Time to curb extremist tendencies
Historically, our polity has been marked with the deception, self –aggrandisement and hypocrisy.
Historically, our polity has been marked with the deception, self –aggrandisement and hypocrisy. Right from the day one, when the much-applauded Constitution of India was gifted to the teeming millions of poor, gullible and illiterate by a few ideology driven though patriotic hypocrites, till today there seems to be a little or no change in the mentality and approach of our former and present rulers.
Indeed, the Constitution of India is a very dynamic and vibrant magna-carta. However, it sadly lacks the reflection of people's will. The successive governments have unfortunately taken the people for granted and perpetuated their rule which only sub-serves their own ends. The patch work of development is nothing but a veil to make people believe that all is well and they are safe and secure.
However, the ground reality is altogether different. Indeed, it is ironical that after accepting the two-nation theory and creating East and West Pakistan, the leaders of the day thought it fit to keep the remainder of India as open as a dharamshala, the result of such faulty policy could be seen today. It was obvious after the failure of Liaqat-Nehru pact that there would be an explosion of population bomb from within and outside which would not be in the interest of the county.
It is true that after the exit of Nehru-Gandhi family from the ruling platform, some piecemeal efforts have been made to rectify the threatening situation; but alas! it is too late to do so. Any amount of persuasion, negotiations or even threatening by the powers that be, is unlikely to assure permanent peace and co-existence of different communities.
Even the latest measures such as CAA-NRC, anti-conversion and love-jihad laws and the proposed Uniform Civil Code are unlikely to re-assure a man in the street of his safety, security and prosperity. The Rule of Law and public order, of late, have become casualties. The federal spirit and bonhomie between the Centre and the States have remained only the ideals on paper. What is still worse is the new and dangerous trend of attacking the integrity and impartiality of judges.
The death threat to judges is gradually becoming an order of the day. The very fact that today's governments have to provide high grade security to some judges of higher courts and creative writers and other media people speaks volumes for the sorry state of affairs. Added to this, of late, war bugles are often blown against the Central government by some of the opposition-ruled States which is really a matter of great concern. In the name of autonomy and constitutional freedom, senseless attempts to tarnish the very fabric of democracy are being made by the vested interests. This is deplorable, intolerable and condemnable.
Therefore, it is high time that a strong and decisive measure is taken to curb secessionist, extremist and communal tendencies flourishing in the country.
Big relief for accused in cheque bounce cases
In a case of cheque-bounce, granting big relief to the accused in the matter of interim compensation to the complainant under Section 143-A of Negotiable Instruments Act, the Karnataka High Court has held that a trial court cannot award 20 per cent of the cheque amount as interim compensation to the complainant mechanically without application of mind.
A single judge Bench of Justice M Nagaprasanna, in her order, passed in a Criminal Petition with case title Vijaya vs Shekharappa observed: "The Legislature has cautiously worded sub-section (1) of Section 143-A not to make it mandatory in all cases where clauses (a) and (b) of sub-section (1) would empower the learned Magistrate before whom proceedings are pending consideration to award interim compensation. It is the discretion conferred, as the word used is, "may".
In the case on hand, the petitioner Vijaya had approached the court seeking to stay the court order directing her to pay 20 per cent of Rs 2 crore value cheque allegedly given by her to the respondent Shekharappa.
Former CJI RC Lahoti dead
Former Chief Justice of India Ramesh Chandra Lahoti, who served from June 1, 2004 to November 2005, passed away on March 23. He was 81. Justice Lahoti was better known in the legal circles as a man of few words. "Justice Lahoti will always be remembered as a fearless independent judge who enriched legal jurisprudence in this country until his last breath," said the present CJI NV Ramana.
A reason to cheer for Ayush doctors
The Supreme Court in State of Uttarakhand vs Dr Sanjay Singh Chauhan case has held that both AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy) and Allopathy doctors working in government hospitals were entitled to equal pay and discriminating between the two amounts to violation of Right to Equality under Article 14.
A Bench of Justice Vineet Saran and JK Maheshwari upheld an Uttarakhand High Court judgment that set aside the State government's move to grant different pay for AYUSH and Allopathy doctors.
Victory for the physically disabled
The Apex court on March 25, passed an interim order allowing the physically disabled persons, who had cleared the civil services exam, to provisionally apply to the Union Public Service Commission for selection to Indian Police Service, Indian Railways Protection Force Service and Delhi, Daman and Dieu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police Service (DANIPS).
The interim orders were passed by Bench comprising Justice AM Khanwilkar and Justice Abhay S Oka, in a writ petition filed by an NGO National Platform for the Rights of the Disabled.