra Modi with the highest honours by the OIC countries is hard to overcome. Obviously the government of the Day would not like to displease the seven ward giving OIC nations by out rightly condemning the statement because of the good equations of the Prime Minister with them.

The bonhomie and personal friendship apart, the national interests weigh high in such a situation. No country of whatsoever stretcher or economic supremacy should be allowed to speak about the policies and decisions taken by us in the national interests. A country which does not standby its glorious civilization, history and culture is indeed a country of cowards and opportunists. God alone save such a country.

· MERE CHEATING, NOT AN OFFENCE UNDER SEC 420 IPC: SC

The division bench of Justice Suryakant and Justice K.Viswanathan on January 22, hailed that while prosecuting a person for the offence of cheating u/s 420 of IPC, it is to be seen whether the deceitful act of cheating was coupled with an inducement leading to the parting of any property by the complainant. The bench reversed the concurrent findings of the High Court and trial court in this case titled Mariam Fasihuddin and another v/s State by Adugodi Police Station & Another.

· JUSTICE PRASANNA B VARALE SWORN IN AS SC-JUDGE

On January 25, Justice Prasanna B Varale was administered the oath of office by the Chief Justice of India D Y Chandrachud. With his appointment, the Supreme Court has attained its full strength of 34 judges. Prior to his elevation to the apex court, Justice Varale was the Chief Justice of the Karnataka High Court.

· APHC FILLS UP 20 JCJ POSTS

By a notification dated January 25, the High Court of Andhra Pradesh provisionally selected 20 candidates for the post of Civil Judge (Junior Division). The High Court had notified a total of 30 posts vide earlier notification dated March 07, 2023.

Of the Selected 20 candidates, 11 are from Open Category, 1 each from BC-A, B and C category, 4 from SC category and 1 from ST category besides 1 more from recruitment by transfer.

· ACRIMONY OVER CALCUTTA-HC JUDGE BEHAVIOUR

In a unsavoury development, a single bench of Justice Abhijit Gangopadhyay has alleged misconduct by Justice Soumen Sen who presided over a division bench which stayed Justice Gangopadhyay’s Order for a CBI enquiry into alleged irregularities in medical admissions in West Bengal.

Justice Gangopadhyay accused Justice Sen of misconduct and political bias in favour of Abhishek Banerjee, a heir-apparent of Chief Minister Mamta Banerjee. In a late development, the Supreme Court has taken suo motu cognisance of the matter and ordered the CBI probe to dig out truth.

* ICJ INDICTS ISRAEL OF GENOCIDE IN GAZA STRIP

The International Court of Justice (ICJ) on January 26 accused Israel of unleashing genocide in Gaza strip. The ICJ appealed the Israel to stop genocide on humanitarian ground. However, the ICJ was silent about the Hamas holding over 138 Israeli citizens as hostages.

The Israeli prime minister, Benzamin Netanyahu condemned the ICJ verdict and made it clear to rest of the world that until the Hamas was totally neutralised there was no question of stopping the war operations in Gaza strip.

In another development, the hearing of first civil suit in a federal court against President Joe Biden for supporting the Israel side commenced on January 25